Regulating Plain Language, by Michael A. Blasie; Regulating Excessive Credit, by Abigail Faust; A(woke) Workplaces, by Michael Z. Green; Remote Work and the State Taxation of Nonresident Employees, by Bradley W. Joondeph; Equalizing Remediation, by Chinonso Anozie; How Much Do Investors Care About Social Responsibility?, by Scott Hirst, Kobi Kastiel & Tamar Kricheli-Katz
Volume 2023, No. 2 (Symposium)
Foreword I: Controlling the Supreme Court — Is There a Future for American Law?, by Bruce Ledewitz; Foreword II: To Reform the Court, We Have to Recognize It Isn’t One, by Eric J. Segall; Religious Liberty For All? A Religious Right to Abortion, by Caroline Mala Corbin; What It Takes to Curb the Court, by Barry Friedman; The Court and the Constitution, by Lori A. Ringhand; The Case for Expanding the Anticanon of the Constitution, by Ilya Somin; Supreme Myth Busting: How the Supreme Court Has Busted its Own Myths, by Michael J. Gerhardt; Fixing the Confirmation Process, Or Fiddling While Rome Burns, by Caroline Fredrickson; The October 2021 Term and the Challenge to Progressive Constitutional Theory, by J. Joel Alicea; A Normal Supreme Court, by Eugene Volokh
Volume 2023, No. 1
Geography as Due Process in Immigration Court, by Valeria Gomez; A Copyright Restored: Mark Twain, Mary Ann Cord, and How to Right a Longstanding Wrong, by Timothy J. McFarlin; Defining Unfair Competition in the Federal Trade Commission Act, by Samuel Evan Milner, P.h. D., J.D.; Is Corporate Law Nonpartisan? by Ofer Eldar & Gabriel Rauterberg; The Benefit of the Bargain, by Mark A. Lemley; Does Mens Rea Matter? by Matthew L. Mizel, Michael Serota, Jonathan Cantor, & Joshua Russell-Fritch; Let Them Play Ball: Seeking Solutions to the Recent Spate of Trans Sports Bans, by Sophia R. Pfander; Protecting All Parties in Compensated Gestational Surrogacy Agreements: Adopting the New York State (of Mind) Approach, by Kiara Butler
Volume 2022, No. 6
Table of Contents 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 …
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