Articles: The State of Restorative Justice in American Criminal Law by Thalia González, Targets of Opportunity? The History, Law and Practice of Affirmative Action in University Faculty Hiring by Jason Yackee
Comment: One Step Forward: Compassionate Release under the First Step Act by Michael Doering
Note: Closing the Door on Anti-Cohabitation Policies: Martial Status Protections for Unmarried Couples by Connor Clegg
News of the School
Articles: A Short Treatise on Sports Gambling and the Law: How America Regulates its Most Lucrative Vice by John T. Holden & Marc Edelman, Merger Breakups by Menesh S. Patel
Essay: In Too-Big-To-Fail We Trust: Ethics and Banking in the Era of COVID-19 by Nizan Geslevich Packin
Comments: A Willful Choice: The Ineffective and Incompassionate Application of Wisconsin’s Criminal Laws in Combating the Opioid Crisis by Emily O’Brien, Optimized for Addiction: Extending Product Liability Concepts to Defectively Designed Social Media Algorithms and Overcoming the Communications Decency Act by Allison Zakon
Articles: The Non-Adversarial Fiction of Immigration Adjudication by Beth K. Zilberman, Offers You Can’t Refuse: Post-Hire Noncompete Agreement Insertions and Procedural Unconscionability Doctrine by N. Brock Enger
Essay: Conscience Shocking in the Age of Trump by Lee Farnsworth
Comments: The Cheese Stands Alone: Wisconsin’s “Quirky” Partial Veto In Its New Constitutional Era by Alyssa LeRoy, Taking Artificial Intelligence Beyond the Turing Test by Patric M. Reinbold
Essays: The New Realism in Business Law and Economics: Introduction by Claire A. Hill, Frequent Filer Shareholder Suits in the Wake of Trulia: An Empirical Study by Sean J. Griffith, Bias, Identity and M&A by Afra Afsharipour, The Fallacy of Director Independence by Yaron Nili, Repetition, Ritual, and Reputation: How Do Market Participants Deal with (Some Types of) Incomplete Information? by Claire A. Hill, Complete Contracts in Finance by Elisabeth de Fontenay, Path Dependence, Information, and Contracting in Business Law and Economics by Robert Anderson IV, Transformation Cost Engineering by Matthew Jennejohn, Boilerplate Semantics: Judging Natural Language in Standard Deal Contracts by Jeremy McClane, Revising Boilerplate: A Comparison of Private and Public Company Transactions by Robert E. Scott, Stephen J. Choi, & Mitu Gulati, Beyond Internal and External: A Taxonomy of Mechanisms for Regulating Corporate Conduct by Ann M. Lipton
2019 News of the School
Keynote Lecture: Eight Futures of the Nondelegation Doctrine by Andrew Coan
Essays: Eighty Years of Federalism Forbearance: Rationing, Resignation, and the Rule of Law by Gil Seinfeld, Rationing the Constitution vs. Negotiating It: Coan, Mud, and Crystals in the Context of Dual Sovereignty by Erin Ryan, Judicial Capacity, Causation, and History: Next Steps for the Judicial Capacity Model by David S. Schwartz, Comparative Capacity and Competence by Eric Berger, Justifying Judicial Modesty by Stuart Chinn, Gerrymandering and Judicial Incapacity by Edward L. Rubin, Judicial Capacities by Jane S. Schacter, Docket Control, Mandatory Jurisdiction, and the Supreme Court’s Failure in Rucho v. Common Cause by Carolyn Shapiro, What Do Constitutional Law Professors Do? by David Fontana, Rations and Takings by Carol M. Rose, Leaving the Land of Easy Answers: Regulatory Takings, Rucho and the Nature of Constitutional Analysis by Neil Komesar, Extra-Judicial Capacity by Miriam Seifter, A Republic, If the Courts Can Keep It? by Laurence Claus, Baller Judges by Jon D. Michaels
Articles: Affirmative Action as Transitional Justice by Yuvraj Joshi, Eminent Domain Law as Climate Policy by Alexandra B. Klass, Administrative Reasonableness: An Empirical Analysis by Alyse Bertenthal