Legislative drafting mistakes can upset statutory schemes. The Affordable Care Act was nearly undone by such mistakes. The recent Tax Cuts and Jobs Act is rife with them. Traditional legal scholarship has examined whether courts should help resolve Congress's mistakes. But courts have remained...

Nanotechnology presents regulators with a difficult challenge. Nano materials and nanoprocesses involve deep uncertainties regarding their potential benefits and health and environmental risks, reflecting the embryonic state of the underlying science. These uncertainties have led various...

This paper is part of an international collaborative project led by Rebecca Giblin & Kimberlee Weatherall. The premise of the project is this: what if we could start with a blank slate, and write ourselves a brand new copyright system? If we could design a law, from scratch, to encourage...

Innovations in networked digital communications technologies, including the rise of ‘Big Data', ubiquitous computing and cloud storage systems, may be giving rise to a new system of social ordering known as algorithmic regulation. Algorithmic regulation refers to decision-making systems that...

The insight upon which this article is built is that the common structures of these two legal regimes create incentives toward destroying the resources they seek to protect. The shift from legal freedom to exploit resources to strict limitation on property modification and the lengthy and public...

In recent years, the Australian Securities and Investments Commission (ASIC) has increasingly intervened in private litigation. It is interesting to consider why ASIC expends its resources intervening in this private litigation, given that – at least from its point of view – one of the...

Beyond a shared understanding that regulating cyber is complex, the role the state plays in this domain has thus far eluded systemic analysis. This Article addresses this gap by offering a working definition of “cyber” and proceeds unearthing the polycentric roles and functions performed by...

The need for a legal framework that explains a decentralized system is compulsory to understand whether regulation could be useful and effective. Previous academic frameworks did not manage to explain the intimate development and success of a decentralized cryptocurrency system interpreting the...

This Article examines local efforts to regulate mobile capital. Despite the conventional wisdom that sub-national governments cannot effectively control or redistribute capital, cities have increasingly sought to do just that. This Article describes these efforts, which include putting...