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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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Print Issues of Wisconsin Law Review

Volume 2024

  • 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, in Whole or in Part”: Genocide, Ethnic Cleansing, and a Lost History by Alexander K.A. Greenawalt; Hot Apps: Recalibrating IP to Address Online Software by David Stein; Off-Label Preemption by David A. Simon.

  • 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 Leasing Narrative by Ion Meyn; The Commodification of Children and the Poor, and the Theory of Stategraft by Daniel L. Hatcher; Tax Enforcement at the Intersection of Social Welfare and Vulnerable Populations by Michelle Lyon Drumbl; Centering the State in Stategraft: Reforming Abusive Local Governments Requires State Law Reform by Michelle Wilde Anderson; Exacting Assessments: Sheetz and the Problem of Stategraft by Christopher Serkin; Automated Stategraft:  Electronic Enforcement Technology and the Economic Predation of Black Communities by Sonia M. Gipson Rankin, Melanie Moses & Kathy L. Powers; Are Municipal Fines and Fees Tools of Stategraft? by Dick M. Carpenter II, Jamie Cavanaugh & Sam Gedge.

  • 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 Heydari; Property as National Security by Matthew S. Erie; More Rights, More Responsibilities: A Post-Bruen Proposal for Concealed Carry Compromise by Tyler S. Smotherman; Supplement to Volume 2024: News of the School; Call for Solidarity: The Wisconsin Law Review Joins Coalition of Law Journals in Call for Compensation.

Volume 2023

  • 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: Applying the Proper Perspective to Copyright, by James M. Twieg; Disrupting the Jail-to-Deportation Pipeline in Wisconsin, by Ben Levey; If It Walks Like a Duck: Revisiting the National Labor Relations Board’s Political Subdivision Test, by John Chick; Cleaning up the Opioid Crisis: Emerging Public Nuisance Liability in Opioid Litigation, by Stephen Goettsche

  • 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 in Ohio, by Jennifer Brunner; Public Law Litigation and Electoral Time, by Zachary D. Clopton & Katherine Shaw; Family Court as Problem Solving?, by Tonya L. Brito & Daanika Gordon; Dobbs, Democracy, and Dysfunction, by David Landau & Rosalind Dixon; From Rights Arguments to Structure Arguments: The Next Stage of the New Judicial Federalism, by Robert F. Williams; States of Emergency: COVID-19 and Separation of Powers in the States, by Richard Briffault; The (Local) Prosecutor, by Carissa Byrne Hessick & Rick Su; Constitutional Accountability through State Tort Law, by Nancy Leong; Home Rulings, by Nestor M. Davidson; Election Administration as a Licensed Profession, by Ganesh Sitaraman & Kevin M. Stack; Our Federalism and Our National Democracy: Complements or Foes?, by Aziz Z. Huq

  • 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, by Adam M. Gershowitz & Caroline E. Lewis; A Revolution without a Cause: The Digital Markets Act and Neo-Brandeisian Antitrust, by Yunsieg P. Kim; International Tax Policy’s Harm to Manufacturing and National Interests, by James R. Repetti; The Puck Stops Here: A Legal Argument for the Establishment of a Domestic Violence Policy in the National Hockey League, by Sarah E. Cannon; Begging the Question: Judicial Review of Ballot Questions for Referred State Constitutional Amendments in Wisconsin, by Taylor A. Hatridge; Breaking the Green Washing Wave: The Need for ESG-Friendly Securities Fraud Class Action Standards Post-Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement System, by Jessica Biggott

  • 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; Equalizing Remediation, by Chinonso Anozie; How Much Do Investors Care About Social Responsibility?, by Scott Hirst, Kobi Kastiel & Tamar Kricheli-Katz

