By Emily Berman. Full text here. According to both courts and commentators, the Fourth Amendment regulates the government’s collection of data, but not its use. That is to say, once data is lawfully in the government’s possession, the Constitution places no limits on how it is employed. I argue that we should reject this conventional wisdom…

By Barry C. Feld. Full text here. During the 1980s and ’90s, state lawmakers shifted juvenile justice policies from a nominally offender-oriented rehabilitative system toward a more punitive and criminalized justice system. Punitive pretrial detention and delinquency dispositions had a disproportionate impact on minority youths. Notwithstanding the past two decades’ drop in serious youth crime and…

By Ellie Bastian. Full text here. Natural gas is heralded by the political right as a path to energy independence; it is heralded on the left as a bridge to cleaner energy. Fracking, a commonplace method for natural gas extraction, is not going away any time soon. Along with the boon of natural gas come potential…

By Jim Rossi. Full text here. This Article argues that carbon taxation by regulation has begun to flourish as a way of financing carbon reduction, even as a full national carbon tax remains politically elusive. For more than a century, energy rate setting has been used to promote public good and redistributive goals, akin to general…

By Jay P. Kesan & Carol M. Hayes. Full text here. Cybersecurity is an increasingly important element of infrastructure and commerce. Courts are starting to shape the doctrine of third-party liability for cyberattacks and data breaches. For businesses that rely on computers and the Internet, these developments affect their bottom line. There is a lot of…

By Osamudia R. James. Full text here. Popular engagement with black racial identity is steadily increasing. From the protest slogan “Black Lives Matter,” to the visibility of black racial identity on number-one-debuting visual albums like Lemonade, blackness is increasingly visible in mainstream American culture. At the same time, “Black Lives Matter” gave way to “All Lives…

By Brandon L. Garrett. Full text here. The concept of reasonableness pervades constitutional doctrine. The concept has long served to structure common law doctrines from negligence to criminal law, but its rise in constitutional law is more recent and diverse. This Article aims to unpack surprisingly different formulations of what the term reasonable means in constitutional…

By Jill E. Fisch. Full text here. Despite the increasing importance of shareholder voting, regulators have paid little attention to the rights of retail investors who own approximately thirty percent of publicly traded companies but who vote less than thirty percent of their shares. A substantial factor contributing to this low turnout is the antiquated mechanism…

By Toni M. Massaro, Helen Norton, & Margot E. Kaminski. Full text here. The First Amendment may protect speech by strong Artificial Intelligence (AI). In this Article, we support this provocative claim by expanding on earlier work, addressing significant concerns and challenges, and suggesting potential paths forward. This is not a claim about the state of…

By Aziz Z. Huq. Full text here. Beginning in the 1990s, police departments in major American cities started aggressively deploying pedestrian stops and frisks in response to escalating violent crime rates. Today, high-volume use of “stop, question, and frisk” (SQF) is an acute point of friction between urban police and minority residents. In numerous cities, recent…