The Courts

Shishene Jing argues that the fair use doctrine's central question—whether a use is sufficiently transformative to avoid licensing requirements—breaks down when applied to AI. Transformativeness worked as a test because transformative uses rarely competed financially with the originals. AI training severs that relationship, as it is both the most transformative use of copyrighted material and the use best equipped to displace their markets.

In new research, James Flynn, David Munro, and Caitlin Myers document how sexual behavior has changed in light of total abortion bans enacted after Dobbs vs. Jackson Women’s Health. They find that abortion bans reduced sexual activity and increased contraceptive use, motivated by individuals having an increased awareness of state policy.

The Supreme Court's decision in Trump v. Slaughter strips independent agencies of removal protections that made regulatory policy predictable across administrations. In new research, Brian Feinstein and Daniel Hemel find that equity markets assign real value to precisely that kind of insulation.

New research by Hosein Maleki, Mahsa Kaviani, Simi Kedia, and Shay Pourvosoughi shows that women-owned firms are less likely to get a second chance after filing for bankruptcy and that the gap between male- and female-owned firm filings widens when courts are overloaded.

In new research, Michele Fioretti and Alessandro Iaria discuss how a landmark Norwegian court ruling shows how constitutional constraints on the government’s ability to retroactively change contracts can encourage private innovation and reshape entire industries.

In recent research, Christian Bergqvist argues that the European Union’s approach to wage-fixing, no-hire, and no-poach agreements reveals a lack of nuance that may end up harming competition.

In new research, Adam Callister, Andrew Granato, and Belisa Pang argue that differing incentives faced by plaintiffs and defendants in “battles of the experts” litigation (like securities suits) leads to structurally higher spending by defendants on expert witnesses. These incentives also apply to any class action suit and many individual suits. They argue that courts should take this dynamic into account and correspondingly be more aggressive in using authority to employ court-appointed experts.

Fabio De Pasquale, a prosecutor at the Milan prosecutor’s office who led the investigation into energy conglomerates Eni and Shell for their alleged involvement...

Fifteen years after Citizens United opened elections to corporate campaign financing, Jacob Eisler asks if the ruling remains relevant after Donald Trump won in 2016 and 2024 through small donations and social media savvy rather than traditional reliance on kingmaking donors.

Dylan Gyauch-Lewis reviews the Supreme Court’s recent spate of rulings redefining administrative law and how they threaten the National Labor Relations Board’s authority.