University of Wisconsin–Madison

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The Wisconsin Law Review is a student-run journal of legal analysis and commentary that is used by professors, judges, practitioners, and others researching contemporary legal topics. The Wisconsin Law Review, which is published six times each year, includes professional and student articles, with content spanning local, state, national, and international topics.

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  • Volume 2026, No. 3

    The Tax Insurance Trap by Benjamin Silver; Merger Remedies Unbound by Dhruv Aggarwal, Albert H. Choi & Geeyoung Min; In Lieu of the NLRA by Gali Racabi; and Interstate Extradition by Ethan…

  • Volume 2026, No. 2

    We, the Watchers by Bennett Capers; Family Policing as Welfare Theatre by Tarek Z. Ismail; Civil Death by a Thousand Cuts by Eisha Jain; Surveillance Architectures by Arti Walker-Peddakotla.

  • Volume 2026, No. 1

    Contract Law and Civil Justice in Local Courts by Cathy Hwang & Justin Weinstein-Tull; Preempting Drug Price Reform by Shweta Kumar; Lessons Learned? COVID’s Continued Impact on Remote Work Disability Accommodations by…

  • Volume 2025, No. 6

    Adjudicating De Facto Parentage by Stephanie L. Tang; Behind the Bench: Unmasking the Judicial Role in North America’s Prolonged Access to Justice Crisis by Brajesh Ranjan; Abuse Victims Are Not Sleeping Away…

  • Volume 2025, No. 5

    Foreword by Miriam Seifter, Robert Yablon & Bree Grossi Wilde; The Next Chapter in Health Care Federalism: Expanding Medicaid from the Ground Up by Michelle Wilde Anderson & Lina Volin; Local Government…

  • Volume 2025, No. 4

    How Not to Democratize Algorithms by Ngozi Okidegbe; Missing Children Discrimination by Itay Ravid & Tanisha Brown; Justifications for Fair Uses by Pamela Samuelson; Section Three of the Fourteenth Amendment from the…

  • Volume 2025, No. 3

    Tax Sheltering Death Care by Victoria J. Haneman; Menstrual Justice After Dobbs by Margaret E. Johnson; Scrutinizing Succession by Carrie Stanton; The Neutral Criteria Myth by James Piltch; and Wisconsin’s Ideal Affirmative…

  • Volume 2025, No. 2

    Residual State Power to Regulate Presidential Qualifications in The Wake Of Trump v. Anderson and Moore v. Harper by Vikram David Amar; History, Tradition, and Voter Registration by Joshua A. Douglas; “The Real…

  • Volume 2025, No. 1

    Due Care in a Conservative Court by Hila Keren; Interpreting Congress by Joshua Ulan Galperin; Venue Diversion by Rosa Hayes; AI and Probabilistic Dispute Resolution by Zachary Henderson; and Failure to Supervise…

  • Volume 2024, No. 6

    Table of Contents Articles The New Glass Ceiling Andrea Kupfer Schneider, Abigail R. Bogli & Hannah L. Chin In every sector of the workforce, there is evidence of gender discrimination, inequality, and…

  • Volume 2024, No. 5

    The Role of State Justices in Advancing State Constitutional Law: Some Thoughts from Colorado by Jake Mazeitis & Hon. Melissa Hart; Constitutional and Administrative Innovation Through State Labor Law by Kate Andrias;…

  • Volume 2024, No. 4

    Getting Help by Kathryne M. Young; New Brandeis’s New Battleground by Jared M. Stehle; Algorithmic Judicial Ethics by Keith Swisher; Recognizing Partial AI Authorship: Toward a More Permissive Copyright Regime by Ryan…

  • Volume 2024, No. 3

    Hamilton’s Copyright and the Election of 1800 by Tejas N. Narechania; The Submerged Administrative State by Gabriel Scheffler & Daniel E. Walters; Killing Stays by Madalyn K. Wasilczuk; “With Intent to Destroy,…

  • Volume 2024, No. 2

    Stategraft vs. Corruption: A Survey Experiment by Bernadette Atuahene & Janice Nadler; Immigraft by Jayesh Rathod & Anne Schaufele; Stategraft in Public Assistance Programs by Spencer Headworth; White-on-Black Crime: Revisiting the Convict…