  • 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 J. Segall; Religious Liberty For All? A Religious Right to Abortion, by Caroline Mala Corbin; What It Takes to Curb the Court, by Barry Friedman; The Court and the Constitution, by Lori A. Ringhand; The Case for Expanding the Anticanon of the Constitution, by Ilya Somin; Supreme Myth Busting: How the Supreme Court Has Busted its Own Myths, by Michael J. Gerhardt; Fixing the Confirmation Process, Or Fiddling While Rome Burns, by Caroline Fredrickson; The October 2021 Term and the Challenge to Progressive Constitutional Theory, by J. Joel Alicea; A Normal Supreme Court, by Eugene Volokh

  • 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 in the Federal Trade Commission Act, by Samuel Evan Milner, P.h. D., J.D.; Is Corporate Law Nonpartisan? by Ofer Eldar & Gabriel Rauterberg; The Benefit of the Bargain, by Mark A. Lemley; Does Mens Rea Matter? by Matthew L. Mizel, Michael Serota, Jonathan Cantor, & Joshua Russell-Fritch; Let Them Play Ball: Seeking Solutions to the Recent Spate of Trans Sports Bans, by Sophia R. Pfander; Protecting All Parties in Compensated Gestational Surrogacy Agreements: Adopting the New York State (of Mind) Approach, by Kiara Butler

Volume 2022

  • 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 lenses: (1) limited …

  • 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 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

  • 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 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

  • 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 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

  • 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 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

  • 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 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

Volume 2021

  • 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: Judicial Campaign Finance and Election Timing by Michael S. Kang & Joanna Shepherd

    Comments: Ignoring the Cries of Black Mamas: Looking Beyond Tort Law to Ensure that Black Mothers Are Heard During Childbirth by Elise Ashley; Trojan Unicorn: Exploiting Religious Exemptions to Advance LGBTQIA+ Law by Riley Palmer; Anderson-Burdick, Democracy, and Tradition in the Republic of Palau by Ketib Oldiais

  • 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 Federal Rights Minimalism: Overlooked Effects on State Court Education Litigation in Wisconsin by Helen Hershkoff & Nathan D. Yaffe; Zombie State Constitutional Provisions by Maureen E. Brady; Federalism and the Limits of Subnational Political Heterogeneity by James A. Gardner; Measuring State Capture by Pamela J. Clouser McCann, Douglas M. Spencer, & Abby K. Wood; Tournament Elections with Round-Robin Primaries: A Sports Analogy for Electoral Reform by Edward B. Foley; Legislative Administration by Maria Ponomarenko; Federalism in the States: What States Can Teach About Commandeering by Fred O. Smith, Jr.; Localism All the Way Up: Federalism, State-City Conflict, and the Urban-Rural Divide by Richard C. Schragger; Exclusionary Zoning’s Confused Defenders by David Schleicher

  • 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 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

    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 …

  • 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 University of Wisconsin …

  • 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

  • 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

  • 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

  • Volume 2019, No. 3

    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

  • Volume 2019, No. 2

    Symposium Issue. Introduction: Introduction to the 2018 Wisconsin Law Review Symposium Issue: Wills, Trusts, and Estates Meets Gender, Race, and Class by Carla Spivack Keynote lecture: Dismantling the Trusts and Estates Canon by Naomi Cahn Articles: Broken Links: A Critique of Formal Equality in Inheritance Law by Carla Spivack, Engendering Trust by Deborah S. Gordon, Voice, Strength, and No-Contest Clauses by Karen J. Sneddon, Wills Formalities in the Twenty-First Century by Bridget J. Crawford, Disrupting the Wealth Gap Cycles: An Empirical Study of Testacy and Wealth by Danaya C. Wright, Freedom of Disposition v. Duty of Support: What’s a Child Worth? by Phyllis C. Taite, Big Data and the Modern Family by Shelly Kreiczer-Levy, The Stranger-to-the-Marriage Doctrine: Judicial Construction Issues Post-Obergefell by Lee-ford Tritt

  • Volume 2019, No. 1

    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

Volume 2018

  • 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 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

