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Ending the AI Race: Regulatory Collaboration as Critical Counter-Narrative
March 05, 2025 EDT
Ending the AI Race: Regulatory Collaboration as Critical Counter-Narrative
Tiffany C. Li

Tiffany C. Li criticizes the current models of international cooperation and competition, while offering a novel framing of regulatory collaboration as an alternative model for AI ethics governance.

Gatekeeping Screen Time: Configuring the Regulation of Addictive Technologies and Kids' Privacy Rights
March 05, 2025 EDT
Gatekeeping Screen Time: Configuring the Regulation of Addictive Technologies and Kids’ Privacy Rights
Gaia Bernstein

Gaia Bernstein argues that the Tech Liability Model, which directly regulates tech platforms and establishes them as gatekeepers, is essential to successfully regulate addictive technologies and reduce kids’ screen time.

Abolition, Dignity, and Amazing Grace
March 05, 2025 EDT
Abolition, Dignity, and Amazing Grace
Etienne C. Toussaint

Etienne C. Toussaint explores the legacy of Dr. Martin Luther King, Jr.’s pursuit of racial justice and multiracial democracy through the lens of the author's grandmother’s urban gardening practice.

Religious Freedom and the Status/Conduct Problem in Nondiscrimination Cases
March 05, 2025 EDT
Religious Freedom and the Status/Conduct Problem in Nondiscrimination Cases
Helen M. Alvaré

Helen M. Alvaré reviews and critiques Supreme Court, state, and lower federal court opinions in which she argues judges have conflated status with conduct when considering Free Exercise issues.

December 25, 2024 EDT
“Major Questions” About Preemption
Kamaile A. N. Turcan

Kamaile A. N. Turcan investigates the results of the major question doctrine’s “Step Zero” analysis in preemption litigation, specifically in the abortion, net neutrality, and climate change arenas.

December 25, 2024 EDT
Breaking Bad – The Third Circuit’s View in United States v. Lewis Mischaracterizes Uniformity in Federal Sentencing
Noah Swanson

Noah Swanson argues that the Third Circuit mischaracterized the concept of uniformity when addressing the impacts of a broad definition of controlled substance offense.

Penny-Wise But Not Pound-Foolish: The Second Circuit Limits the Scope of Scheme Liability for Securities Fraud in _SEC v. Rio Tinto PLC_
December 25, 2024 EDT
Penny-Wise But Not Pound-Foolish: The Second Circuit Limits the Scope of Scheme Liability for Securities Fraud in SEC v. Rio Tinto PLC
Julia Sullivan

Julia Sullivan argues that the Second Circuit’s decision in SEC v. Rio Tinto PLC properly interpreted the congressional intent behind anti-fraud securities laws while narrowly construing related Supreme Court precedent.

Super Sizing _Caremark_: The Delaware Court of Chancery Allows for Broader Reaching Liability for ESG Failures in _McDonald's_
December 25, 2024 EDT
Super Sizing Caremark: The Delaware Court of Chancery Allows for Broader Reaching Liability for ESG Failures in McDonald’s
Tara McBride

Tara McBride considers the Delaware Court of Chancery's efforts to broaden liability for ESG failures by enabling shareholders to sue officers for failures involving a wider range of ESG issues.

Crypto Failure in the Shadows
December 25, 2024 EDT
Crypto Failure in the Shadows
Kara J. Bruce

Kara J. Bruce confronts the dueling interests of data privacy and public disclosure in crypto bankruptcy cases.

Sitting on a Throne of Lies: Using RICO and Wire Fraud to Hold Politicians Accountable and Demonetize Campaigns that Intend to Defraud
September 09, 2024 EDT
Sitting on a Throne of Lies: Using RICO and Wire Fraud to Hold Politicians Accountable and Demonetize Campaigns that Intend to Defraud
Michael Furey

Michael Furey argues that prosecutors should look to pursue wire fraud charges and criminal actions under RICO for politicians, associates, and PACs who coordinate together to raise money with misrepresentations.

September 09, 2024 EDT
SOS–Save Our System: How the D.C. Circuit’s Holding in In re White Attempts to Rescue the Legal System from Descending into Disorder
Alexa D. Monro

Alexa D. Monro analyzes the D.C. Circuit's refusal to adopt a rule against fail-safe classes and underscores the significance of that move in recentering class certification around Federal Rule 23.

September 09, 2024 EDT
Burdening the “Skilled Searcher”: The Federal Circuit Falls Short of Providing Ironclad Fixes to § 315(E) Estoppel Issues in Ironburg v. Valve
William Kehoe

William Kehoe analyzes a recent decision from the Federal Circuit and argues that the court's adoption of a "skilled searcher" standard is suitable to adjudicate "inter partes review" estoppel.