Category: 2024

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…

By Alexandra Fay. In 1789, the people of thirteen young American states defined a new sovereign. By ratifying the Constitution, the citizens of the states formed a national government to reign supreme over the United States of America. The two preexisting…

By David B. Froomkin & Eric Eisner.The Fourteenth Amendment is a gift that keeps on giving. In the aftermath of the January 6, 2021 attack on the U.S. Capitol, scholars were quick to observe that Section 3 of the Fourteenth…

By Katharine Greer. Chrystul Kizer entered Gary, Indiana’s junior high performing arts academy with a dream of becoming a violinist.  She practiced all hours of the day trying to master music by composers like Beethoven. She was a “burgeoning artist” and…

By William Harren. The relationship between natural law and positive law represents one of the oldest unresolved questions in American jurisprudence. When Thomas Jefferson wrote, “[w]e hold these truths to be self-evident, that all men are created equal,” he invoked natural…

By Hadar Y. Jabotinsky & Roee Sarel. Artificial Intelligence (“AI”) is rapidly advancing, particularly in the area of generative AI—a technology capable of producing new and rich content in response to human prompts. Generative AI systems have been causing quite a…

By Heidi H. Liu. Recent legislation and caselaw have imposed an affirmative obligation on employers to provide employees with workplace accommodations. Whether someone receives an accommodation, however, often first depends on whether they ask. And asking for accommodations can be fraught.…

By Lucy Williams.In 2014, a nonprofit group called Students for Fair Admissions (“SFFA”) filed two lawsuits challenging the use of race in university admissions. In one suit, against Harvard College, SFFA alleged that Harvard’s admission policies violate Title VI of…

By Andrea Olson.It is an open secret that equity has an Erie problem. In 1945, the Supreme Court insisted that federal courts sitting in diversity must apply certain general equitable principles when faced with suits seeking equitable relief, even for…