Aug 1, 2026 | Volume 77, Issue 5
Jed Handelsman Shugerman Volume 77, Issue 5, 1005-1038 The Trump administration and other opponents of birthright citizenship for the children of “unlawful immigrants” make the following originalist claim about the Fourteenth Amendment: Even if the clause meant...
Aug 1, 2026 | Volume 77, Issue 5
Dan Lewerenz & Kimberly Schweitzer Volume 77, Issue 5, 1039-1096 For 140 years, the Major Crimes Act (“MCA”) has authorized federal criminal jurisdiction over certain enumerated crimes committed by Indians in Indian country. Although Congress specifically said...
Aug 1, 2026 | Volume 77, Issue 5
Angela Zhao & Sonia K. Katyal Volume 77, Issue 5, 1097-1152 Years ago, Lawrence Lessig warned society of the dangers of a “permission culture” and a “pay per use” society that requires licenses in order to create. With the rise of licensing and contractual...
Aug 1, 2026 | Volume 77, Issue 5
Michael P. Goodyear Volume 77, Issue 5, 1153-1212 Generative artificial intelligence (“AI”) is changing the way we do everything from legal research to artistic creation. These advances are possible through recent improvements in machine learning, but greater AI...
Aug 1, 2026 | Volume 77, Issue 5
Paolo Saguato Volume 77, Issue 5, 1213-1276 In January 2021, retail broker-dealer Robinhood abruptly restricted trading in GameStop and other “meme” stocks, sparking public outrage and political scrutiny. While conspiracy theories spread quickly, a more mundane...
Aug 1, 2026 | Volume 77, Issue 5
Emily Strauss Volume 77, Issue 5, 1277-1312 The federal securities laws are conventionally understood as a disclosure regime: They compel issuers to provide information to the market, and they back that mandate with strict liability under provisions such as Section 11...
Aug 1, 2026 | Volume 77, Issue 5
Eunice Lee Volume 77, Issue 5, 1313-1392 Under the Biden Administration, over 1.5 million noncitizens arrived in the United States through an under-studied immigration power known as “parole.” On his first day back in office, President Trump signed multiple executive...
Aug 1, 2026 | Volume 77, Issue 5
Paul H. Robinson Volume 77, Issue 5, 1393-1406 How would some of the bad actors of the past—such as Betty Davis’s stalker, Alexander Ross—be dealt with today? How would some of the well-known characters of recent times—John Hinckley, or Tina Turner’s manager and...
Aug 1, 2026 | Volume 77, Issue 5
Sevan Nahabedian Volume 77, Issue 5, 1407-1438 As the climate crisis worsens, climate engineering—a previously disfavored tool—appears more attractive. Stratospheric aerosol injection (“SAI”), the most promising climate engineering technique, mimics the cooling effect...
Aug 1, 2026 | Volume 77, Issue 5
Abby Pownall Volume 77, Issue 5, 1439-1466 Rapid advancements in artificial intelligence (AI) pose an emerging crisis for the spread of political misinformation. Generative AI, capable of producing hyper-realistic deepfakes, synthetic audio, and fabricated video,...
