The Case for Downsizing the Corporate Attorney-Client Privilege
Elise Bernlohr Maizel Volume 75, Issue 2, 373-411 Privilege is a choice. In crafting evidentiary privileges, courts and policymakers have fashioned a rule that concedes that some things are more important than getting to the truth. Indeed, our entire law of privilege...
BORN TO EQUALITY: Minor Children, Equal Protection, and State Laws Targeting LGBTQ+ Youth
Nicholas Serafin Volume 75, Issue 2, 411-470 States throughout the country are targeting LGBTQ+ youth, singling out transgender youth in particular. Part I of this Article provides an overview of laws targeting LGBTQ+ youth, and argues that many of these laws express...
Trickle-Down Compliance: How Codifying the Mandatory Presidential Audit Can Improve Tax Morale and Tax Compliance
Emma Braden Volume 75, Issue 2, 471-504 A functioning government requires tax revenue, and democratic legitimacy requires a nation’s leaders be subject to the same laws as its citizens. The president’s tax behavior is an opportunity to address both needs. With a...
I Spy with My Many Eyes: The Government’s Unbridled Use of Your Surveillance Cameras
Brian A. Weikel Volume 75, Issue 2, 505-554 Surveillance cameras are increasingly used by the public and law enforcement to prevent and prosecute criminal activity. Individuals and companies can grant law enforcement access to private cameras for both live monitoring...
Proving Actionable Racial Disparity Under the California Racial Justice Act
Colleen V. Chien, W. David Ball, and William A. Sundstrom Volume 75, Issue 1, 1-66 Racial disparity is a fact of the United States criminal justice system, but under the Supreme Court’s holding in McCleskey v. Kemp, racial disparities—even sizable, statistically...
Pricing Corporate Governance
Albert H. Choi Volume 75, Issue 1, 67-114 Scholars and practitioners have long theorized that by penalizing firms with unattractive governance features, the stock market incentivizes firms to adopt the optimal governance structure at their initial public offerings...
Restraining ChatGPT
Roee Sarel Volume 75, Issue 1, 115-174 ChatGPT is a prominent example of how Artificial Intelligence (AI) has stormed into our lives. Within a matter of weeks, this new AI—which produces coherent and humanlike textual answers to questions—managed to become an object...
Comparing Reasons for Hate Crime Reporting Using Racialized Legal Status
Pamela Ho Volume 75, Issue 1, 175-198 In the past decade, Latinxs and Asians in the United States have experienced an increase in hate crime victimization. Previous research has identified correlations between hate crime reporting and race. However, few statistical...
Public Enforcement and Disability Law: A United States-South Korea Comparison
Joonghan (Joseph) Jo Volume 75, Issue 1, 199-232 The Americans with Disabilities Act (ADA) was enacted with the hope that it would solve issues regarding discrimination against the disabled. However, the outcome fell short of its aspirations. Many people with...
“It’s Like I’ve Got This Music in My Mind”: Protecting Human Authorship in the Age of Generative Artificial Intelligence
Justine Magowan Volume 75, Issue 1, 233-260 The music industry stands on the brink of a crisis. With unpredictable judicial standards that are inconsistent across the country, plaintiffs seeking to protect their musical works against copyright infringement face a...