Under
Latest from Jotwell - Page 7
The New “Normal”
For those splashing around in the shallow water of AI Law and Policy, it’s a heady time to be mapping old laws onto transformative AI-based technologies, such as chatbots, image generators, and AI agents. But off toward the horizon in
Jury Rights in Civil Tax Cases??
Does the Seventh Amendment provide a taxpayer with the right to a jury before the government imposes tax penalties? This issue is live at the Tax Court, at Courts of Appeals, and at the Supreme Court. Fortunately, the tax literature
Male Supremacy as a Products Liability Defect
In 2019 the phrase “a world designed for men” saw print when the Brazilian-English activist Caroline Criado Perez put it into the subtitle of a book. Criado Perez may not have been the first to notice the pattern of extraordinary
Do Landlord Privacy Rights Trump Voucher Inspections?
Heather R. Abraham, Sheltering Discrimination: Fourth Amendment Challenges to Voucher Inspections, __ U.C. Davis L. Rev. __ (forthcoming 2027), available at SSRN (Feb. 06, 2026).
Professor Heather Abraham’s new Article, Sheltering Discrimination: Fourth Amendment Challenges to Voucher Inspections, embodies the
Legal Theory, Law, and Politics: Making Theory Useful
In his famous 1957 Oliver Wendell Holmes Lecture at Harvard, the renowned British legal philosopher H. L. A. Hart presented a vision of law as a system of rules validated through institutional procedures and not dependent on moral merit for
Who Wants What?
John Morley & Yair Listokin, What Should You Owe Your Ex? A Survey of Attitudes About the Law of Married and Cohabiting Relationships (Mar. 14, 2026) (unpublished manuscript), available at SSRN.
Law has mostly dealt with unmarried couples by
Post-Merits Stare Decisis
In Sustaining Stare Decisis as a Post-Merits Determination, Peter Povilonis offers an insightful and novel analysis of the U.S. Supreme Court’s stare decisis jurisprudence. He characterizes stare decisis as a procedural doctrine that, in its proper form, is separate from
Litigation in the Shadows of Empires
Earlier this year, Jimmy Lai, a pro-democracy advocate in Hong Kong and a critic of China, was sentenced to 20 years in prison after being convicted of colluding with foreign forces and publishing seditious material in violation of the Beijing-originated
What Should IP Law Do (if Anything) About Cultural Appropriation?
For several decades now, a debate about whether or how to regulate cultural appropriation, especially of indigenous creations, has been brewing at the edges of American IP scholarship. This topic has, however, never really broken through—that is, it has never