  • 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: Reading Sexual Orientation Protections into Title VII: A Moral Revitalization Theory of Statutory Interpretation by Charles J. Ureña

  • 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 the 21st Century: Using Neuroscience to Assess Competency in Guardianships by Betsy J. Grey, The Merger Incipiency Doctrine and the Importance of “Redundant” Competitors by Peter C. Carstensen & Robert H. Lande

  • 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 by Scott L. Cummings, The LGBT Disconnect: Politics and Perils of Legal Movement Formation by Marie-Amélie George Comments: The Explosive Recall: Proposing Solutions to Handle the Void Left by the Takata Bankruptcy by Justin Top, The Use of Wisconsin’s Bail Jumping Statute: A Legal and Quantitative Analysis by Amy Johnson

  • 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 by Anna E. Carpenter et al., Simplicity as Justice by Kathryn A. Sabbeth. Essay: Toward Universal Deportation Defense: An Optimistic View by Michael Kagan

  • 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 Media Posts Under the Right to Petition by Dr. JoAnne Sweeny, Fixing What's Wrong With How Universities Adjudicate Sexual Misconduct Claims: How Procedural Change Can Encourage Cooperation by Tammi Walker. Comment: #AIRBNBWHILEBLACK: Repealing the Fair Housing Act's Mrs. Murphy Exemption to Combat Racism on Airbnb by Brenna R. McLaughlin

Volume 2017

  • 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 Fleischer & Daniel Hemel Comment: Not Just a Fantasy: The Real Benefits of Daily Fantasy Sports Legislation for Wisconsin by Brian C. Miller

  • Volume 2017, No. 5

    Articles: The Foundations of Constitutional Theory by Andrew Coan One Person, No Votes: Unopposed Candidate Statutes and the State of Election Law by Noah B. Lindell Crimmigration-Counterterrorism by Margaret Hu Comment: The Doctor Will See You Now-From 100 Miles Away: Navigating Physician Non-Compete Agreements in the Age of Telemedicine by Greta Mattison Megna

  • Volume 2017, No. 4

    Articles: Business, Corruption, and Human Rights: Towards a New Responsibility for Corporations to Combat Corruption by David Hess The Tragedy of Elephants by Branden D. Jung Winning the Battle, Losing the War?: Assessing the Impact of Misclassification Litigation on Workers in the Gig Economy by V.B. Dubal Note: Lewis v. Epic: An Employee Arbitration Odessey by Andrew J. Fabianczyk

  • 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 for Patent Federalism by Roger Allan Ford Comment: Clearing the Path from Trailhead to Summit with a Leave No Trace Law by Samuel 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 Judicial Nomination During the Obama Administration by David Fontana Is There Really a Diversity Conundrum? by Theresa M. Beiner How Political Ideology Undermines Racial and Gender Diversity I Federal Judicial Selection: The Prospects for Judicial Diversity in the Trump Years by Kevin R. Johnson Diversity, Qualification, and Ideology: How Female and Minority Judges Have Changed, or Not Changed, Over Time by Maya Sen A Tale of Two Justices: Brandeis, Marshall, and Federal Court Judicial Diversity by Linda Sheryl Greene

  • 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 Nili The Case for Symmetry in Antidiscrimination Law by Naomi Schoenbaum Note: Let This Jardines Grow: The Case for Curtilage Protection in Common Spaces by Kathryn E. Fifield Comment: TIF-for-Tax: Upholding TIF’s Original Purpose and Maximizing Its Use as a Catalyst for Community Economic Development by Bryon Eagon

Volume 2016

  • 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 Court Backlog by Lindsay M. Harris Note: Bell v. Itawamba County School Board: Testing the Limits of First Amendment Protection of Off-Campus Student Speech by Margaret Malloy Other: News of the School Author Index

