Volume 103
-
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 -
CommentaryVol. 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 -
ArticleVol. 103 · Iss. 4
The Law and Economics of Resilience
The field of law and economics has long studied externalities, the costs and benefits actors create and yet fail to internalize. But scholars have…
Doni Bloomfield & Jeff Gordon -
ArticleVol. 103 · Iss. 4
Deference Realities: Judicial Deference and Litigation Outcomes in the Appellate Review Era
The Supreme Court recently overturned Chevron, potentially re-shaping the relationship between courts and administrative agencies. Observers were quick to fête or mourn the decision.…
Edward H. Stiglitz -
ArticleVol. 103 · Iss. 4
Theories of University Endowment Taxation
University endowment taxation is now one of the most significant issues in U.S. federal tax policy, and it only promises to grow in prominence…
Lauren Libby -
ArticleVol. 103 · Iss. 4
Bypassing Agency Adjudication
This Article examines the contested practice of bypassing agency adjudication to accelerate judicial review of non-final executive action. Parties typically challenge final action under…
Brian M. Lipshutz -
CommentaryVol. 103 · Iss. 4
Control Capture and Competition
This Essay identifies an emerging problem in antitrust law and policy, particularly in the technology industry. Antitrust doctrine aimed at preventing future harms has…
D. Daniel Sokol & Robert J. Rhee -
NoteVol. 103 · Iss. 4
From Victim to Defendant: Advocating for Child Rights of Child Sex Trafficking Victims who Commit Any Criminal Offense as a Result of Their Victimization
Chrystul Kizer. Cyntoia Brown. Pieper Lewis. Alexis Martin. These names represent just a handful of survivors of child sex trafficking (CST) who committed violent…
Amanda N. Ghibaudo