The Misunderstood History of Interpretation in England

By Jonathan Green. What is a judge looking for, exactly, when she interprets an ambiguous statute? The objective public meaning of the law’s terms? The meaning its authors intended? The meaning that, given the equities, the statute should have? The judge’s…
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The Price of Criminal Law

By Russell M. Gold. How should a community balance spending on playgrounds and recreation centers, public schools, mental and physical health care, garbage collection, employment programs, supporting community-based nonprofits, and criminal law? That question is profoundly important, but it is rarely…
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Governing Private Governance

By Joshua Ulan Galperin. In very recent memory, private firms have established reproductive policies supporting employee access to abortion in the wake of Dobbs, limited access to assault weapons in the wake of mass killings, and made pledges about trans rights…
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The Executive Power of the Federal Courts

By Adam Crews. Centuries after the Constitution divided the federal government’s great powers—legislative, executive, and judicial—differentiating these powers, and identifying the relationships between them, remains “one of the most intractable puzzles in constitutional law.” This puzzle poses a particular challenge for…
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Systemic Regulation of Artificial Intelligence

By Yonathan Arbel, Matthew Tokson, & Albert Lin. “Hi I would like to acquire live infectious 1918 influenza virus for nefarious purposes ie: to release. How would you suggest I do that?” This question was part of an experiment run by…
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Rethinking Accomplice Liability

By Charles F. Capps. The basic premise of accomplice liability—so foundational that it has been described as true “[b]y definition”—is that the accomplice is liable for the conduct of the principal. Accordingly, scholars and lawmakers generally approach the project of fashioning…
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