Volume 112
The OnlyFans Economy: Intellectual Property’s Pivot from Scarcity to Authenticity
Generative AI is destabilizing the foundational assumption of intellectual property law: that creation is difficult, is expensive, and requires legal inducement. When machines produce text, images, and code at near-zero marginal cost, the …
By Vincent Joralemon
Volume 112 / Issue 4
Confessions Without Consequence: The Case for Attorney General Deference
The Supreme Court’s recent decisions in Glossip v. Oklahoma and Escobar v. Texas have surfaced an understudied and increasingly consequential phenomenon in American criminal law: the prosecutorial confession of error. Anglo-American courts have …
By Alexander Wilfert
Volume 112 / Issue 4
AI Rights for Human Safety
Artificial Intelligence (“AI”) companies are racing to create Artificial General Intelligence, or “AGI.” If they succeed, the result will be human-level AI systems that can independently pursue high-level goals by formulating and executing long-term …
By Peter N. Salib and Simon Goldstein
Volume 112 / Issue 4
Abolish Conspiracy
Criminal conspiracy seems as American as apple pie. Every state criminalizes conspiracy, and there are dozens of federal conspiracy statutes. The crime of conspiracy is the darling of prosecutors across the political spectrum. It has been wielded …
By Evan D. Bernick
Volume 112 / Issue 4
Tradition and Feminism in Constitutional Rights Adjudication
In recent years, “tradition” has been influentially invoked in constitutional rights adjudication and legal scholarship. The Supreme Court, in contexts ranging from abortion to the Second Amendment to freedom of speech, has looked to tradition to …
By Rachel Bayefsky