Home Rule Reinforcement: Constitutional Local Autonomy Guarantees
The Federal Constitution has much to say about the relationship between the federal government and the states, but it is silent as to the distribution of power between state governments and their...
View ArticleThe Decline and Fall of the State Executive Council
“It seems a paradox, and yet it is true, that as a rule a citizen knows more of the national government, with which he may never come in actual contact, than he does of his own State, county, and...
View ArticleEnforcing State Constitutions Through Constitutional Torts
Federal civil rights have been in general retreat for roughly a half-century. Seeing the beginnings of this trend in the mid-1970s following the end of the Warren Court, Justice Brennan published a...
View ArticleThe “History and Tradition” of Substantive Due Process in State Constitutions
Substantive due process occupies a curious constitutional twilight zone, teetering somewhere between good law, cautionary apologue, and “constitutional meme.” The doctrine’s critics have been...
View ArticleIntroduction
Lockstepping’s critics have increasingly found their voice in the courts. State constitutions are unique documents, with their own histories, texts, and procedures. But often, state courts import...
View ArticleBeyond Section 230: Principles for AI Governance
[H]istory repeats itself, and that’s just how it goes. — J. Cole It is often said that “a lie can travel halfway around the world while the truth is still putting on its shoes.” Some say the phrase...
View ArticleAmoral Drift in AI Corporate Governance
ChatGPT’s debut in November of 2022 set off a race in Silicon Valley to develop and monetize artificial intelligence (AI). Within a few months, Microsoft invested $10 billion in OpenAI, the company...
View ArticleCo-Governance and the Future of AI Regulation
It’s no secret that artificial intelligence (AI) has posed a challenge for lawmakers. Tackling the technological complexity, rapid pace of development, and broad variety of projected impacts is no...
View ArticleArtificial Intelligence and the Creative Double Bind
It has long been taken for granted that creativity is a uniquely human ability. Copyright doctrine, designed to incentivize creativity, is built on such an assumption. New, sophisticated forms of...
View ArticleDevelopments in the Law — Artificial Intelligence
Introduction Resetting Antidiscrimination Law in the Age of AI Antidiscrimination Law Before AI A Typology of “AI Regulations” The Output-Based Puzzle Conclusion Artificial Intelligence and the...
View ArticleResetting Antidiscrimination Law in the Age of AI
On June 21, 2022, the U.S. Attorney for the Southern District of New York brought suit against Meta Platforms for discriminating against Facebook users through its housing advertisement system. Meta...
View ArticleIntroduction
Writing about artificial intelligence (AI) presents challenges. Indeed, the field has evolved rapidly and offers the potential for significant paradigm changes, making it the focus of much academic...
View ArticleThe Constrained Override: Canadian Lessons for American Judicial Review
Who gets to decide what the U.S. Constitution means? At least since the turn of the century, the Justices on the Supreme Court have made their answer clear: the courts. But a growing wave of scholars...
View ArticleAppendix for District Court Reform: Nationwide Injunctions
This Appendix provides the dataset used in the Developments in the Law Chapter on nationwide injunctions. The table below lists nationwide injunctions issued from 1963 through the end of 2023, as...
View ArticleDistrict Court Reform: Nationwide Injunctions
On November 18, 2022, months after the Supreme Court overturned Roe v. Wade, a group of antiabortion doctors and organizations brought suit in the U.S. District Court for the Northern District of...
View ArticleJudicial Ethics
[T]he [S]upreme [C]ourt . . . [will] have a right, independent of the legislature, to give a construction to the [C]onstitution and every part of it, and there is no power provided in this system to...
View ArticleReform Congress, Not the Court
Public approval of the Supreme Court has fallen to historic lows. The Court is not alone. Trust in government has collapsed. Only twenty-six percent of Americans have a favorable view of Congress....
View ArticleConfusion and Clarity in the Case for Supreme Court Reform
Supreme Court reform is in the air. Different people want different changes for different reasons, but they come together in an excited buzz about changing the Court. This excitement is out of the...
View ArticleIntroduction
Yeniifer Alvarez arrived in the United States from San Luis Potosí, Mexico, in 1998, when she was three years old. Her family settled in Luling, Texas, about fifty miles south of Austin. After her...
View ArticleDevelopments in the Law — Court Reform
Contents Introduction Chapter One: Confusion and Clarity in the Case for Supreme Court Reform Chapter Two: Reform Congress, Not the Court Chapter Three: Judicial Ethics Chapter Four: District Court...
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