Category: Volume 53 (2021) Issue 4 (Winter)

Felix Mormann & Milica Mormann  Capital markets are cast as both villain and hero in the climate playbill. The trillions of dollars required to combat climate change leave ample room for heroics from the financial sector. For the time being,…

Joseph Avery  In 2018, an autonomous Uber vehicle hit and killed a pedestrian. Although  autonomous, the vehicle was not driverless: the onboard artificial intelligence (AI) had handed off control to a safety driver at the last second. “Handed off”—a just-launched…

Alanna Ostby Since 1791, the Constitution of the United States has guarded the rights of the criminal defendant. Those rights include the right to an attorney, the right to a speedy trial, the right to confront witnesses against him—and the…

Gideon Cionelo Maria stood outside her apartment, where she lived with her three youngchildren, scanning the packet of papers just handed to her by the process server. Although each page was littered with words and phrases she did not understand,…

Kole Lyons Consider the stories of two bakers: Bryan, a small business owner, who has developed his affinity for baking into a livelihood, and Jim, an employee working in his local grocery store’s bakery department. . . . Full Article.

Shayna Frieden On March 13, 2020, just after midnight, three plain-clothed officers broke down Breonna Taylor’s door with a battering ram to execute a search warrant. Breonna Taylor was in bed with her boyfriend, Kenneth Walker. Believing someone had broken…

John M. Yun App stores have become the subject of controversy and criticism within antitrust. For instance, app developers such as Spotify and Epic Games (creator of Fortnite) allege that Apple’s 30% cut of all sales in the App Store…

Felipe Jiménez This Article offers a theoretical framework for thinking about contract remedies. The argument starts from the distinction between rights and remedies in contract law. The distinction is consistent with the doctrinal structure of contract law in Western legal…

Derek E. Bambauer & Michael Risch The rise of algorithm-driven decision making enabled by Big Data has generated widespread concern among legal scholars. However, few critics have considered data on people’s existing preferences about the role of algorithms in decision systems.…