Laboratories of Extraterritoriality
Abstract. With the effective demise of the Alien Tort Statute (“ATS”), state law is widely expected to play an expanded role in international human rights litigation. . . .
Direct Filing in Multidistrict Litigation: Limiting Venue Options and Choice of Law for Plaintiffs
Demystifying Reliance Interests in Judicial Review of Regulatory Change
Although the United States Supreme Court instructs that a court reviewing agency decisions is required to consider any reliance interests that have been engendered, the high court has not always followed its own instruction. When the Supreme Court has considered reliance interests . . .
Mandatory Arbitration and the Boundaries of Corporate Law
A storm is brewing on the corporate law horizon. Several recent judicial developments, which this Article ties together for the first time, present the most refined opportunity yet for mandatory arbitration—today prevalent in consumer and employment contracts—to enter the corporate law . . .
Nature, Nurture, or Neither?: Liability For Automated and Autonomous Artificial Intelligence Torts Based on Human Design and Influences
Legal scholars have proposed varying solutions to the question of who should be liable for harms caused by artificial intelligence (“AI”). The disagreement in AI-liability discourse stems from the lack of scope and definition on what AI is and what AI harms even look like.
Debunking the “Big is Bad” Bogeyman: Facebook Benefits Consumers
“Ever since Congress overwhelmingly passed and President Benjamin Harrison signed the Sherman Act in 1890,” recounts the Supreme Court, “‘protecting consumers from monopoly prices’ has been ‘the central concern of antitrust.'”. . .
State Anti-Lenity Statutes and Judicial Resistance: “What A Long Strange Trip It’s Been”
Courts have many interpretive tools to help construe statutory text that is found to be less than clear. One such tool is the rule of lenity. A typical formulation for the rule of lenity is that an ambiguous criminal statute should be strictly construed in favor of the criminal defendant . . .
Jack of All Trades, Masters of None: Giving Jurors the Tools They Need to Reach the Right Verdict
If trials exist to develop truth, then jurors, as the final arbiters of that truth, should be allowed to ask clarifying questions of witnesses whose credibility they are judging. This procedural courtesy is not a recent phenomenon. Although still systemically underutilized and primarily . . .
Interim United States Attorneys
At nine o’clock at night on Friday, June 19, 2020, Attorney General William Barr released a statement announcing the President’s intention to “nominate Jay Clayton, currently the Chairman of the Securities and Exchange Commission (“SEC”), to serve as the next United States Attorney for the . . .
Bush v. Gore’s Uniformity Principle and the Equal Protection Right to Vote
The American electoral system has traditionally been highly decentralized, administered primarily at the county and local levels by officials vested with substantial discretion. . . .