Artificial intelligence (AI) runs on data. But the two legal regimes that govern data—information privacy law and copyright law—are under pressure. Formally, each regime demands different things. Functionally, the boundaries between them are blurring, and their distinct rules and logics are becoming illegible. This Article identifies this phenomenon, which I call “inter-regime doctrinal collapse,” and…
Corporations use bankruptcy to undermine collective worker power. They can run to bankruptcy court, for example, to shed collective bargaining agreements or tort judgments for sexual harassment and race discrimination claims. But when unions and workers fight back through collective action, corporations respond by filing tort suits, chasing the unions into bankruptcy. If unions were…
Constitutional rights do not enforce themselves. The constitutional tort, generally taking the form of an action under either Section 1983 or Bivens, is one important vehicle for individuals to vindicate their constitutional rights. Jurists and civil rights scholars have documented the many barriers to relief under these two causes of action—official immunities, governmental immunities, and…