  • Volume 2024, No. 1

    Standing Between Private Parties by Thomas P. Schmidt; Cake-and-Eat-It-Too Clauses by Tanya J. Monestier; Preserving Sacred Sites and Property Law by Troy A. Rule; Rethinking Federal Inducement of Pretext Stops by Farhang…

  • Volume 2023, No. 6

    Reining in Recusals, by Justin C. Van Orsdol; Unconstitutional Police Pretexts, by Nadia Banteka; Can’t Get It out of My Head: Trade Secrets Liability for Remembered Information, by Timothy Murphy; Imperfect Precedent:…

  • Volume 2023, No. 5

    Special Issue: Public Law in the States. Foreword, by Allie Boldt, Miriam Seifter & Robert Yablon; Is Limiting Abortion a Pretext for Oligarchy? Abortion and the Quest to Limit Citizen-Initiated Ballot Rights…

  • Volume 2023, No. 4

    Freedom Not to See a Doctor: The Path Toward Over-the-Counter Abortion Pills, by Lewis A. Grossman; Immigration Law and Slavery: Rethinking the Migration or Importation Clause, by Geoffrey Heeren; Laundering Police Lies,…

  • Volume 2023, No. 3

    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;…

  • 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…

  • 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…

  • 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…

  • 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…

  • 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…

  • 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…

  • 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…

  • 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…

  • 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:…

  • Volume 2021, No. 5

    Foreword by Allie Boldt, Miriam Seifter, & Robert Yablon; State-Local Litigation Conflicts by Margaret H. Lemos; Enhanced State Constitutional Rights: Interpreting Two or More Provisions Together by Robert F. Williams; Federalism and…

  • Volume 2021, No. 4

    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…

  • Volume 2021, No. 3

    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…

  • Volume 2021, No. 2 (Symposium)

    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…

  • 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…

  • 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:…

  • 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…

  • 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…

  • 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…

  • 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…

  • 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 2026, No. 3

    The Tax Insurance Trap by Benjamin Silver; Merger Remedies Unbound by Dhruv Aggarwal, Albert H. Choi & Geeyoung Min; In Lieu of the NLRA by Gali Racabi; and Interstate Extradition by Ethan…

  • Skinny Labels’ Importance for Drug Competition

    U.S. consumers suffer from high drug prices. A lack of generic competition is one reason why. Congress enacted balanced landmark legislation in 1984 to promote competition and innovation. In the past few…

  • Volume 2026, No. 2

    We, the Watchers by Bennett Capers; Family Policing as Welfare Theatre by Tarek Z. Ismail; Civil Death by a Thousand Cuts by Eisha Jain; Surveillance Architectures by Arti Walker-Peddakotla.

  • No Third Term: Rejecting the Nonconsecutive Loophole

    The text of the Twenty-Second Amendment seems clear that a president cannot be elected to a third term: “No person shall be elected to the office of the President more than twice.”…

  • Volume 2026, No. 1

    Contract Law and Civil Justice in Local Courts by Cathy Hwang & Justin Weinstein-Tull; Preempting Drug Price Reform by Shweta Kumar; Lessons Learned? COVID’s Continued Impact on Remote Work Disability Accommodations by…

  • Volume 2025, No. 6

    Adjudicating De Facto Parentage by Stephanie L. Tang; Behind the Bench: Unmasking the Judicial Role in North America’s Prolonged Access to Justice Crisis by Brajesh Ranjan; Abuse Victims Are Not Sleeping Away…

  • Volume 2025, No. 5

    Foreword by Miriam Seifter, Robert Yablon & Bree Grossi Wilde; The Next Chapter in Health Care Federalism: Expanding Medicaid from the Ground Up by Michelle Wilde Anderson & Lina Volin; Local Government…

  • Volume 2025, No. 4

    How Not to Democratize Algorithms by Ngozi Okidegbe; Missing Children Discrimination by Itay Ravid & Tanisha Brown; Justifications for Fair Uses by Pamela Samuelson; Section Three of the Fourteenth Amendment from the…

  • Pocket Constitutions: America’s Founding Document in Small Print

    For a document that is usually found behind glass casing in museums and galleries, many have taken advantage of the ability to carry it in their purse, wallet—or better yet—their pocket. The…

  • Executive Branch Forum Shopping

    Courts agree that the federal government may not seize a person in the United States and immediately ship them off to a prison in another country without providing any opportunity for judicial…

