Category: Volume 58 (2026) Issue 1 (Spring)

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…

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?…

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…

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…

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…

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…

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…

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…

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…

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,…