2022

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

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

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Foreword: Willard Hurst’s Unpublished Manuscript on Law, Technology, and Regulation by BJ Ard & William J. Novak, Chapter Eight—Technology and the Law: The Automobile by James Willard Hurst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

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

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