  • Volume 2018, No. 6

    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…

  • Volume 2018, No. 5

    Articles: The Metasplit: The Law Applied After Transfer in Federal Question Cases by Jeffrey L. Rensberger, Property-as-Society by Timothy M. Mulvaney, The Private-Search Doctrine Does Not Exist by Ben A. McJunkin Comment:…

  • Volume 2018, No. 4

    Articles: I Am the Captain Now: Resisting Piracy and Contortion in the Copyright Marketplace by Maria A. Pallante, The Intersection Between Young Adult Sentencing and Mass Incarceration by Josh Gupta-Kagan, Aging in…

  • Volume 2018, No. 3

    Articles: The Jurisprudence of Uncertainty: Knowledge, Science, and Abortion by Mary Ziegler, Racial Character Evidence in Police Killing Cases by Jasmine B. Gonzales Rose, Law and Social Movements: Reimagining the Progressive Canon…

  • Volume 2018, No.2

    Articles: Democracy, Civil Society, and Public Interest Law by Catherine Albiston, The Keys to the Kingdom: Judges, Pre-hearing Procedure, and Access to Justice by Colleen F. Shanahan, Studying the “New” Civil Judges…

  • Volume 2018, No. 1

    Articles: The Erosion of Civil Rights and What to Do About It by Lynn Adelman, Disappearing Data by Agnieszka McPeak, “LOL No One Likes You”: Protecting Critical Comments on Government Officials’ Social…

  • Volume 2017, No. 6

    Articles: Federalism Hedging, Entrenchment, and the Climate Challenge by William W. Buzbee Economic Analysis of Labor Regulation by Hiba Hafiz Atlas Nods: The Libertarian Case for a Basic Income by Miranda Perry…

  • Volume 2017, No. 3

    Articles: Debunking the Stranger-in-the-Bushes Myth: The Case for Sexual Assault Protection Orders by Shawn E. Fields Tampon Taxes, Discrimination, and Human Rights by Bridget J. Crawford & Carla Spivack The Uneasy Case…

  • Volume 2017, No. 2

    Symposium Issue: Modern Federal Judicial Selection Articles: Filling the Seventh Circuit Vacancies by Carl Tobias Majority Rule and the Future of Judicial Selection by Michael J. Gerhardt & Richard W. Painter Cooperative…

  • Volume 2017, No. 1

    Address: Our Justice System at an Inflection Point by William C. Hubbard Articles: “Captured Boards”: The Rise of “Super Directors” and the Case for a Board Suite by Kobi Kastiel & Yaron…

  • Volume 2016, No. 6

    Articles: Is Assisted Procreation an LGBT Right? by Michael Boucai Crimmigration and the Void for Vagueness Doctrine by Jennifer Lee Koh The One-Year Bar to Asylum in the Age of the Immigration…

  • Volume 2016, No. 5

    Articles: Moving Forward by Looking Back: The Retroactive Application of Obergefell by Lee-ford Tritt Access to Justice: What to do About the Law of Wills by Iris J. Goodwin Scaffolding: Using Formal…

  • Volume 2016, No. 4

    Articles: Living to Fight Another Day: Judicial Deferral in Defense of Democracy by Rosalind Dixon & Samuel Issacharoff The Five Justices of Contract Law by Todd D. Rakoff Commentary: The Costs of…

  • Volume 2016, No. 3

    Symposium Issue: Critical Race Theory and Empirical Methods Empirical Methods and Critical Race Theory: A Discourse on Possibilities for a Hybrid Methodology by Mario L. Barnes Public Health Critical Race Praxis: An…

  • Volume 2016, No. 2

    Commentary Disparaging the Supreme Court, Part II: Questioning Institutional Legitimacy by Brian Christopher Jones Three Wrongs Do Not Make a Right: Federal Sovereign Immunity, the Feres Doctrine, and the Denial of Claims…

  • Volume 2016, No. 1

    Address All in the Family: A Legacy of Public Service and Engagement— Edward and Thomas Fairchild by R. Nils Olsen, Jr. Articles Religious Discrimination Based on Employer Misperception by Dallan F. Flake…

  • Volume 2015, No. 6

    Table of Contents Articles Bystander Interventions By Sarah L. Swan Bystander intervention strategies are emerging as a popular proposed solution to complex social problems like bullying in schools and online, sexual misconduct…

