In the past decade, robo-advisors—online platforms providing investment advice driven by algorithms—have emerged as a low-cost alternative to traditional, human investment advisers. This presents a regulatory wrinkle for the Investment Advisers Act, the primary federal statute governing investment advice. Enacted in 1940, the Advisers Act was devised with human behavior in mind. Regulators now must determine how an automated...
Issue Archives
Introduction The best laid plans of mice and men go oft astray. For many years, John and Mary have carefully used birth control in order to pursue their joint careers as rising academics, and at the same time, realize (in summertime getaways) their major passions for exploring ancient civilizations and sites of Renaissance art and […]
Introduction Professor Dov Fox’s comprehensive, deeply meditated essay, Reproductive Negligence, argues convincingly that the laws of tort, contract, and property severally and jointly fail to govern the promises and perils of modern reproductive technologies in an acceptable way. Our “legal system . . . treats heedlessly switched sperm, lost embryos, and misdiagnosed fetuses not as misconduct that it […]
Introduction Hanoch Dagan and Avihay Dorfman believe that theoretical work on private law has become too polarized. Ranged on one side, there are those who “conceptualize private law as a set of regulatory strategies with no . . . unique moral significance.” On the other side are those who associate private law with “values that dissociate it entirely […]
Introduction Emerging technologies promise to expedite administrative rulemaking by analyzing public input through computerized natural language rather than clunky, old human brains. Moving far beyond software that keyword searches and deduplicates content, natural language processing (as a type of predictive coding) employs artificial intelligence that adapts and modulates depending on inputs, rendering it fluid and […]
Introduction Professors Hanoch Dagan and Avihay Dorfman’s article Just Relationships is a fundamental reinterpretation of the moral ideals of large swaths of private law. Its significance, however, may go beyond even that broad ambition. In this Response, I suggest that Just Relationships is also an exemplar—perhaps par excellence—of an emergent form of critical discourse, which […]
For the past few years, our nation has been engaged in a broad and passionate discussion about crime and policing. It is a dialogue that is as important as it is difficult. It is also one that defies simple answers, as tempting as those might be. We need better, more informed conversations about this […]
Introduction In a world in which police understand themselves to be a bulwark against crime, having a good handle on crime data is critical. According to the best data available, crime has been steadily trending downward for the last few decades. There has been a national decline in crime, and the decline in New York […]
On October 12, 2016, Jack Greenberg passed into immortality. Born on December 22, 1924, during a life spanning ninety-two years he helped to change the world around him and to make it infinitely better. I have often said that Jack Greenberg had as much influence on our country through the law as any attorney […]
What a difference a decade makes. In 2006, 45% of Americans were worried a great deal about crime. By 2016, the number had jumped to 53%, the highest level since 9/11, which was the last time a majority of Americans had expressed that view. This increase in the level of fear buoyed Donald Trump to […]