Essay

The Norm against Economic Espionage for the Benefit of Private Firms: Some Theoretical Reflections

Samuel J. Rascoff

Professor of Law, Faculty Director, Center on Law and Security, NYU School of Law

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For decades, the American intelligence community has adhered to a norm against spying for the sake of enriching private firms. More recently, the norm has figured in a prominent presidential directive as well as in various international agreements. But notwithstanding its durability and its newfound renown, the norm has largely eluded scholarly consideration. In this Essay, I aim to address that gap by showing how theories of agency capture and institutional culture can help make sense of the norm’s past and inform judgments about its future.

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TABLE OF CONTENTS

Business Organizations Cybersecurity Privacy Separation of Powers

Online

Essay

AI Judgment Rule(s)

Katja Langenbucher

Katja is a law professor at Goethe-University, Frankfurt; member of Leibniz Institute SAFE; affiliated professor at SciencesPo, Paris; and visiting faculty at Fordham Law School.

This piece has profited enormously from feedback during the University of Chicago Law School’s workshop on “How AI Will Change the Law.” I would like to thank Stephen Bainbridge and Martin Gelter for enlightening me with expert input in the context of the U.S. business judgment rule. Needless to say, all remaining errors are mine.

This essay explores whether the use of AI to enhance decision-making brings about radical change in legal doctrine or, by contrast, is just another new tool. It focuses on decision-making by board members. This provides an especially relevant example because corporate law has laid out explicit expectations for how board members must go about decision-making.

Business Organizations Corporate Governance Corporations Technology

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Post

Children’s Autonomy Rights Online

Clare Ryan

Assistant Professor of Law at the University of Alabama School of Law

She thanks Esther Hong, Zalman Rothschild, and Lisa Washington, as well as the participants and organizers of the University of Chicago’s 2023 Law Review Symposium on Children and the Law.

Children’s lives are increasingly shaped by their online environment, quite apart from the physical geographies of home and school. How they make choices in that space, and how those choices are shaped by law and parental authority, warrants deeper discussion than the Restatement of Children and the Law was able to provide. The complex challenges of children’s engagement with social media, both as content creators and consumers, help illuminate some of the core tensions in this Part of the Restatement—namely, the tension between children’s autonomy, parental authority, and state regulation.

Children and Families Civil Rights Cybersecurity

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Essay

Introduction

Deborah Malamud

Kenyon College, B.A. 2017; The University of Chicago Law School, J.D. 2021.

She thanks the authors for their contributions to the series.

Speaking on Chevron deference at Duke University School of Law in 1989, Justice Antonin Scalia told the audience to “lean back, clutch the sides of your chairs, and steel yourselves for a pretty dull lecture.” Perhaps he would have withheld his cynicism if he could have seen the Supreme Court’s administrative-law rulings in the past year.

Executive Branch Separation of Powers Unitary Executive