Volume 76

Jules Lobel Volume 76, Issue 6, 1573-1596 A recent challenge to the Biden Administration’s military aid to Israel as aiding genocide presents an important question of the role of U.S. courts in adjudicating claims that top U.S. officials, in their execution of U.S...

Zachary E. Shapiro et al. Volume 76, Issue 6, 1597-1658 Brain injuries often result in varying degrees of impairment to communication and cognitive processes, impeding an individual’s ability to engage in daily activities, participate in social interactions, and...

Evelyn Mary Aswad Volume 76, Issue 6, 1659-1686 With large and powerful social media companies operating as worldwide speech regulators, it is unsurprising that governments have attempted to not only regulate how these companies address platform speech but also...

Brittan Heller Volume 76, Issue 6, 1687-1714 Extended reality (XR)—the integration of virtual, augmented, and mixed reality technologies—creates immersive, embodied, and behaviorally integrated forms of communication that challenge traditional understandings of...

Tiffany C. Li Volume 76, Issue 6, 1715-1740 All three branches of the federal government have wrestled with how the law could or should regulate social media applications to mitigate the harms of disinformation. However, most proposed solutions make the same critical...

Chris Kenefick Volume 76, Issue 6, 1741-1768 Rap music has earned its prominent place in American music culture. It provides a unique creative outlet for artists to share their experiences and criticize the systems in which they live. Rap lyrics, often metaphorical or...

Breanna Li Volume 76, Issue 6, 1769-1808 Executive Order 14105 “Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern” was enacted to protect U.S. national security interests in light of China’s military...

Mackenzie Paskerian Volume 76, Issue 6, 1809-1844 California is currently facing an insurance crisis. The increased impact of climate change, including extreme droughts and wildfires, poses new risks to the insurance industry, especially when it comes to homeowner’s...

Grace Y. Li Volume 76, Issue 5, 1307-1372 A new, previously unstudied institution is addressing felonies, including violent felonies of the highest levels, without imposing incarceration as the sanction. Attempts to abolish prisons, or at least reduce racialized mass...

Rebecca N. Morrow Volume 76, Issue 5, 1373-1428 I confess. As a tax professor, it has long hurt my feelings that economists label tax as a market distortion. My field is summed up as an impurity on the otherwise pristine complexion of the economist’s pure market. I...

Sergio Alberto Gramitto Ricci Volume 76, Issue 5, 1429-1458 Artwork is unique and irreplaceable. It is signifier and signified. The signified of a work of art is its coherent purpose. But the signified of a work of art can be altered when not protected. The...

David Takacs Volume 76, Issue 5, 1459-1516 In the United States, Australia, New Zealand, and elsewhere, people kill sentient creatures—by the millions every year—in the crusade to conserve biodiversity. I explain how laws permit, and in some instances require, killing...

L.A. Paul & Cass R. Sunstein Volume 76, Issue 5, 1517-1538 One way to evaluate various legal interventions in people’s lives is to ask whether they make choosers better off by their own lights, or “as judged by themselves.” This criterion can be understood to...

Kathryn Binder Volume 76, Issue 5, 1539-1572 With the growing prevalence of artificial intelligence (AI) in various aspects of our lives, it is not surprising that it has become a subject of legal disputes and controversy. In 2023, an individual filed the first...

John Yoo Volume 76, Issue 4, 1227-1270 Scholars have engaged in a sharp argument over whether the judiciary should follow the original understanding in interpreting the Constitution. Recent criticism has argued that originalism fails because it does not advance a...

Imahn Milani Daeenabi Volume 76, Issue 4, 1271-1306 Corporate laws in the United States require corporations to be governed by a board of directors consisting of humans—otherwise known as the natural person requirement. Mandating governance by individual persons...

Allison M. Freedman Volume 76, Issue 4, 975-1024 In January 2023, the White House released a Blueprint for a Renters Bill of Rights. The Blueprint called for immediate sealing of eviction case filings to reduce the likelihood that tenants would be locked out of future...

Jennifer Gordon Volume 76, Issue 4, 1025-1096 Forced labor is rampant across global supply chains. Addressing it at individual sites of production results in a game of whack-a-mole. An effective response must target the structural drivers of the problem: the large...

Ryan P. Knox Volume 76, Issue 4, 1097-1154 Over the last decade, many states have passed laws seeking to restrict or ban certain medications approved by the United States Food and Drug Administration (FDA). One of the most recent examples: gender-affirming care...

