Note: The Shoe Doesn’t Fit: General Jurisdiction Should Follow Corporate Structure
By Seungwon Chung. Full text here. Increasingly, corporations are moving away from a centralized corporate structure toward decentralization and fragmentation of corporate functions. At the same time, the corporate general jurisdiction doctrine functions anachronistically—assuming that corporations exist solely as centralized structures. The Supreme Court’s recent decision in Daimler AG v. Bauman reflects this assumption. By drawing…
Continue ReadingThe Secret History of the Bluebook
By Fred R. Shapiro & Julie Graves Krishnaswami. Full text here. The Bluebook, or A Uniform System of Citation as it was formerly titled, has long been a significant component of American legal culture. The standard account of the origins of the Bluebook, deriving directly from statements made by longtime Harvard Law School Dean and…
Continue ReadingRethinking Technology Neutrality
By Brad A. Greenberg. Full text here. Technology progresses at an increasingly rapid rate; Congressional action does not. How then should laws be drafted to keep pace with changes to the world they regulate? Scholars and legislators have overwhelmingly answered that laws should anticipate unexpected technologies through ex ante statutory inclusion. “Technology neutrality,” as this principle…
Continue ReadingRegulating Financial Change: A Functional Approach
By Steven L. Schwarcz. Full text here. How should we think about regulating our dynamically changing financial system? Existing regulatory approaches have two temporal flaws. The obvious flaw, driven by politics and human nature (and addressed in other writings), is that financial regulation is overly reactive to past crises. This article addresses a less obvious but…
Continue ReadingFinancial Weapons of War
By Tom C.W. Lin. Full text here. A new type of warfare is upon us. In this new mode of war, finance is the most powerful weapon, bullets dare not fire, financial institutions are the targets, and almost everyone is at risk. Instead of smart bombs, improvised explosives, and unmanned drones––economic sanctions, financial restrictions, and cyber…
Continue ReadingAntitrust and the Robo-Seller: Competition in the Time of Algorithms
By Salil K. Mehra. Full text here. Increasingly firms are knitting together newly available mass-data collection, Internet-driven interconnective power, and automated algorithmic selling with their traditional supply chain and sales functions. Traditional sales functions such as competitive intelligence gathering and pricing are being delegated to software “robo-sellers.” This Article offers the first descriptive and normative study of…
Continue ReadingRegulating Employment-Based Anything
By Brendan S. Maher. Full text here. Benefit regulation has been called “the most consequential subject to which no one pays enough attention.” It exhausts judges, intimidates legislators, and scares off theorists. That need not be so. The reality is less complicated than advertised. Governments often consider intervention if markets fail to make some socially desirable…
Continue ReadingNote: Hard Choices: Where To Draw the Line on Limiting Selection in the Selective Reduction of Multifetal Pregnancies
By Mary A. Scott. Full text here. In the last few years, a growing number of states have enacted or proposed laws that limit a woman’s right to have an abortion when her reasons for seeking the abortion are based on a specific characteristic of the fetus, most notably sex or the presence of a genetic…
Continue ReadingNote: Incorporating Cost into the Return of Incidental Findings Calculus: Defining a Responsible Default for Genetics and Genomics Researchers
By Emily Scholtes. Full text here. The debate over returning incidental findings has been a hot topic in medical and legal circles for many years and is described as “one of the thorniest current challenges.” Currently, no federal or state laws regulate the disclosure of these findings. Although many agree that ethical duties arise in returning…
Continue ReadingNote: Haute off the Press: Refashioning Copyright Law To Protect American Fashion Designs from the Economic Threat of 3D Printing
By Anna M. Luczkow. Full text here. Though invented in the early 1980s, three-dimensional (3D) printing recently became a topic of discussion when advancements in the field revealed the technology’s ability to transform industries and revolutionize consumer capabilities. In the past few years, society witnessed everything from 3D-printed prosthetic limbs to children’s toys. While many scholars…
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