Volume 2021, No. 1

 Table of Contents Articles Appellate Courts and Civil Juries by Adam N. Steinman In federal civil litigation, decision-making power is shared by juries, trial courts, and appellate courts. This Article examines an unresolved tension in …

Volume 2020, No. 6

Articles: The State of Restorative Justice in American Criminal Law by Thalia González, Targets of Opportunity? The History, Law and Practice of Affirmative Action in University Faculty Hiring by Jason Yackee

Comment: One Step Forward: Compassionate Release under the First Step Act by Michael Doering

Note: Closing the Door on Anti-Cohabitation Policies: Martial Status Protections for Unmarried Couples by Connor Clegg

News of the School

Volume 2020, No. 5

Articles: A Short Treatise on Sports Gambling and the Law: How America Regulates its Most Lucrative Vice by John T. Holden & Marc Edelman, Merger Breakups by Menesh S. Patel

Essay: In Too-Big-To-Fail We Trust: Ethics and Banking in the Era of COVID-19 by Nizan Geslevich Packin

Comments: A Willful Choice: The Ineffective and Incompassionate Application of Wisconsin’s Criminal Laws in Combating the Opioid Crisis by Emily O’Brien, Optimized for Addiction: Extending Product Liability Concepts to Defectively Designed Social Media Algorithms and Overcoming the Communications Decency Act by Allison Zakon

Volume 2020, No. 4

Articles: The Non-Adversarial Fiction of Immigration Adjudication by Beth K. Zilberman, Offers You Can’t Refuse: Post-Hire Noncompete Agreement Insertions and Procedural Unconscionability Doctrine by N. Brock Enger

Essay: Conscience Shocking in the Age of Trump by Lee Farnsworth

Comments: The Cheese Stands Alone: Wisconsin’s “Quirky” Partial Veto In Its New Constitutional Era by Alyssa LeRoy, Taking Artificial Intelligence Beyond the Turing Test by Patric M. Reinbold

Volume 2020, No. 3

Essays: The New Realism in Business Law and Economics: Introduction by Claire A. Hill, Frequent Filer Shareholder Suits in the Wake of Trulia: An Empirical Study by Sean J. Griffith, Bias, Identity and M&A by Afra Afsharipour, The Fallacy of Director Independence by Yaron Nili, Repetition, Ritual, and Reputation: How Do Market Participants Deal with (Some Types of) Incomplete Information? by Claire A. Hill, Complete Contracts in Finance by Elisabeth de Fontenay, Path Dependence, Information, and Contracting in Business Law and Economics by Robert Anderson IV, Transformation Cost Engineering by Matthew Jennejohn, Boilerplate Semantics: Judging Natural Language in Standard Deal Contracts by Jeremy McClane, Revising Boilerplate: A Comparison of Private and Public Company Transactions by Robert E. Scott, Stephen J. Choi, & Mitu Gulati, Beyond Internal and External: A Taxonomy of Mechanisms for Regulating Corporate Conduct by Ann M. Lipton

2019 News of the School

Volume 2020, No. 2

Keynote Lecture: Eight Futures of the Nondelegation Doctrine by Andrew Coan

Essays: Eighty Years of Federalism Forbearance: Rationing, Resignation, and the Rule of Law by Gil Seinfeld, Rationing the Constitution vs. Negotiating It: Coan, Mud, and Crystals in the Context of Dual Sovereignty by Erin Ryan, Judicial Capacity, Causation, and History: Next Steps for the Judicial Capacity Model by David S. Schwartz, Comparative Capacity and Competence by Eric Berger, Justifying Judicial Modesty by Stuart Chinn, Gerrymandering and Judicial Incapacity by Edward L. Rubin, Judicial Capacities by Jane S. Schacter, Docket Control, Mandatory Jurisdiction, and the Supreme Court’s Failure in Rucho v. Common Cause by Carolyn Shapiro, What Do Constitutional Law Professors Do? by David Fontana, Rations and Takings by Carol M. Rose, Leaving the Land of Easy Answers: Regulatory Takings, Rucho and the Nature of Constitutional Analysis by Neil Komesar, Extra-Judicial Capacity by Miriam Seifter, A Republic, If the Courts Can Keep It? by Laurence Claus, Baller Judges by Jon D. Michaels

Volume 2020, No. 1

Articles: Affirmative Action as Transitional Justice by Yuvraj Joshi, Eminent Domain Law as Climate Policy by Alexandra B. Klass, Administrative Reasonableness: An Empirical Analysis by Alyse Bertenthal

Volume 2019, No. 6

Articles: The Exceptionalism Norm in Administrative Adjudication by Emily S. Bremer, Revisiting Contempt of Congress by E. Garrett West, On Amplification: Extralegal Acts of Feminist Resistance in the #MeToo Era by Shelley Cavalieri

Comment: A Path to Protection: Collateral Crime Vacatur for Wisconsin’s Victims of Sex Trafficking by Kelsey Mullins

Note: When Roles Collide: Deference, Due Process, and the Judicial Dilemma by Amy Buchmeyer

Volume 2019, No. 5

Articles: Patent Law’s Philosophical Fault Line by Matthew G. Sipe, Promising Justice: Contract (As) Social Responsibility by Jonathan C. Lipson, Contemptuous Tax Reporting by Israel Klein, Feigned Consensus: Usurping the Law in Shaken Baby Syndrome/Abusive Head Trauma Prosecutions by Keith A. Findley et al.
Comments: Dairy Farms and H-2A Harms: How Present Immigration Policy is Hurting Wisconsin and Immigrant Workers by Julia Jagow,Damning the Mekong: Project Finance’s Inability to Cure the Steep Costs of Hydropower Development in the Mekong River Basin by Brian P. Cawley

Volume 2019, No. 4

Articles: Free Exercise (Dis)Honesty by James M. Oleske, Jr., The Pro-Gentrification Origins of Place-Based Investment Tax Incentives and a Path Toward Community Oriented Reform by Michelle D. Layser, Law Enforcement in the American Security State by Wadie E. Said, On Locs, “Race,” and Title VII by Ronald Turner, Partisan Constitutionalism: Reconsidering the Role of Political Parties in Popular Constitutional Change by Brian Highsmith
Comment:  Making “Explicit Authority” Explicit: Deciphering Wis. Act 21’s Prescriptions for Agency Rulemaking Authority by Kirsten Koschnick