Thomas A. Lambert Volume 76, Issue 4, 1155-1226 Judicial embrace of the consumer welfare standard reduced the indeterminacy and political manipulability of U.S. antitrust law. Continual invocations of antitrust’s consumer welfare focus, however, have created the...

Jiaying Jiang Volume 76, Issue 3, 629-678 Many have voiced concerns that the digital dollar, a digital form of central bank money, will facilitate government surveillance, thus depriving users of privacy. This Article investigates critical technical designs proposed...

Peter Sie Volume 76, Issue 3, 679-750 Epigenetics is an emerging science that studies how our behavior and environment can change the function of our genes without changing our genetic code. These changes can pass on to our children and grandchildren, for better or...

Shannon Weeks McCormack Volume 76, Issue 3, 751-820 Other developed nations provide a slew of direct benefits to parents, such as paid parental leave and affordable childcare. America instead takes a circuitous route, heavily relying on the Internal Revenue Code (the...

Ramsi A. Woodcock Volume 76, Issue 3, 821-884 Surge pricing—using data and algorithms to raise prices in response to unexpected increases in demand—has spread across the economy in recent years, from Amazon and Disney World to commuter highways and, of course, Uber,...

Gillian Katz Lamon Volume 76, Issue 3, 885-946 Over the last 50 years, federal child welfare legislation has wrestled with how to reconcile the competing goals of the child welfare system: child protection, family preservation, and permanency. The United States foster...

Andrea Olofson Chen Volume 76, Issue 3, 947-974 Excessive director compensation erodes the independence that directors are supposed to bring to boardrooms. In theory, directors are meant to serve as objective parties, overseeing corporations using their care, skill,...

Peter Carstensen & Darren Bush Volume 76, Issue 2, 305-352 This article addresses the colossal problem of remedy in antitrust and regulatory cases combatting monopoly “bottlenecks.” A bottleneck monopoly lies somewhere along the chain of production and...

Adam J. Hirsch Volume 76, Issue 2, 353-408 When an individual dies without leaving a will, the law of intestacy functions to distribute the decedent’s estate to a surviving spouse and/or close blood relatives. Yet, this default regime fails to account for the...

Sven Riethmueller Volume 76, Issue 2, 409-510 This article examines the pervasive practice by pre-IPO firms of granting stock options as compensation while preparing to go public. These last-minute option grants, which are typically not contingent upon initial public...

Matthew A. Shapiro Volume 76, Issue 2, 511-560 As persistent threats to the integrity of some of our most important public institutions remind us, every public institution faces the challenge of combating the abuse of its powers for ends inconsistent with the public...

Andrew H. Jacobs Volume 76, Issue 2, 561-588 California’s electricity system has faced unprecedented challenges in recent years. Extreme heat, wildfires, and additional severe weather events stressed the system to a breaking point. The state’s electric grid operator...

Zoë MacDonald Volume 76, Issue 2, 589-628 Children’s use of social media has been linked to an overwhelming number of adverse effects on their mental health, privacy, and well-being. There is a general consensus among parents, researchers, and lawmakers that...

Richard Young Volume 76, Issue 1, 275-304 This Note investigates the evolving regulatory landscape following the 2023 SEC amendments regarding beneficial ownership reporting. It begins by analyzing the rise of hedge fund activism and its influence on corporate...

Ramon Feldbrin Volume 76, Issue 1, 1-46   Judicial review has distinct purposes, difficulties, and modalities, but there are no guideposts as to how these features ought to be addressed in procedural terms. The reason is a deep-seated, but largely unarticulated,...

Robin Feldman Volume 76, Issue 1, 47-114   Our implicit image of progress and the standards we use to calibrate human contribution to progress are quietly at risk from the onslaught of artificial intelligence (AI). AI has the potential to significantly shrink the...

Mark A. Lemley Volume 76, Issue 1, 115-160 The free market works because no one person or company is making the decisions. In a competitive market, businesspeople make the wrong decisions all the time, just as central planners do. But the consequences of those...

Robert P. Merges Volume 76, Issue 1, 161-242   Private law governs interactions among private parties. A large body of private law theory holds that private law is aimed at corrective justice: doing justice as between the two parties to a private interaction (the...

Kirk Rider Volume 76, Issue 1, 243-274 The “Texas Two-Step” is a novel means of forcing a settlement agreement on mass-tort claimants. Corporations utilize the Two-Step bankruptcy strategy using a state law merger statute to split itself in two. One half of the...