Archives

Issue 1 (2021)

Article

• The Political Remedies Doctrine
  David M. Driesen

Comments

• Bias and Immigration: A New Factors Test to Examine Extrinsic Evidence of Animus in Immigration Cases
  Andrea Galvez
• Blind Spot in Plain Sight: The Need for Federal Intervention in the Sober Living Home Industry and the Path To Making It Happen
  Bess Greenberg

Issue 2 (2021)

Articles

• Corporate Political Power: The Politics of Reputation & Traceability
  Amanda Shanor, Mary-Hunter McDonnell, and Timothy Werner
• The Religious Conversion of Corporate Social Responsibility
  Elizabeth Sepper and James D. Nelson

Comments

• Between a Rock and a Hard Place: The Struggle to Analyze School Board Prayer and a New Method of Establishment Clause Analysis
  Johnathan Watts
• The Class Action Struggle: Should Bristol-Myer's Limit on Personal Jurisdiction Apply to Class Actions?
  John Mikuta
• Punishment Only for the Poor: The Unconstitutionality of Pay-to-Vote Disenfranchisement Laws
  Caitlin Croley

Issue 3 (2022)

Articles

• Decoding Nondelegation after Gundy: What the Experience in State Courts Tells Us about What to Expect When We're Expecting
  Daniel E. Walters 
• Groundwater Exceptionalism: The Disconnect between Law and Science
  Christine A. Klein

Comments

• Protecting Our At-Risk Communities from the Ground(Water) Up: CAFOs, the Clean Water Act, and a Framework for Offering Clarity to an Imprecise Maui Test
  Shawn D. Ren
• Preventing Tam's "Proudest Boast" from Protecting the Proud Boys: A Response to Free Speech Absolutism in Trademark Law 
  Katherine K. Carey
• A New Normal: How COVID-19 and Digital Contact Tracing Highlight a Need for New Fourth Amendment Norms
  Danielle J. Fong

Issue 4 (2022)

Articles

• Debt, Control, and Collusion
  D. Daniel Sokol
• The Property Clause, Article IV, and Constitutional Structure
  Eric Biber

Comments

• Soft Law in Space: A Legal Framework for Extraterrestrial Mining
  Laura C. Byrd
• Patching the Holes in SOX: FCPA Disgorgement after Liu and the NDAA
  Jason R. Chohonis

Issue 1 (2020)

Articles

• Impeachable Speech
  Katherine Shaw
• Protection by Law, Repression by Law: Bringing Labor Back Into the Study of Law and Social Movements
  Catherine L. Fisk and Diana S. Reddy

Comments

• If You're Reading This, It's Too Late: The Unconstitutionality of Notice Effectuating Implied Consent
  Michelle Tomkovicz
• Choosing Between Healthcare and a Green Card: The Cost of Public Charge
  Shanzeh Daudi

Issue 2 (2020)

Articles

• Judging Hypocrisy
  Todd E. Pettys
• Silenced by Instruction
  Vida B. Johnson
• Regulatory Malfunctions in the Drug Patent Ecosystem
  Ana Santos Rutschman 

Comments

• The Elections Clause Obligates Congress to Enact a Federal Plan to Secure U.S. Elections Against Foreign Cyberattacks
  Suman Malempati
• The Ministerial Exception: Seeking Clarity and Precision Amid Inconsistent Application of the Hosanna-Tabor Framework
  Rachel Barrick

Issue 3 (2021)

Articles

• How the Fourth Amendment Frustrates the Regulation of Police Violence
  Seth W. Stoughton
• Faith in Strasbourg and Luxembourg? The Fresh Rise of Religious Freedom Litigation in the Pan-European Courts
  John Witte Jr. and Andrea Pin

Comments

• Canals, Community, and Coastal Permits: Overcoming Inadequate Remedies for Erosion Within the Barataria-Terrebonne National Estuary
  Brandon Naquin
• NEPA and Gentrification: Using Federal Environmental Review to Combat Urban Displacement
  Jesse Hevia
• Where is the Strike Zone? Arguing for a Uniformly Narrow Interpretation of the Prison Litigation Reform Act’s “Three Strikes” Rule
  Samuel B. Reilly

