This Article excavates unfamiliar stories about contracts doctrine and the violence of slavery. One such story begins with six-year-old Martha, whose bill of sale warranted her “to be sound.” When Martha’s purchaser found her unable to perform the “duties that might be reasonably assigned to a child,” however, he sued for breach of warranty, alleging…
Over just one week in 2023, depositor runs at a few U.S. banks threatened to trigger a worldwide banking crisis. Afterwards, the United States suffered three of the biggest bank failures in the nation’s history; in Europe, Credit Suisse became the largest financial institution to fail since the 2007-2008 Global Financial Crisis. Stunned by this…
With the emergence of large language models (LLMs) like ChatGPT, scholars and courts have fervently debated whether LLMs’ training on and reproduction of copyrighted materials amounts to fair use. But in a recent series of cases, a lesser-known challenge to LLMs has reared its head: § 1202 of the Digital Millennium Copyright Act. This provision…
In 1998, the Supreme Court established a standard for employer vicarious liability for sexual harassment in the cases Faragher v. City of Boca Raton and Burlington Industries, Inc. v. Ellerth. Together, these cases hold that an employer is presumptively liable for any actionable sexual harassment by a supervisor. No affirmative defense is available when harassment…
