Regulation

Roslyn Layton examines the recent Amazon Web Services outage and compares it with last year’s CrowdStrike outage to illustrate differences in scope, responsibility, and systemic impact. She argues that cloud providers should contribute to the Universal Service Fund, ensuring financial contribution to resilience and critical infrastructure for essential services.

Many studies have assumed that United States tariff costs are passed onto consumers. In new research, Vanessa Alviarez, Michele Fioretti, Ken Kikkawa, and Monica Morlacco argue that buyer-seller relationship dynamics allow dominant U.S. importers to instead force higher costs onto exporters.

States are beginning to impose idiosyncratic rules on artificial intelligence chatbots and other offerings in response to harms to consumers. Rather than create a...

Elizabeth Pollman reviews barriers for holding corporations and their fiduciaries accountable under corporate and securities law.

In new research, Tomaso Duso, Joseph Harrington, Carl Kreuzberg, and Geza Sapi demonstrate how their screening tool can aid antitrust authorities in identifying potential collusion between firms through public communications.

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.

Corporations can sidestep prosecution by cooperating with the government and offering up employees to avoid their own criminal liability. Ellen S. Podgor discusses two prominent reasons why the current approach to corporate criminality is inefficient.

Judge Jed S. Rakoff of the United States District Court for the Southern District of New York reflects on the history of cryptocurrency and his experience adjudicating criminal cases involving it.

Crypto assets and social media are changing how finance operates. Uncertainty around the future of AI is affecting financial markets. Claudia Biancotti argues that regulators must expand their range of expertise and pursue a multidisciplinary approach to protecting society against the potential negative spillovers from these developments.

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.