  • Volume 2015, No. 5

    Table of Contents Articles Who’s Really Sentenced to Life Without Parole?: Searching for “Ugly Disproportionalities” in the American Criminal Justice System By Craig S. Lerner Critics argue that the American criminal justice…

  • Volume 2015, No. 4

    Table of Contents In Memoriam Tributes to Robert W. Kastenmeier Robert W. Kastenmeier died on March 20, 2015, at the age of ninety-one. After serving in the Army in World War II,…

  • Volume 2015, No. 3

    Articles Detrimental Reliance on IRS Guidance By Emily Cauble The IRS issues different types of guidance to taxpayers, and the extent to which taxpayers can rely on IRS guidance depends on the…

  • Volume 2015, No. 2

    Symposium Issue — Beyond the Sentence: Collateral Consequences of Conviction Criminal Justice Reform: The Present Moment By Lynn Adelman I thank the editors of the Wisconsin Law Review for the opportunity to participate…

  • Volume 2015, No. 1

    Thomas E. Fairchild Lecture: Protecting the Fourth Amendment So We Do Not Sacrifice Freedom for Security By Collins T. Fitzpatrick After I was invited to speak, I gave a lot of thought…

  • Volume 2014, No. 6

    Articles The Hidden Daubert Factor: How Judges Use Error Rates in Assessing Scientific Evidence By John B. Meixner & Shari Seidman Diamond In Daubert v. Merrell Dow Pharmaceuticals, the United States Supreme…

  • Volume 2014, No. 5

    Articles Voter Privacy in the Age of Big Data By Ira S. Rubinstein This Article suggests that political dossiers may be the largest unregulated assemblage of personal data in contemporary American life.…

  • Volume 2014, No. 4

    Articles Policing the Line: International Law, Article III, and the Constitutional Limits of Military Jurisdiction By Jonathan Hafetz This Article addresses an important but undertheorized question in existing jurisprudence and scholarship: the…

  • Volume 2014, No. 3

    Articles Presidential Government and the Law of Property By Seth Davis This Article introduces a phenomenon that has been overlooked in the literature on property lawmaking: presidential governance of property law. On…

  • Volume 2014, No. 2

    Symposium Issue — Safety and Sustainability in the Era of Food Systems: Reaching a More Integrated Approach The Specter of Productivism and Food Democracy By Olivier De Schutter The productivist paradigm we have…

  • Volume 2014, No. 1

    Thomas E. Fairchild Lecture: The War on Drugs By The Honorable William J. Bauer I was addicted to one drug and it was nicotine. From the time I was fourteen until I…

  • Volume 2013, No. 6

      Tribute Stewart Macaulay: A Few Personal Reflections By Elizabeth Warren Stewart Macaulay has influenced legions of scholars. I count myself among their fortunate ranks. Book Review On the Empirical and the…

  • Volume 2013, No. 5

    Articles Congressional Gridlock’s Threat to Separation of Powers By Michael J. Teter The principle of separation of powers serves as the foundation of our constitutional system. Though the doctrine’s meaning is somewhat…

  • Volume 2013, No. 4

    Articles Software Patents and the Return of Functional Claiming By Mark A. Lemley Commentators have observed for years that patents do less good and cause more harm in the software industry than…

  • Volume 2013, No. 3

    Professor James E. Jones, Jr. A Tribute to Professor James E. Jones, Jr.: In Honor of an “Honor Man” By Mario L. Barnes I met Professor Jim Jones, quite accidentally, within days…

  • Volume 2013, No. 2

    Symposium Issue — Thirty Years of Comparative Institutional Analysis: A Celebration of Neil Komesar The Logic of the Law and the Essence of Economics: Reflections on Forty Years in the Wilderness By…

  • Volume 2013, No. 1

    Address Inequality, Individualized Risk, and Insecurity By Michael J. Zimmer The Thomas E. Fairchild Lecture University of Wisconsin Law School April 27, 2012 Colloquium Introduction: Measuring Value By Meredith J. Ross I…

  • Volume 2012, No. 1

      Article First Amendment Architecture By Marvin Ammori The right to free speech is meaningless without some place to exercise it. But constitutional scholarship generally overlooks the role that judicial doctrine plays…

