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
Artificial Intelligence and the First Amendment
Cass R. Sunstein 92 Geo. Wash. L. Rev. 1207 Artificial intelligence (“AI”), including generative AI, is not human, but restrictions on the activity or use of AI, or on the dissemination of material by or from AI, might raise serious First Amendment issues if those restrictions (1) apply to or affect human speakers and writers,... Read More
The Mathematical Question: Defining “Relatively Easy” Political Questions
Nathaniel Schwamm 92 Geo. Wash. L. Rev. 1182 Justiciability doctrines are intertwined with constitutional commands and prudential concerns. They weave together text and history; they aim to protect democracy and individual rights. In 2019, the Supreme Court, in Rucho v. Common Cause, determined that partisan gerrymandering claims suffer from justiciability problems by implicating a doctrinal... Read More