Print

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

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

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

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

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

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

Lecture: Thomas E. Fairchild Lecture Civic Education and the Federal Courts by Robert A. Katzmann
Articles: Baseball’s Antitrust Exemption for Franchise Decisions: Its Justifications and Antitrust Law Implications for Other Professional Leagues by Allan H. (“Bud”) Selig, Thomas J. Ostertag, & Matthew J. Mitten, Citizens United as Bad Corporate Law by Jonathan Macey & Leo E. Strine, Jr., The Case for American Muslim Arbitration by Rabea Benhalim
Comments: Printing for the Perfect Fit: Balancing FDA Regulation of 3D Printed Medical Devices by Rachel Dykema, Step One to Recusal Reform: Find an Alternative to the Rule of Necessity by Skylar Reese Croy
Supplement to Volume 2018: News of the School

Articles: Systematic Regulation of Systemic Risk by Steven L. Schwarcz, What Makes the Death Penalty Arbitrary? (And Does It Matter If It Is?) by Chad Flanders
Comment: Don’t Whistle While You Work: Wisconsin’s Vanishing Protections for Public Employee Whistleblowers by Corey Triggs

Articles: Its Own Dubious Battle: The Impossible Defense of an Effective Right to Strike by Ahmed White, Insider Trading and the Integrity of Mandatory Disclosure by James J. Park
Comment: Neither Seen nor Heard: Impeachment by Prior Conviction and the Continued Failure of the Wisconsin Rule to Protect the Criminal Defendant-Witness by Alexander Straka
Notes: Blurring the Denominator: Murr v. Wisconsin and the Increasing Complexity of Takings Analysis by Andrew C. Gresik, Death by Denominator: Reconsidering Constitutional Intra-State Deference in an Age of “Emergency Management” by Collin Weyers