The Record

A Programming Language for Future Interests

Learning the system of estates in land and future interests can seem like learning a new language. Scholars and students must master unfamiliar phrases, razor-sharp rules, and arbitrarily complicated structures. Property law is this way not because future interests are a foreign language, but because they are a programming language.

The New Fintech Federalism

American law has struggled to accommodate the rise of fintech. The United States has labored under a division of regulatory authority between the state and federal governments designed for a financial landscape comprised of banks and large, systemically important shadow banks.

Informal Governance: Internet Referral Units and the Rise of State Interpretation of Terms of Service

The legal framework governing online speech relies on a distinction between the public and private sphere. A direct consequence of this distinction is the bifurcation between user and citizen. While the former is largely governed by private contractual norms—like a platform’s terms of service—the latter is traditionally governed by public law norms.

AI & Antitrust: Reconciling Tensions Between Competition Law and Cooperative AI Development

Cooperation between companies developing artificial intelligence (AI) can help them create AI systems that are safe, secure, and with broadly shared benefits. Researchers have proposed a range of cooperation strategies, ranging from redistributing “windfall” profits to assistance to address the harmful dynamics of a competitive race for technological superiority.

Wargames: Analyzing the Act of War Exclusion in Insurance Coverage and Its Implications for Cybersecurity Policy

Cyber risk insurance coverage has become an increasingly vital tool permitting both public and private-sector organizations to mitigate an array of cyber risks, including the prevalent issue of ransomware. However, despite the relatively rapid uptake of these policies, a series of issues and barriers emerged. Litigation has centered on issues ranging from what constitutes “covered computer systems” as many employees are working from home, to questions of negligence.