Volume 2022, No. 6

Articles Enabling ESG Accountability: Focusing on the Corporate Enterprise by Rachel Brewster This Article examines how a governance aspect of ESG—corporate enterprise law—creates social and environmental concerns through three lenses: (1) limited liability, (2) international …

Volume 2022, No. 5

Foreword by Allie Boldt, Miriam Seifter, & Robert Yablon, State Shadow Dockets by Rebecca Frank Dallet & Matt Woleske, Modified Textualism in Wisconsin: A Case Study by Anuj C. Desai, The Textual Canons in Contracts Cases: A Preliminary Study by Ethan J. Lieb, Improving (and Avoiding) Interstate Interpretive Encounters by Aaron-Andrew P. Bruhl, Use of Convention History in State Constitutional Law by Maureen E. Brady, Preemption, Commandeering, and the Indian Child Welfare Act by Matthew L.M. Fletcher & Randall F. Khalil, Textualism, Judicial Supremacy, and the Independent State Legislature Theory by Leah M. Litman & Katherine Shaw, Interpreting Initiatives Sociologically by Glen Staszewski, Polarization, Nationalization, and the Constitutional Politics of Recent State Supreme Court Elections by Jane S. Schacter, Countering the New Election Subversion: The Democracy Principle and the Role of State Courts by Jessica Bulman-Pozen & Miriam Seifter

Volume 2022, No. 4

Articles: Selective Prosecution, Selective Enforcement, and Remedial Vagueness by Guy Rubenstein, Mission Critical: Caremark, Blue Bell, and Director Responsibility for Cybersecurity Governance, by H. Justin Pace & Lawrence J. Trautman, The Emerging Airspace Economy: A Framework for Airspace Rights in the Age of Drones by Lavi M. Ben Dor & Jonathan M. Hoffman

Comments: Stop Telephonin’ Me: The Problematically Narrow Conception of Telemarketing Abuse under the TCPA by Niall T. Martin, The ABCs of Gaming: Activision, Biden, and COVID-19 Set the Stage for Labor Unionization in the Video Game Industry by Laura C.S. Newberry

Volume 2022, No. 3

Feature:
Foreword: Willard Hurst’s Unpublished Manuscript on Law, Technology, and Regulation by BJ Ard & William J. Novak, Chapter Eight—Technology and the Law: The Automobile by James Willard Hurst

Articles: Plea Bargaining in the Shadow of a Retrial: Bargaining Away Innocence by
Keith A. Findley, Maria Camila Angulo Amaya, Gibson Hatch,
& John P. Smith, Bloody Lucre: Carceral Labor and Prison Profit by Laura I Appleman,
Neither Carrots nor Sticks: DOJ’s Unfulfilled Commitment to Corporate Health Care Compliance
by Jacob T. Elberg, The Constitutionalization of Medical Malpractice in the Seventh Circuit by Brad Taylor, The Return of the Jury: Conduct-Based Sentencing for Recidivism by Jennifer Lee Barrow

Volume 2022, No. 2

Restatement as Aadizookaan, by Matthew L.M. Fletcher; Indian Sovereignty in Context, by Diane P. Wood; Right-of-Way Sovereignty, by Brian L. Pierson; Who, What, Where, and How: The Fundamental Elements for Contracts Implicating Tribal Sovereign Immunity, by Lorenzo E. Gudino; Facilitating Tribal Co-Management of Federal Public Lands, by Kevin K. Washburn; Five Restatements: Charting the History of the Law on State Taxation of Non-Tribal Members in Indian Country, by Dale T. White; Opportunities for On-Reservation Sustainable Development, by John Clancy; Protection and Implementation of Indian Reserved Water Rights as a Necessary Condition for Tribal Economic Development, by Reid Peyton Chambers; Toward Tribal Health Sovereignty, by Aila Hoss

Volume 2022, No. 1

Articles: Invisible Victims by Mihailis E. Diamantis; Overstepping: U.S. Immigration Judges and the Power to Develop the Record by Jayanth K. Krishnan; A Queer Analysis of Intellectual Property by Eden Sarid; The Legal Struggle for Rights of Nature in the United States by Alexandra Huneeus

Essay: When the Soapbox Talks: Platforms as Public Utilities by Patrick A. Ward

News of the School Addendum: Order of the Coif

Volume 2021, No. 6

Articles: De-Coding Free Speech: A First Amendment Theory for the Digital Age by Xiangnong Wang; Rebellious Lawyers for Fair Housing: The Lost Scientific Model of the Early NAACP by John Bliss

Essay: Judicial Campaign Finance and Election Timing by Michael S. Kang & Joanna Shepherd

Comments: Ignoring the Cries of Black Mamas: Looking Beyond Tort Law to Ensure that Black Mothers Are Heard During Childbirth by Elise Ashley; Trojan Unicorn: Exploiting Religious Exemptions to Advance LGBTQIA+ Law by Riley Palmer; Anderson-Burdick, Democracy, and Tradition in the Republic of Palau by Ketib Oldiais

Volume 2021, No. 5

Foreword by Allie Boldt, Miriam Seifter, & Robert Yablon; State-Local Litigation Conflicts by Margaret H. Lemos; Enhanced State Constitutional Rights: Interpreting Two or More Provisions Together by Robert F. Williams; Federalism and Federal Rights Minimalism: Overlooked Effects on State Court Education Litigation in Wisconsin by Helen Hershkoff & Nathan D. Yaffe; Zombie State Constitutional Provisions by Maureen E. Brady; Federalism and the Limits of Subnational Political Heterogeneity by James A. Gardner; Measuring State Capture by Pamela J. Clouser McCann, Douglas M. Spencer, & Abby K. Wood; Tournament Elections with Round-Robin Primaries: A Sports Analogy for Electoral Reform by Edward B. Foley; Legislative Administration by Maria Ponomarenko; Federalism in the States: What States Can Teach About Commandeering by Fred O. Smith, Jr.; Localism All the Way Up: Federalism, State-City Conflict, and the Urban-Rural Divide by Richard C. Schragger; Exclusionary Zoning’s Confused Defenders by David Schleicher

Volume 2021, No. 4

Articles: Spillover Tax Precedent by Susannah Camic Tahk; Virtual Access: A New Framework for Disability and Human Flourishing in an Online World by Johanna Smith & John Inazu; Assessing the NCAA as a Compliance Organization by Nathaniel Grow & Todd Haugh

Comments: The Nondelegation Schism: Originalism Versus Conservatism by Jamey Anderson; But Instead Expose Them: Public Access to Criminal Trials in U.S. Law and Canon Law by Paul M. Matenaer

Note: Avoiding a Litigation Free-for-All: Clarifying LLC Members’ Standing to Sue After Marx v. Morris by Josi Wergin

Volume 2021, No. 3

Table of Contents Articles Missing Immigrants in the Rhetoric of Sanctuary by Ava Ayers The idea of sanctuary for undocumented immigrants started among activists and was soon adopted by governments. In this process, the idea …