With her recent article, A Products Liability Framework for A.I., Professor Catherine Sharkey may have silenced at least some critics of artificial intelligence (A.I.) regulation. At the very least, the article stands as a sharp retort to anti-regulation advocates who often crow: “But how can we regulate A.I. when we don’t even yet know
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A Thinking Person’s Guide to Tax Conflict at the UN
By Diane Ring
Regardless of one’s normative perspective, international tax—both its design and its substance—is in great flux. We see this playing out at the United Nations in ongoing debates and maneuvers regarding the UN’s new role in global tax policy making, including during the first week of February 2025, as the UN debated a new framework convention…
No Change Without Sacrifice (Zones)?
By Sara Bronin
As extreme weather and natural hazards increase, policymakers must do a better job of ensuring that people live out of harm’s way, and build in a manner compatible with our changing planet. Land use laws, which in the United States are primarily the province of local governments, could help achieve more rational outcomes. Local zoning…
The Interbellum Circuit Justices
Most of what lawyers learn about the “Interbellum Constitution”–i.e., constitutional law between the end of the War of 1812 and the beginning of the Civil War—comes from the handful of major Supreme Court decisions of that era that law schools still teach as part of the required first-year curriculum. McCulloch v. Maryland for the supremacy…
Immigration Detention Through the Lens of the County Jail
Rachel RosenbloomImmigration law scholars have devoted considerable attention in recent years to the federal government’s deepening cooperation with state, county, and local law enforcement agencies, part of a growing focus within immigration law scholarship on the intersection of immigration law and criminal law (or “crimmigration law”). In large part, the story that legal scholars have…
Stopping the Zombie Apocalypse
Maya Steinitz, Zombie Litigation: Claim Aggregation, Litigant Autonomy, and Funders’ Intermeddling, __ Cornell L. Rev. __ (forthcoming, 2025), available at SSRN (Nov. 1, 2024).There has been so much enthusiasm for litigation funding. Scholars have sung its praises: it will solve the access to justice problem; it is no different from insurance; if you find yourself…
Originalism’s Plain Meaning Problem
By Nina Varsava
Bill Watson, The Plain Meaning Fallacy, __ B.C. L. Rev. __ (forthcoming, 2026) available at SSRN. (Feb. 1, 2025).In The Plain Meaning Fallacy, Bill Watson exposes a problem in what he considers the dominant form of originalism today—original public meaning (OPM) originalism. OPM originalism takes the content of constitutional law to be determined by…
McFarlin on “Infringing Uses” After Warhol
In Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith,1 the Supreme Court considered whether the licensing of one of Andy Warhol’s Prince Series works for the purpose of illustrating a magazine story about the musician Prince, was a fair use of the Lynn Goldsmith photograph on which the Warhol work was…
High Stakes Deference
It is surely an understatement to observe that global constitutionalism and human rights are under considerable pressure. Central to many of the up-to-the-minute (post-January 2025) challenges, is the age-old question of the role of the apex or supranational court in rights protection. Research into how courts and tribunals react, and should react, to the ever-expanding…
The Trouble With Health
As shown by the renewed backlash against health insurers, this time unleashed by the United Healthcare CEO’s killing in Manhattan, there seems to be something about health. Those of us who work in health law likely chose this field because we’ve always known that, indeed, there is just something about health. But what exactly is…