An International Framework for Marriage Promotion

By Jessica Tueller. This article presents a framework, distilled from human rights law, for assessing whether States’ efforts to increase their marriage rates are in keeping with their international obligations. The framework underlines States’ obligations to work simultaneously to make it…
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Gubernatorial Emergency Powers

By Gregory Schwab. After COVID-19, legislatures in numerous states stripped their governors of emergency powers that had evolved over generations. This Article argues that the post-pandemic reforms are predominantly structural disablements—measures that paralyze the executive's capacity to respond to crisis—rather than…
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Activist Judicial Restraints

By Michael Gentithes. This Article analyzes the Supreme Court’s use of justiciability doctrines as judicial restraints both empirically and theoretically. It demonstrates that such restraints are often used in an activist way to preserve a (typically conservative) status quo. The Article…
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Aligned Structuring of AI Startups

By Gad Weiss.  In late 2024, OpenAI announced plans to overhaul its unusual “capped-profit” structure. The changes would have affected the governance features that had distinguished the market-leading AI startup from Silicon Valley’s common practice: notably, being completely controlled by…
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Copyright Disincentives

Thomas D. Haley. Inadvertent similarities between musical works sometimes lead to costly litigation and costlier awards of damages. This Article theorizes the conditions under which that reality might impact creative practices in order to explore the social costs and benefits of…
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