By Richard S. Saver. Full Text. Physicians have played a surprisingly prominent role in the current “infodemic” of false and misleading medical claims. Yet, state medical boards, the governmental agencies responsible for professional licensure and oversight, have sanctioned remarkably few physicians. Pushing back against the widespread criticism of medical boards for insufficient action, this Article…

By Boris Babic and I. Glenn Cohen. Full Text. Explainability in artificial intelligence and machine learning (AI/ML) is emerging as a leading area of academic research and a topic of significant regulatory concern. Increasingly, academics, governments, and civil society groups are moving toward a consensus that AI/ML must be explainable. In this Article, we challenge…

By Emily Gold Waldman. Full Text. Extracurricular activities have been the battleground for a striking number of Supreme Court cases set at public schools, from cases involving speech to religion to drug testing. Indeed, the two most recent Supreme Court cases involving constitutional rights at public schools—Kennedy v. Bremerton School District (2022) and Mahanoy Area…

By Christopher R. Leslie. Full Text. Roughly seventy million Americans cannot access a bank account or traditional financial services. Many of these individuals live in a “banking desert”—a town or community that has neither an independent bank nor a branch office of a larger bank. The United States has over 1,100 banking deserts, with another…

By Alan Z. Rozenshtein. Full Text. As currently conceived, executive power law and scholarship detach the identity of the President from the powers and duties of the presidency. Whether an official was properly dismissed without cause, whether a pardon was validly issued, whether a foreign policy debacle rose to the level of an impeachable offense—the…

By David T. Zaring and Jeffery Y. Zhang. Full Text. Solutions to systemic problems such as climate change and racial inequities have eluded policymakers for decades. In searching for creative solutions, some policymakers have recently thought about expanding the Federal Reserve’s core set of macro-economic mandates to tackle these issues. But there are real questions…

Sara C. Bronin and Leslie R. Irwin. Full Text. America’s local historic commissions collectively wield tremendous influence over millions of privately-owned parcels of land. By reviewing rehab proposals, blocking demolitions, and mandating property maintenance, these commissions have helped to protect many of America’s most beloved neighborhoods. They fill a vacuum left by federal and state…

By Karen C. Sokol. Full Text. Climate-driven geophysical and geopolitical shifts are putting increasing pressure on international law and global governance. One window into the challenges and opportunities presented by these ongoing disruptions is provided by a surge of “climate-accountability” cases, which argue that governments and corporations are responsible for addressing climate risks or repairing…

By Peter Lee. Full Text. International technology transfer plays a critical role in advancing economic and social welfare around the world. Conventional wisdom holds that strong intellectual property rights—primarily patents—promote the transfer of technologies between countries. An important counternarrative, however, contends that weakening patents promotes important forms of technology transfer. This Article challenges the centrality…

By Nancy Leong. Full Text. Appendix. Suppose that a municipality hires a police officer, teacher, corrections officer, or other official with an extensive record of past misconduct—someone the municipality should have known better than to hire. When such an employee causes a violation of constitutional rights, the injured party often brings a civil rights suit…