Introduction Imagine that there was no U.S. Supreme Court but that the federal and state court systems were otherwise unchanged. What would happen? There would be no mechanism for reviewing state court decisions that disregarded the federal Constitution, statutes, or treaties. There would also likely be sharp differences in the interpretation of federal law among […] Continue Reading >
Introduction Federalism has been called the “oldest question” of American constitutional law.[1] Since the Founding, the relationship between the national government and the several states has been shaped by its constitutional and statutory frames, even as it courses through grooves of partisan contestation at election time, via votes on Congress’s floor, and in conversations between […] Continue Reading >
Training AI on User-Generated Content: Problems and Solutions
Court-Stripping, Court-Packing, and Court Defying: Revisiting the Supreme Court’s Essential Functions
Training AI on User-Generated Content: Problems and Solutions
Introduction The ongoing flurry of developments in generative Artificial Intelligence (AI) has the power to reshape society—through sheer volume of output, if nothing else. As a result, AI raises a variety of intimidatingly large issues.[1] But it is best not to catastrophize.[2] Instead, the best approach is to seek pragmatic, attainable policies to isolate and […] Continue Reading >
Agonistic Federalism
Automated Databases and Hand-Typed Queries: Section 702 and Artificial Intelligence
Introduction Section 702 of the Foreign Intelligence Surveillance Act[1] is, by many accounts, the most important surveillance authority the United States has.[2] The “crown jewel of America’s intelligence gathering capabilities,” Section 702 surveillance has yielded myriad achievements.[3] It has helped foil terrorist plots, catch spies at home and abroad, and document atrocities in war-torn countries like Ukraine.[4] […] Continue Reading >