WLR Forward
Wisconsin Law Review Forward is an online only publication intended to move conversations in legal academia forward by providing a forum for the quick publication of topical and timely pieces that would otherwise be delayed by our production schedule for print issues. Many of our online pieces are short response pieces to larger pieces published in our print edition and all are shorter works commenting on larger topics in legal academia.
Recent Articles
2026 Articles
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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…
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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.”…
2025 Articles
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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…
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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…
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Flexibility & Resilience are Essential Legal Skills
The legal profession is facing an era of change driven by technological advancements, environmental crises, shifting client expectations, and evolving societal norms. This article argues that flexibility and resilience are not just…
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Academic Limbo: Reforming Campus Speech Governance for Students
This essay examines the structural inequalities in academic freedom protections between faculty and students at private universities, highlighted by the 2023 Gaza-related campus protests. While faculty members enjoy multiple layers of protection…
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NextGen Bar Success: A Student-Tested, Student-Approved Method for Completing Counseling Integrated Question Sets
Legal educators nationwide need to begin teaching students a method for completing Counseling Integrated Question Sets, a novel type of question the National Conference of Bar Examiners (“NCBE”) is introducing on the…
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Stategraft: Facilitating Predatory Takings by Eminent Domain
The following Case Study is published as part of the continuing conversation from the Wisconsin Law Review’s 2023 Symposium on Stategraft. Download PDF Tanya Washington The concept of stategraft, as described in Professor Atuahene’s…
2024 Articles
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Court Reform for Progressives: A Primer on Constitutional Considerations
This brief and basically unannotated essay lays out some constitutional considerations associated with prominent (and some not so prominent) proposals for Supreme Court reform circulating among progressives. The essay has four parts,…
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Conscription of Private Attorneys to Represent Indigent Criminal Defendants in States and Territories
This year marked the sixtieth anniversary of Gideon v. Wainwright, the seminal case in which the Supreme Court of the United States held that the Sixth and Fourteenth Amendments to the Constitution…
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Taxing Vulnerable Children and Families Through Stategraft: It is Time to End Racialized Wealth Extraction in Foster Care
As unjust and counterproductive public policies go, taxing vulnerable children and families is among the worst. For years, experts have been sounding the alarm that foster care “child support”—making parents pay the…
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Using the U.S. Department of Justice to Help End Juvenile Stategraft
In 2013, Berkeley Law’s Policy Advocacy Clinic began working with local advocates to study juvenile administrative fees. We found that these fees were a form of regressive and racially discriminatory wealth extraction…
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Unraveling Stategraft: Ending Criminal Administrative Fees in California
In California, like every other state, courts charge administrative fees to people who come into contact with the criminal legal system. As recently as 2020, California authorized over 90 different criminal administrative…
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Race, the Criminal Legal System, and Stategraft: The California Racial Justice Act (2020)
After decades of unabated growth in mass incarceration, the number of incarcerated adults began to decline following the Great Recession. Changes in sentencing, policing, pre-trial diversion, and the recategorization of offense levels,…
2023 Articles
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A Case of Alleged Stategraft in Nevada: Stephen Lara v. State of Nevada, et al.
Stategraft, a term coined by Professor Bernadette Atuahene, occurs when governments and government actors supplement their funding by illegally charging individuals. This illegal extraction can be intentional or unintentional, but its impact…
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Recent U.S. Supreme Court Decision Shows that the Dormant Commerce Clause Does Not Preclude Wisconsin Fair Dealership Law Damages for Sales beyond State Borders
Twenty-five years ago, in Morley-Murphy Co. v. Zenith Electronics Corp., the Seventh Circuit warned that courts should not construe the Wisconsin Fair Dealership Law (WFDL) to authorize lost-profits damages arising from sales…
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Emerging Technology’s Language Wars: Smart Contracts
Work at the intersection of blockchain technology and law represents a highly interdisciplinary area of inquiry. Often, researchers, law-makers, lawyers, and other stakeholders unnecessarily debate issues because of linguistic misunderstandings. As the…
2020 Articles
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The State of Restorative Justice in American Criminal Law: Appendix
Download PDF
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Vaccines in the Time of COVID-19: How Government and Businesses Can Help Us Reach Herd Immunity
The COVID-19 pandemic continues to wreak havoc on American society. Public health experts agree that the best way to end it is with the development and implementation of a safe and effective…
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Wisconsin’s Law of Negligence is Inherently Incompatible with the Restatement— So Why Does the Court Regularly Adopt Restatement Provisions?
This essay proposes that Wisconsin’s formulations of duty and causation are unique and fundamentally incompatible with the Restatement (Second) of Torts. Part I offers a theory of Wisconsin negligence. It tracks the…
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College Football in the Time of COVID-19
Thomas A. Baker III, Marc Edelman, & John T. Holden The COVID-19 health crisis and resulting “stay at home” orders have led to newfound challenges for commercial sports leagues concerning how to…
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In Too-Big-To-Fail We Trust: Ethics and Banking in the Era of COVID-19
Nizan Geslevich Packin The COVID-19 economic crisis has brought to light something very broken in the American banking system—banks prioritize their own profits over the interests of those they serve and interests…
Archive
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Skinny Labels’ Importance for Drug Competition
-
No Third Term: Rejecting the Nonconsecutive Loophole
-
Pocket Constitutions: America’s Founding Document in Small Print
-
Executive Branch Forum Shopping
-
Flexibility & Resilience are Essential Legal Skills
-
Academic Limbo: Reforming Campus Speech Governance for Students
-
NextGen Bar Success: A Student-Tested, Student-Approved Method for Completing Counseling Integrated Question Sets
-
Stategraft: Facilitating Predatory Takings by Eminent Domain
-
Court Reform for Progressives: A Primer on Constitutional Considerations
-
Conscription of Private Attorneys to Represent Indigent Criminal Defendants in States and Territories