Issue 5
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ArticleVol. 103 · Iss. 5
White House Inspection
Abstract Attempting to hold the President and White House officials accountable necessarily presents a fundamental conundrum—how to balance essential characteristics such as independence and…
Jonathan David Shaub -
ArticleVol. 103 · Iss. 5
Mass Corporate Governance
Abstract Democracy is a compliance cost. At least, that is the modern conception of performative corporate governance. Structurally contingent legal and market characteristics mean…
Caleb N. Griffin -
ArticleVol. 103 · Iss. 5
The Regulatory Paradox of Climate Insurance
Abstract Decades of inadequate federal action on climate change have culminated in a near-total regulatory retreat. Meanwhile, the climate crisis continues to intensify, imposing…
Aisha I. Saad -
ArticleVol. 103 · Iss. 5
Ex Parte Young Redux
Abstract Trump v. CASA, Inc., the first high-profile Supreme Court case challenging President Trump’s birthright-citizenship executive order, cemented a seismic shift in federal courts’…
Katherine Mims Crocker -
ArticleVol. 103 · Iss. 5
Patent Law’s (Short-Lived?) Era of Normalcy
Introduction An unusual and surprising thing is happening in patent law of late: very little. The four decades beginning in 1980 saw almost constant…
Mark A. Lemley -
NoteVol. 103 · Iss. 5
Boiler Wrecks, Tainted Meat, and Other Red Flags: Lessons from the Industrial Revolution for AI Regulation
Introduction California’s Senate Bill 1047 (S.B. 1047), known as the Safe and Secure Innovation for Frontier Artificial Intelligence Models Act, represents a significant early…
Keith Lindsey, Jr. -
NoteVol. 103 · Iss. 5
From Day Cares to City Halls: Prosecuting Fraud and Reforming Oversight in Federal Programs
Abstract State agencies and local nonprofits play a critical role in addressing social problems, by administering federal programs and distributing aid. To uphold the…
Ethan Kadet