Volume 112 / Issue 4
Confessions Without Consequence: The Case for Attorney General Deference
The Supreme Court’s recent decisions in Glossip v. Oklahoma and Escobar v. Texas have surfaced an understudied and increasingly consequential phenomenon in American criminal law: the prosecutorial confession of error. Anglo-American courts have …
By Alexander Wilfert
Volume 112 / Issue 4
AI Rights for Human Safety
Artificial Intelligence (“AI”) companies are racing to create Artificial General Intelligence, or “AGI.” If they succeed, the result will be human-level AI systems that can independently pursue high-level goals by formulating and executing long-term …
By Peter N. Salib and Simon Goldstein
Volume 112 / Issue 4
Abolish Conspiracy
Criminal conspiracy seems as American as apple pie. Every state criminalizes conspiracy, and there are dozens of federal conspiracy statutes. The crime of conspiracy is the darling of prosecutors across the political spectrum. It has been wielded …
By Evan D. Bernick
Volume 112 / Issue 4
Tradition and Feminism in Constitutional Rights Adjudication
In recent years, “tradition” has been influentially invoked in constitutional rights adjudication and legal scholarship. The Supreme Court, in contexts ranging from abortion to the Second Amendment to freedom of speech, has looked to tradition to …
By Rachel Bayefsky
Volume 112
Clarity Before Crisis: Designing Legible Emergency Powers in Financial Regulation
This Essay responds to Samer Saffarini’s argument that post-Loper Bright judicial scrutiny can serve as a necessary check on regulatory overreach in financial crises. While that view is intuitively appealing, this Essay contends that it places too …
By Rohan N. Menon