Volume 103

Issue 5

  • 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…

  • 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…

  • 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…

  • 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’…

  • 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…

  • 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…

  • 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…