Volume 2021, No. 4

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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

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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 changed. This Article follows sanctuary’s changing moral content by studying the reasons that states and localities give when they adopt …

Volume 2021, No. 2 (Symposium)

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Table of Contents Articles The Wisconsin Law Review: One Hundred Years of Creativity, Continuity, and Change by The Honorable Hiram E. Puig-Lugo This issue explores the intellectual history and traditions of the University of Wisconsin Law School as the Wisconsin Law Review celebrates its 100th anniversary. It represents yet another example of the valuable contributions …

Volume 2021, No. 1

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 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 the different doctrines that allocate authority among these institutions, one that has led to confusion surrounding the relationship between appellate …

2021 Thomas Fairchild Lecture

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"My name is Dan Tokaji. I'm the Dean of the University of Wisconsin Law School, and I'm delighted to welcome you to the first Thomas Fairchild Lecture of my deanship and our first virtual Fairchild Lecture... We have an extraordinary speaker for this evening, David Maraniss... David is an acclaimed Pulitzer Prize winning journalist and best-selling author who has in his various books chronicled American life through the lens of sports figures, U.S. Presidents, and everyday heroes. He's an associate editor at The Washington Post and a distinguished visiting professor at Vanderbilt. He's won two Pulitzer Prizes for journalism and was a finalist three other times."

The Seventh Circuit Fires a Warning Shot: “Rights and Benefits” Includes Paid Military Leave When Employers Offer Pay for “Comparable Absences”

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As a matter of first impression in the federal appellate courts, a three-judge Seventh Circuit panel broadly interpreted the Uniformed Services Employment and Reemployment Act (“USERRA”), to require private employers under some circumstances to provide paid leave to employees absent from work due to military service. White held that an employer’s failure to provide paid military leave, while on the other hand offering paid leave for other comparable leaves of absence, impermissibly violates USERRA’s equal-treatment rule for reservists and National Guardsmen. The net effect of this holding is clear: service members and employers must understand the Seventh Circuit’s reasoning and its future impact on employment policies and practices.

Changing Demographics and the Future of Religious Exercise

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Post-Enlightenment Western religion, and legal frameworks responding to it, place special emphasis on individuality and personal conscience. But as the racial and ethnic makeup of the nation evolves, an increasing portion of the nation’s population follows religious traditions that emphasize communal practices. Thus, as demographics change, the appearance of religious exercise will change too. Recent scholarly critique, which questions robust protections for religious free exercise, should consider how certain protections may be particularly valuable for minority, but growing, religious perspectives. Specifically, protections for institutional free exercise and religious land use, with the proper limitations, should be seriously considered as desirable safeguards of minority rights. Such approaches to religious liberty law would respect the communal and embodied nature of religious life which looks to expand in years to come.

Volume 2020, No. 6

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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

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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

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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