- Second-Class Administrative Law: Lincoln v. Vigil’s Puzzling Presumption of Unreviewability
by Matthew B. Lawrence
Administrative law ordinarily presumes that someone hurt by “arbitrary and capricious” agency action may seek relief in federal court unless Congress says otherwise. Administrative law does the opposite, however, when the harmful agency action happens to be one “allocating a lump-sum appropriation” (whatever that means). When it comes to spending programs that courts deem to fit in this ill-defined category, …
- Do the Securities Laws Actually Protect Investors (And How)? Lessons from SPACs
by Patrick M. Corrigan
Some have criticized mandatory securities regulation based on the claim that market competition alone adequately constrains exploitation of public investors in securities offerings. Other scholars support a mandatory regime. To date, empirical studies have been unable to resolve whether the securities laws actually provide meaningful protection to investors.
This Article identifies transactional innovation in public offering markets as a case …
- Algorithmic Black Swans
by Noam Kolt
From biased lending algorithms to chatbots that spew violent hate speech, AI systems already pose many risks to society. While policymakers have a responsibility to tackle pressing issues of algorithmic fairness, privacy, and accountability, they also have a responsibility to consider broader, longer-term risks from AI technologies. In public health, climate science, and financial markets, anticipating and addressing societal-scale risks …
- Estimating a Face: What Predicting Appearance from DNA Reveals About the Need to Regulate Genetic Investigations
by Allison Durkin
Reliance on flawed forensic disciplines has placed innocent people in prison with alarming frequency. In the past thirty years, forensic science has contributed to half of all the wrongful convictions that the Innocence Project has exposed, and one-quarter of all known wrongful convictions in the United States. One of the few forensic disciplines not developed for courtrooms but for life …
- The Consent of the Governed: Resistance as Constituent Power
by Leigha Crout
The legal status of resistance to tyranny as a universal human right has received little attention in recent years. Following the conclusion of World War II and the de-escalation of Cold War hostilities, it seemed to many that liberal democracies had won; a global wave of democratization saw more states adopting constitutions with provisions for judicial independence, the separation of …
- The Law of Vibes: Much Ado About Preliminary Injunctions
by Jacob Cogdill
Federal courts are in the midst of a crisis of legitimacy. Faith in the judiciary has plunged to historically low levels, leading the Biden administration to form the Presidential Commission on the Supreme Court for the explicit purpose of considering various court reforms. Though the Commission’s recommendations proved meek, the view that Justices and judges are little more than “politicians …
- Fairness for All? The Implications of Adopting a Third-Gender Category in Elite Sports
by Emily Fox
On March 18, 2022, the NCAA Women’s Division I Swimming and Diving Championships garnered national attention for more than just the record-breaking swims. The second day of competition saw Lia Thomas, the first known openly transgender athlete to compete at the NCAA Championships, beat out a field of Olympians in the 500 yard freestyle. Even though Thomas competed in accordance …
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