  • Volume 2012, No. 2

    Symposium: The Changing Role and Nature of In-House Counsel In Memory of Larry E. Ribstein The Wisconsin Law Review dedicates this Symposium issue to Larry E. Ribstein. Before he passed away in…

  • Volume 2012, No. 3

      Article Thinking Outside the (Tax) Treaty By Adam H. Rosenzweig While the legal literature contains numerous discussions on how to increase cooperation and resolve disputes in trade, investment, environment, intellectual property,…

  • Volume 2012, No. 4

    Address Bridging the Divide between Congress and the Courts By Barbara B. Crabb Most people give little thought to the relationship between Congress and the federal courts. It is the divide between…

  • Volume 2012, No. 5

      Articles An Invisible Union for an Invisible Labor Market: College Football and the Union Substitution Effect By Michael H. LeRoy Should college football players have collective bargaining rights? The National Collegiate…

  • Volume 2012, No. 6

    Article Selective Disclosure by Federal Officials and the Case for an FGD (Fairer Government Disclosure) Regime By Donna M. Nagy & Richard W. Painter This Article addresses a problem at the intersection…

  • Volume 2011, No. 1

      Address Abraham Lincoln: A Lawyer “For the Ages” By John S. Skilton From the Prairie to the Presidency–And Beyond Article Criminalizing the Denial of Honest Services After Skilling By Elizabeth R.…

  • Volume 2011, No. 2

    Symposium: Intergenerational Equity and Intellectual Property In Memory of Keith Aoki The Wisconsin Law Review would like to dedicate this issue to Keith Aoki, Professor at the UC-Davis School of Law (King…

  • Volume 2011, No. 3

    Articles The Disappearing Opt-Out Right in Punitive-Damages Class Actions By Richard Frankel One of the most pressing issues in punitive-damages law today is how to protect defendants from multiple punitive-damages awards for…

  • Volume 2011, No. 4

    Tribute to Dean Emeritus Kenneth B. Davis, Jr., John A. Kidwell, & R. Alta Charo Articles Justice Stevens, Religion, and Civil Society By Gregory P. Magarian Did Justice John Paul Stevens, who…

  • Volume 2011, No. 5

    Articles The Properties of Instability: Markets, Predation, Racialized Geography, and Property Law By Audrey G. McFarlane A central, symbolic image supporting property ownership is the image of stability. This symbol motivates most…

  • Volume 2011, No. 6

    Articles Moral Equilibrium: Stock Brokers and the Limits of Disclosure by Robert A. Prentice At this writing, the SEC is pursuing one of the charges given it by Congress in the Dodd-Frank…

  • Volume 2010, No. 1

    Articles Bailouts and Credit Cycles: Fannie, Freddie, and the Farm Credit System By Julie Andersen Hill In September 2008, the United States government seized mortgage giants Fannie Mae and Freddie Mac. Since…

  • Volume 2010, No. 2

      Symposium: New Governance and the Transformation of Law Foreword   New Governance and Experimentalism: An Introduction Gráinne de Búrca   Governance, Accountability, and the New Poverty Agenda Wendy A. Bach  …

  • Volume 2010, No. 3

    Articles The Death of Big Law By Larry E. Ribstein Large law firms face unprecedented stress. Many have dissolved, gone bankrupt, or significantly downsized in recent years. This Article provides an economic…

  • Volume 2010, No. 4

      Essay Reimagining Criminal Justice By Cecelia Klingele, Michael S. Scott & Walter J. Dickey The criminal justice system needs more than reform. It requires reimagining. In its present state, by every…

  • Volume 2010, No. 5

      Articles Breaking Bucks in Money Market Funds By William A. Birdthistle This Article argues that the Securities and Exchange Commission’s first and most significant response to the economic crisis increases rather…

  • Volume 2010, No. 6

      Articles The Rules and Standards of Patentable Subject Matter By Tun-Jen Chiang The general understanding of the rules-versus-standards debate is that it involves a trade off between administrative costs and error…

  • Volume 2009, No. 1

    Address Thoughts on How the Legal System Treats Jurors By United States Attorney Patrick J. Fitzgerald The Thomas E. Fairchild Lecture, University of Wisconsin Law School, April 18, 2008. Article Judicial Independence…

