Volume 2026, No. 3
The Tax Insurance Trap by Benjamin Silver; Merger Remedies Unbound by Dhruv Aggarwal, Albert H. Choi & Geeyoung Min; In Lieu of the NLRA by Gali Racabi; and Interstate Extradition by Ethan Lowens
The Tax Insurance Trap by Benjamin Silver; Merger Remedies Unbound by Dhruv Aggarwal, Albert H. Choi & Geeyoung Min; In Lieu of the NLRA by Gali Racabi; and Interstate Extradition by Ethan Lowens
U.S. consumers suffer from high drug prices. A lack of generic competition is one reason why. Congress enacted balanced landmark legislation in 1984 to promote competition and innovation. In the past few years, however, the U.S. Court of Appeals for the Federal Circuit has issued two significant rulings that threaten this balance by allowing brand companies to block generics even when they specifically avoid patents.
This Essay first introduces the pharmaceutical regulatory regime, emphasizing the importance of generic competition and the carefully calibrated balance between competition and innovation. It then discusses the Federal Circuit’s recent decisions in GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc. and Amarin v. Hikma, which sharply limited the skinny label pathway. It concludes by highlighting the advantages skinny labels provide as compared to other (litigation-focused) ways generics enter the market.
We, the Watchers by Bennett Capers; Family Policing as Welfare Theatre by Tarek Z. Ismail; Civil Death by a Thousand Cuts by Eisha Jain; Surveillance Architectures by Arti Walker-Peddakotla.
The text of the Twenty-Second Amendment seems clear that a president cannot be elected to a third term: “No person shall be elected to the office of the President more than twice.” This Essay looks further to the history surrounding the Twenty-Second Amendment, an exercise sometimes employed by judges, particularly those who favor the constitutional interpretive method of originalism. History shows that a president cannot be elected to a third term on the theory that the previous terms were nonconsecutive.
Contract Law and Civil Justice in Local Courts by Cathy Hwang & Justin Weinstein-Tull; Preempting Drug Price Reform by Shweta Kumar; Lessons Learned? COVID’s Continued Impact on Remote Work Disability Accommodations by D’Andra Millsap Shu; Unbundling AI Openness by Parth Nobel, Alan Z. Rozenshtein & Chinmayi Sharma.
Adjudicating De Facto Parentage by Stephanie L. Tang; Behind the Bench: Unmasking the Judicial Role in North America’s Prolonged Access to Justice Crisis by Brajesh Ranjan; Abuse Victims Are Not Sleeping Away Their Day in Court: Claim Preclusion and Wisconsin Abuse Injunctions by Irene L. Evans; Get Sober or Go to Jail: Rethinking Sobriety Restrictions for Pretrial Release by Greer C. Gentges; Your Kid, Your Crime: Wisconsin Laws Can Place Parents on Trial for Their Child’s Mass School Shooting by Casey H. Needham; Out with the Old and In with the New: A Review of the Latest Revisions of the Seventh Circuit’s Accomplice Liability Jury Instructions by Stephanie Simon; “Eyes-Open” Textualism: Wisconsin’s Latest Interpretive Paradigm by Benjamin S. Willstein; United States v. Brewbaker: Just How Per Se Is the Per Se Rule in Criminal Antitrust Enforcement? by Emma Dzwierzynski; News of the School 2025
Foreword by Miriam Seifter, Robert Yablon & Bree Grossi Wilde; The Next Chapter in Health Care Federalism: Expanding Medicaid from the Ground Up by Michelle Wilde Anderson & Lina Volin; Local Government Standing as State Standing by Katharine Cooney & Katherine Mims Crocker; State Constitutions and the Right to Gender Autonomy by Katie Eyer; Problems of Compliance in Election Law by Lisa Manheim; History and Tradition in Constitutional Interpretation: Resistance in the States by Serena Mayeri; Lockstepping Structure by Darrell A. H. Miller; Tort Logics for State Constitutional Injuries by Sarah L. Swan
How Not to Democratize Algorithms by Ngozi Okidegbe; Missing Children Discrimination by Itay Ravid & Tanisha Brown; Justifications for Fair Uses by Pamela Samuelson; Section Three of the Fourteenth Amendment from the Perspective of Section Two of the Fourteenth Amendment by Mark A. Graber; Securities & Exchange Commission v. Jarkesy and the Demise of the Public Rights Doctrine by Jacob J. Kruchten; An Unrealized Opportunity: What Moore v. United States Means for the Existence of a Constitutional Realization Requirement for Income Taxation by Shane McAllister Conley
For a document that is usually found behind glass casing in museums and galleries, many have taken advantage of the ability to carry it in their purse, wallet—or better yet—their pocket. The US Constitution is one of the oldest and shortest constitutions in the world. This brevity comes with significant advantages: it is easily accessible, it could be read before your coffee gets cold, and it could also be mass produced on a large scale. Indeed, as the insights, commentary, and controversies regarding the American Constitution continue to get larger and more sophisticated in the 21st century, this brief 18th century text seems more relevant than ever. But in part, this renaissance is coming in pocket form through the mass production and distribution of pocket US Constitutions.
Courts agree that the federal government may not seize a person in the United States and immediately ship them off to a prison in another country without providing any opportunity for judicial review. But this basic constitutional rule has proven difficult to enforce in court. The challenge comes not only from a defiant Executive Branch, secret orders, and midnight transfers, but also defense-side agency forum shopping. As soon as the Supreme Court held that challenges to designation and removal under the Alien Enemies Act must be brought in the district of confinement, the federal government moved detainees away from districts issuing protective orders to districts that have declined to act, necessitating a dramatic late-night intervention from the Supreme Court. This story is an especially vivid example of defense-side Executive Branch forum shopping, a phenomenon that has gone largely unnoticed and unstudied.