The Unconscionably Short Warranty
Marie T. Reilly 93 Geo. Wash. L. Rev. 105 A typical consumer product warranty covers products for defects that appear before the warranty period expires. If the manufacturer warrants a vehicle for five years or 60,000 miles, whichever occurs first, problems that require repairs after the warranty period expires are outside the warranty and, therefore,... Read More
The Scope of the Prior Art
John R. Thomas 93 Geo. Wash. L. Rev. 54 The courts and the U.S. Patent and Trademark Office (“USPTO”) assess whether an invention may be patented by comparing it to the state of the art, which the patent community terms the “prior art.” Heavily influenced by Oliver Wendell Holmes Jr. and Learned Hand, and more... Read More
Abortion Ally or Abettor: Accomplice and Conspiracy Liability After Dobbs
The bristle of state laws criminalizing abortion after Dobbs v. Jackson Women’s Health Organization raises important questions about accomplice and conspiracy liability for helping people pursue reproductive freedoms out of state. This Article is the first to ground defenses to liability for helping people pursue reproductive and gender freedoms after Dobbs in anti-totalitarian theory and in light of how courts have curbed the criminalization of compassion to migrants.
Artificial Authorship and Judicial Opinions
Richard M. Re 92 Geo. Wash. L. Rev. 1558 Generative Artificial Intelligence (“AI”) is already beginning to alter legal practice. If optimistic forecasts prove warranted, how might this technology transform judicial opinions—a genre often viewed as central to the law? This Symposium Essay attempts to answer that predictive question, which sheds light on present realities.... Read More
AI Regulation Has Its Own Alignment Problem: The Technical and Institutional Feasibility of Disclosure, Registration, Licensing, and Auditing
Neel Guha, Christie M. Lawrence, Lindsey A. Gailmard, Kit T. Rodolfa, Faiz Surani, Rishi Bommasani, Inioluwa Deborah Raji, Mariano-Florentino Cuéllar, Colleen Honigsberg, Percy Liang & Daniel E. Ho 92 Geo. Wash. L. Rev. 1473 Calls for regulating artificial intelligence (“AI”) are widespread, but there remains little consensus on both the specific harms that regulation can... Read More
The Automated State: A Realist View
David Freeman Engstrom 92 Geo. Wash. L. Rev. 1437 Government use of artificial intelligence (“AI”) to make, implement, and enforce law is fueling anxieties among a growing cast of critics. Some are accelerations of concerns raised by other technology adoptions: error, bias, gaming, and the oversight challenges that come with reliance on procurement. Others are... Read More
Major Technological Questions
Michael Abramowicz & John F. Duffy 92 Geo. Wash. L. Rev. 1391 A defining feature of the past two and a half centuries has been the extraordinary and unprecedented velocity of technological change. The rush of new technologies has affected every area of society including the law. Legal systems, even while promoting technological progress through... Read More
Law’s Detrimental Reliance on Intermediaries
Carla L. Reyes 92 Geo. Wash. L. Rev. 1343 Emerging technology is law’s magic mirror. Even as law seeks to cabin the effects of emerging technology in society, when we hold emerging technology up to law, emerging technology often provides opportunity for reflection that reveals flaws or gaps in legal constructs. Of course, rather than... Read More
Decentralized Markets and Self-Regulation
Yuliya Guseva 92 Geo. Wash. L. Rev. 1281 Distributed ledger technology, such as blockchains, is changing financial markets by creating a new foundation for transacting with digital assets. Simultaneously, major blockchain-enabled intermediaries—crypto-exchanges—have emerged to trade, broker, and settle transactions with digital assets. U.S. regulators seek to place crypto exchanges within the ambit of existing regulation... Read More
Blockchain Technology and the Rule of Code: Regulation via Governance
Primavera De Filippi, Morshed Mannan & Wessel Reijers 92 Geo. Wash. L. Rev. 1229 Blockchain-based systems, by virtue of their technological features, present challenges to the rule of law. These systems work in a transnational and decentralized fashion, often with pseudonymous user identities, executing code autonomously without the possibility of coercion by any single operator.... Read More