About the Journal
Established in 1969 and originally published under the title Law and the Social Order, the Arizona State Law Journal is a nationally recognized legal periodical that serves as the primary scholarly publication of the Sandra Day O’Connor College of Law at Arizona State University.
Current Print Issue
Published in Volume 57, Issue 4, Winter 2025
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 its nonprofit parent entity, and placing caps on investor and employee returns. Together with its […]
Whodunit? Nobody Knows: A Critical Analysis of AI Liability Schemes
By Stephen Pearson. With the rapid expansion in the capability and popularity of Artificial Intelligence (“AI”) over the last few years, societial rules regarding it are lagging. Specifically, what exactly happens when AI does something “wrong”? Who should be to blame? How should the answer to that question be informed by the knowledge of what […]
Beyond the False Dichotomy: Regulating AI Safety, Ethics, and Innovation
Maarten Herbosch. AI regulation is often presented as requiring a trade-off between innovation and safety. This Article shows that dichotomy is misleading. Examining both the EU AI Act and proposed U.S. regulatory initiatives, it argues that neither sweeping value-based regulation nor regulatory abstention adequately protects relevant legal interests or supports innovation. Instead, it advances a […]
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 remedies for copyright infringement. By showing the limited circumstances in which these disputes arise, […]
The Invisible Ripple Effect
By Eldar Haber. This Article introduces the concept of the “Invisible Ripple Effect,” a systemic risk emerging from the widespread professional use of generative AI. As AI-generated content enters legal, academic, and policy systems, fabricated citations and other subtle errors can propagate through expert knowledge infrastructures, gradually transforming false information into institutional authority. The Article […]
The New Art Forgers
By Katrina Geddes. Today, almost anyone can create a “new” work in the style of a popular artist by prompting a generative AI model. The mimetic capabilities of generative AI are making it harder for artists to control their personal brands and for consumers to locate authentic works. This Article provides a novel taxonomy of […]
SLAPPed into Silence: A Call for Federal Protection in Response to “Cancel Culture”
By Courtney Czochara. SLAPPs are frivolous lawsuits that pose a threat to important public discourse as they seek to punish individuals for exercising their right to free speech. Given the rise of social activism and public discourse on social media, the need for federal anti-SLAPP protection has intensified. This Comment proposes an appropriate scope for […]
Skin in the Game: The Dangers Cosmetic Loot Boxes Pose Towards Minors and Their Violations of Gambling and Unfair Competition Laws
By Gabriella Curatola. Many people of all ages play video games today, especially children. With this comes the growing issue of gambling within those games in the form of loot boxes. This article analyzes the law behind loot boxes and proposes a solution to protect children from harmful gambling behaviors. Full Article.
Hardwiring Hercules?
By Courtney M. Cox. This Article seeks to reorient the debate over the right to a human decision. To machine proponents, it offers a new reason to be skeptical of Arguments from Explanation in favor of human decisionmakers. And to humanist objectors, it offers a new reason to be skeptical of Better Decision Arguments in […]
From Privacy to the Data Economy: The FTC’s Reframing of Its Regulatory Priorities
By María P. Angel. This Article argues that the Federal Trade Commission’s turn to “commercial surveillance” reflects a strategic shift away from traditional privacy frameworks toward addressing structural power dynamics in the data economy. Drawing on an analysis of 112 FTC documents, it identifies three core commitments: tackling systemic harms, adopting a political economy lens, and […]
Recent Blog Posts
The Arizona State Law Journal Blog’s articles do not constitute legal advice. The Blog’s articles focus on timely legal information that may, but does not necessarily, represent the authors’ personal views. The Blog’s articles do not necessarily reflect the views of the Arizona State Law Journal or the Sandra Day O’Connor College of Law.
