Articles: Federalism Hedging, Entrenchment, and the Climate Challenge by William W. Buzbee Economic Analysis of Labor Regulation by Hiba Hafiz Atlas Nods: The Libertarian Case for a Basic Income by Miranda Perry Fleischer & Daniel Hemel Comment: Not Just a Fantasy: The Real Benefits of Daily Fantasy Sports Legislation for Wisconsin by Brian C. Miller
Articles: The Foundations of Constitutional Theory by Andrew Coan One Person, No Votes: Unopposed Candidate Statutes and the State of Election Law by Noah B. Lindell Crimmigration-Counterterrorism by Margaret Hu Comment: The Doctor Will See You Now-From 100 Miles Away: Navigating Physician Non-Compete Agreements in the Age of Telemedicine by Greta Mattison Megna
Articles: Business, Corruption, and Human Rights: Towards a New Responsibility for Corporations to Combat Corruption by David Hess The Tragedy of Elephants by Branden D. Jung Winning the Battle, Losing the War?: Assessing the Impact of Misclassification Litigation on Workers in the Gig Economy by V.B. Dubal Note: Lewis v. Epic: An Employee Arbitration Odessey by Andrew J. Fabianczyk
I begin with great thanks to the Wisconsin Law Review for the opportunity to be a part of this timely and important conversation about executive power and administrative governance. I have been invited here to share my work on negotiated federalism, which explores the way that good multiscalar governance is often the product of intergovernmental bargaining among decision makers at various levels of government. As I have described in this work, negotiations are sometimes conducted purposefully, in statutorily prescribed ways, and elsewhere more serendipitously or even inadvertently, as a byproduct of the wider political process. The privileged constitutional status of the federal and state governments brings special attention to the negotiations that take place among state and federal actors, but similar dynamics apply in negotiations involving local, regional, national, and international actors. And while all three branches of government participate in different forms of negotiated governance (some more and less obvious), the executive branch features especially prominently in these efforts. For this symposium, I would like to distill a few important points from my research about the need for negotiated governance and the options for accomplishing it.
Symposium: Public Interest Mobilization and Access to Justice Movements in the New Democratic State WLR is proud to present its 2017 Symposium. Please find the symposium’s schedule below. The Symposium will take place from 8:30 a.m. to 5:00 p.m. at the University of Wisconsin Law School. Please register for the event here. We look forward to seeing …
The Wisconsin Law Review is pleased announce its new 2L associates. Congratulations to you all, and we look forward to meeting you at Orientation.
Articles: Debunking the Stranger-in-the-Bushes Myth: The Case for Sexual Assault Protection Orders by Shawn E. Fields Tampon Taxes, Discrimination, and Human Rights by Bridget J. Crawford & Carla Spivack The Uneasy Case for Patent Federalism by Roger Allan Ford Comment: Clearing the Path from Trailhead to Summit with a Leave No Trace Law by Samuel Case
Symposium Issue: Modern Federal Judicial Selection Articles: Filling the Seventh Circuit Vacancies by Carl Tobias Majority Rule and the Future of Judicial Selection by Michael J. Gerhardt & Richard W. Painter Cooperative Judicial Nomination During the Obama Administration by David Fontana Is There Really a Diversity Conundrum? by Theresa M. Beiner How Political Ideology Undermines Racial and Gender Diversity I Federal Judicial Selection: The Prospects for Judicial Diversity in the Trump Years by Kevin R. Johnson Diversity, Qualification, and Ideology: How Female and Minority Judges Have Changed, or Not Changed, Over Time by Maya Sen A Tale of Two Justices: Brandeis, Marshall, and Federal Court Judicial Diversity by Linda Sheryl Greene
Address: Our Justice System at an Inflection Point by William C. Hubbard Articles: “Captured Boards”: The Rise of “Super Directors” and the Case for a Board Suite by Kobi Kastiel & Yaron Nili The Case for Symmetry in Antidiscrimination Law by Naomi Schoenbaum Note: Let This Jardines Grow: The Case for Curtilage Protection in Common Spaces by Kathryn E. Fifield Comment: TIF-for-Tax: Upholding TIF’s Original Purpose and Maximizing Its Use as a Catalyst for Community Economic Development by Bryon Eagon
Mary H. Hansel In a matter of weeks, the International Criminal Court (ICC) is expected to open a full-fledged investigation into the “war crimes of torture and related ill-treatment, by United States military forces deployed to Afghanistan and in secret detention facilities operated by the Central Intelligence Agency.” Pursuant to the principle of complementarity, the ICC cannot take the case if the United States has conducted its own investigation and decided against prosecution “unless the decision resulted from the unwillingness or inability of the State genuinely to prosecute.”