The Elected Judge

By Matthew D. Kim. This Article explores whether elected judges' fear of electoral backlash for countermajoritarian decisions is justified. The results from survey experiments and a dataset of online and social media coverage suggest that voters value principled legal analysis and…
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The Virtues of Optional Legislation

By Jacob Bronsther & Guha Krishnamurthi. In this Article, the authors continue their work on a new solution to legislative dysfunction in Washington: optional legislation. Imagine that states could opt in to a new federal program—say, Universal Basic Income or Medicare…
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Navigating the Frontiers of MedTech

By Benjamin Sundholm. In general terms, artificial intelligence can be defined as a constellation of capabilities and technologies enabling a computer system to accomplish tasks that ordinarily require the application of human intelligence. This technology has been used in medical care…
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Election Lies

By Amanda Shanor. No lie has captured recent national attention as dramatically as the “Big Lie”—the false allegation that the 2020 election was stolen from then-President Trump. That lie fueled the storming of the U.S. Capitol on January 6, 2021, and…
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Generative Contracts

By Spencer Williams.  Consider a hypothetical consumer-to-consumer contract: Alice wants to sell her car to Bob. Alice and Bob are not lawyers, nor do either of them have any prior experience buying or selling used cars. Having agreed on a…
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The Prisoner Swap Dilemma

By Ryan T. Williams. U.S. Presidents face significant political and social pressures to bring home Americans unjustly detained in foreign countries, as illustrated by the exchange of Viktor Bout, “the Merchant of Death,” for Brittney Griner. Griner was the first U.S.…
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