In Gundy, Justice Gorsuch reminds us that one of the traditional roles of the agency is “filling up details and finding facts.” (Dissent, P. 33.) Indeed, “fact-finding” appears in the title of at least eighty law review articles on
Most legal responses to generative artificial intelligence ask familiar questions. Who may copy? Who may sue? Who should regulate? Who should pay? Jeremy Bearer-Friend and Sarah Polcz ask a more basic, and more corporate, question: who should own AI? Their
In Work Law’s Domain, Professor Ryan Nelson reveals our general “blindness” about who and how many people are really covered by work law generally and employment discrimination law in particular. (P. 60.) As Professor Nelson notes early in the piece,
Does the United States only pay lip service to testamentary freedom? When compared to other countries, it does not appear that way. That is, by providing a substantial degree of testamentary freedom, the United States is actually in the minority
The professional standard for medical malpractice, traditionally set by custom, has come under scrutiny. The most common concern is that custom may not reflect actual best practices,1 and health care providers may be reluctant to adopt those newer, better
Who regulates the physical and informational risks of scientific research? Who makes sure that researchers keep intensely personal data secret, or lock their
In K-Sue Park’s Property and Sovereignty in America: A History of Title Registries & Jurisdictional Power, it is the near-invisible, mundane title registry that is at the center of the early American settlement and dispossession of indigenous landholders.Title registries are
Native people’s citizenship is in the news. In its attacks on birthright citizenship, the Trump administration argues that because “Indians in tribal relations” were not citizens under the original understanding of the Citizenship Clause, children of undocumented or temporarily present
Crisis claims, especially around disruptive technological innovation, tend to sell well, but are often overstated. This is true in general (the
There is a renewed wave of scholarship in constitutional law emphasising cooperation and trust rather than conflict and distrust. The latter, associated with American-style constitutionalism, has long dominated our imagination alongside American political and social supremacy, but it now seems