  • Volume 2009, No. 2

      Symposium: The Continuing Evolution of Securities Class Actions Basic at Twenty: Rethinking Fraud on the Market By Donald C. Langevoort   Counterfactual Keys to Causation and Damages in Shareholder Class-Action Lawsuits…

  • Volume 2009, No. 3

    Articles Resolving the Foreclosure Crisis: Modification of Mortgages in Bankruptcy By Adam J. Levitin This Article empirically tests the economic assumption underlying the policy against bankruptcy modification of home-mortgage debt—that protecting lenders…

  • Volume 2009, No. 4

    Articles The Puzzling Persistence of the Single-Entity Argument for Sports Leagues: American Needle and the Supreme Court’s Opportunity to Reject a Flawed Defense By Gabriel Feldman Later this term, the Supreme Court…

  • Volume 2009, No. 5

    Article Institutional Inequality By Catherine Albiston Employment discrimination statutes generally treat inequality as the product of discriminatory animus, but this approach undertheorizes how institutions construct identities and generate inequality. Drawing on neoinstitutionalist…

  • Volume 2009, No. 6

    Articles Public Access to Information on Private Land Conservation: Tracking Conservation Easements By Amy Wilson Morris & Adena R. Rissman Conservation easements reveal major tensions between the privacy concerns of landowners and…

  • Volume 2008, No. 1

    Address Snapshots from the Seventh Circuit: Continuity and Change, 1966–2007 By Hon. Diane P. Wood The Fairchild Lecture, University of Wisconsin Law School, April 27, 2007 Articles Nonprosecution Agreements as Contracts: Stolt-Nielsen…

  • Volume 2008, No. 2

      Symposium: The Future of Monopoly and Monopolization The Spectrum of Monopolism: An Introduction to the Future of Monopoly and Monopolization By Albert A. Foer An Overview of Section 2 Enforcement and…

  • Volume 2008, No. 3

    Articles The Proper Role of Courts: The Mistakes of the Supreme Court in Leegin By Lance McMillian Separation of powers matters. Accordingly, each branch of the federal government should remain faithful to…

  • Volume 2008, No. 4

    Articles Human Dignity Under the Fourth Amendment By John D. Castiglione In this Article, I propose that human dignity, as defined, should stand alongside privacy as a primary animating principle of the…

  • Volume 2008, No. 5

    Articles Taxation Without Liquidation: Rethinking “Ability to Pay” By Sergio Pareja This Article proposes a novel way to tax wealth transfers. Specifically, it suggests that we divide all assets transferred by gift…

  • Volume 2008, No. 6

    Articles Is Prison Increasing Crime? By Martin H. Pritikin Scholars have identified various ways in which incarceration may unintentionally cause crime. What the literature lacks, however, is an attempt to catalog all…

  • Volume 2007, No. 1

    Address Thomas E. Fairchild: A Judge’s Legacy By The Honorable Joan H. Lefkow In Memoriam Tributes to Thomas E. Fairchild   Articles Is It “Charitable” to Discriminate?: The Necessary Transformation of Section…

  • Volume 2007, No. 2

      Symposium: Intimacy, Race, Marriage, and the Meanings of Equality: Perspectives on the 40th Anniversary of Loving v. Virginia Loving and the Legacy of Unintended Consequences By Rachel F. Moran   Taking…

  • Volume 2007, No. 3

    Articles When Second Comes First: Correcting Patent’s Poor Secondary Incentives Through an Optional Patent Purchase System By Jordan Barry   Stealing the American Dream: Can Foreclosure-Rescue Companies Circumvent New Laws Designed to…

  • Volume 2007, No. 4

    Articles Constructive Nonvolition in Patent Law and the Problem of Insufficient Thought Control By Kevin Emerson Collins Postnuptial Agreements By Sean Hannon Williams Comment Supervised Release Under Chapter 980: Alternatives To Protect…

  • Volume 2007, No. 5

    Articles Laws Against Bubbles: An Experimental-Asset-Market Approach to Analyzing Financial Regulation By Erik F. Gerding   Introducing a Takedown for Trade Secrets on the Internet By Elizabeth A. Rowe Comment A More…

  • Volume 2007, No. 6

    Address Bayh-Dole: Wisconsin Roots and Inspired Public Policy By Carl E. Gulbrandsen Articles Habeas Without Rights By Jared A. Goldstein   A Critical Reassessment of the GAO Bid-Protest Mechanism By Robert S.…