  • 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 Contracts to Support Informal Relations in Support of Innovation by Gillian K. Hadfield & Iva Bozovic Comment: Exploding Trains in the Wake of the Crude-by-Rail Boom: The Distribution of Liability in Crude-Train Derailments by Jack Huerter

  • 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 Staying Put: The Stay-Put Provision’s Competing Interpretations and Financial Implications by James Radcliffe Decency, Evolved: The Eighth Amendment Right to Transition in Prison by Dan Schneider

  • 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 Introduction, an Intervention, and Three Points for Consideration by Chandra L. Ford Racial Horizons and Empirical Landscapes in the Post-ACA World by Shaun Ossei-Owusu Black Community Control over Police by M Adams & Max Rameau Black Lives Matter and Respectability Politics in Local News Accounts of Officer-Involved Civilian Deaths: An Early Empirical Assessment by Osagie K. Obasogie & Zachary Newman Microclimates of Racial Meaning: Historical Racial Violence and Environmental Impacts by Geoff Ward Adjudicating Risk: AIDS, Crime, and Culpability by Aziza Ahmed Institutionalizing Essentialism: Mechanisms of Intersectional Subordination Within the LGBT Movement by Gwendolyn M. Leachman

  • 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 Brought by Military Mothers and Their Children for Injuries Sustained Pre-birth by Tara Willke Articles Horizontal Innovation and Interface Patents by Bernard Chao Disfavored Treatment of Third-Party Guilt Evidence by David S. Schwartz & Chelsey B. Metcalf Comment You Get What You Pay For: Why Wisconsin Should Adopt Uninsured and Underinsured Motorist Stacking Waivers by Alyssa L. Kempke

  • 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 The New Lochner by Amanda Shanor Comment Go Directly to Jail, Do Not Pass Go, Do Not Collect $200: Improving Wisconsin’s Pretrial Release Statute by Tiffany Woelfel

Volume 2015

  • 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 on college campuses, …

  • 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 system is rife …

  • 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, he graduated from …

  • 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 form in which …

  • 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 in a symposium …

  • 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 to a topic …

Volume 2014

  • 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 Court provided a …

  • 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. It analyzes the …

  • 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 proper role of …

  • 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 the conventional account, …

  • 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 inherited from fifty …

  • 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 was fifty-something, I …

Volume 2013

  • 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 Lyrical: Review of …

  • 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 amorphous, at its …

  • 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 in other industries …

  • 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 of arriving in …

  • 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 Neil Komesar In …

  • 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 am honored to …

Volume 2012

  • 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 in ensuring the …

  • 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 December 2011, he …

  • 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, and other areas, …

  • 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 Congress and the …

  • 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 Athletic Association’s (NCAA) …

  • 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 of securities regulation …

Volume 2011

  • 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. Sheyn This Article …

  • 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 Hall) and author …

  • 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 a single course …

  • 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 retired from the Supreme Court …

  • 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 because it allows …

  • 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 Act by attempting …

Volume 2010

  • 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 that time, the …

  • 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   The Next Generation …

  • 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 analysis of the …

  • 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 measure that matters, …

  • 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 than decreases the …

  • 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 costs. A legal …

Volume 2009

  • 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 and Nonpartisan Elections …

  • 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 By Frederick C. …

  • 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 from losses in …

  • 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 will hear American …

  • 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 theories in sociology, …

  • 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 the right of …

Volume 2008

  • 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 and the Question …

  • 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 Developments By Bonny …

  • 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 its institutional role. …

  • 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 Fourth Amendment. While …

  • 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 or bequest into …

  • 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 of the crime-causing, …

Volume 2007

  • 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 Irvin Charne Governor Jim Doyle Senator Russ Feingold Former Chief Justice Nathan S. Heffernan Chief …

  • 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 the “Garbage” Out …

  • 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 Protect Homeowners from …

  • 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 Wisconsin While Upholding …

  • 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 Palatable Solution? Comparing …

  • 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. Metzger & Daniel …