Things to Read This Week (3/2/26)

Beginning a Law Review Article, by Sam Bray. You should want to read this article just from the title, right? And if you need more, here’s the abstract: “How should a law review article begin? For authors of law review articles, especially first-time authors, this Essay offers advice about what makes a good title, abstract, author note, table of contents, and introduction. Although this Essay has insights into the genres of the law review article, its advice is no substitute for actually having something to say. You have to bring the idea, but if you do, this Essay will help you fashion it into a more effective article.” And of course if those aren’t enough to persuade you to read the article then it’s a genre failure.

The Written Constitution of Enumeration, by Gary Lawson. Lawson takes on Gienapp’s and Primus’s books! Alas, no Crosskey citations.

Repeal by Surrender, by Monica Haymond. Very interesting. For me the most intriguing claim in the abstract is in paragraph two: “But despite critics leveling this charge across administrations, there is no evidence that repeal by surrender is a meaningful legal problem. Agencies are not exploiting judgments to circumvent the APA . . ..”

Untangling AI Liability, by Kenneth Abraham and Catherine Sharkey. “Departing from the views of torts skeptics, we show how many of the intellectual and practical challenges that AI liability seems to pose can be resolved with tort law principles that are conventional under current law, or workable with minimal adjustment or modification. We demonstrate how, in multiple contexts—including first-generation AI cases involving self-driving cars and chatbots—putative “black-box” obstacles to AI liability can be addressed by the objective standard of reasonableness of the defendant’s conduct, the products liability defective design standard, or intentional torts such as invasion of privacy and defamation.”