Issue 4 (2021)

Articles

• The Automated Administrative State: A Crisis of Legitimacy
  Ryan Calo and Danielle Keats Citron
• Exclusion Diffusion
  Sarah L. Swan

Comments

• Kisor v. Wilkie as a Limit on Auer Deference in the Sentencing Context
  Jarrett Faber
• The New-Age Streets and Parks: Government-run Social Media Accounts as Traditional Public Forums
  Ryan T. Smith
• The Short Circuit: Privatized Organ Allocation Policymaking Violates Fundamental Fairness
  Sean F. Driscoll

Issue 5 (2021)

Articles

• Rucho v. Common Cause—A Critique
  Emmet J. Bondurant
• Learning from Campaign Finance Information
  Abby K. Wood
• Election Laws Disproportionately Disadvantaging Racial Minorities, and the Futility of Trying to Solve Today's Problems with Yesterday's Never Very Good Tools
  Gary J. Simson
• Hyperpartisan Campaign Finance
  Michael S. Kang

Issue 6 (2021)

Articles

• The Paradox of Recidivism
  Christopher Lewis
• Law, Fact, and Procedural Justice
  G. Alexander Nunn

Comments

• Abusing the Judicial Power: A Geographic Approach to Address Nationwide Injunctions and State Standing
  Joseph D. Kmak
• Criminalizing Property Rights: How Crime-Free Housing Ordinances Violate the Fifth Amendment
  Laura Flint

Issue 7 (2021)

Systemic Racism in the Law & Anti-Racist Solutions

Foreword

• Introduction
  Dorothy A. Brown

Articles

• Systemic Racism, the Government's Pandemic Response, and Racial Inequities in COVID-19
  Ruqaiijah Yearby and Seema Mohapatra
• Rejecting Honorary Whiteness: Asian Americans and the Attack on Race-Conscious Admissions
  Philip Lee
• The New Tipping Point: Disruptive Politics and Habituating Equality
  Rachel D. Godsil and Sarah E. Waldeck
• Systemic Racism and Housing
  A. Mechele Dickerson
• The Illusory Promise of Free Enterprise: A Primer to Promoting Racially Diverse Entrepreneurship
  Mirit Eyal-Cohen
• Advertising Injustices: Marketing Race and Credit in America
  Jim Hawkins and Tiffany C. Penner
• Ten Truths About Tax Havens: Inclusion and the "Liberia" Problem
  Steven A. Dean and Attiya Waris

Issue 1 (2019)

Articles

• Administrative Law in an Era of Partisan Volatility
  Michael A. Livermore and Daniel Richardson
• The Costs of Changing Our Minds
  Nita A. Farahany

Comments

• State Constitutions as a Check on the New Governors: Using State Free Speech Clauses to Protect Social Media Users from Arbitrary Political Censorship by Social Media Platforms
  Elijah O'Kelley
• Uncontainable Threat: The Nation's Coal Ash Ponds
  Keaston Hall

Issue 2 (2019)

Articles

• Legislation and Comment: The Making of the § 199A Regulations
  Shu-Yi Oei and Leigh Osofsky
• Why (Jury-Less) Juvenile Courts Are Unconstitutional
  Suja A. Thomas and Collin Stich

Comments

• Paving a Path between the Campus and the Chapel: A Revised Section 501(c)(3) Standard for Determining Tax Exemptions
  John B. Parker
• Pre-Adjudication Access to Counsel for Juveniles
  Christopher K. Gleason

Issue 3 (2019)

Articles

• Financial Contracting with the Crowd
  Usha R. Rodrigues
• Rising Confusion About "Arising Under" Jurisdiction in Patent Cases
  Paul R. Gugliuzza

Comments

• A Negligence Approach to Section 14(e) Violations
  Jessica Pekins
• The Problem with Present-Value: How Local Bankruptcy Rules Impose Heavy Burdens on Chapter 13 Debtors
  Jake McDonough

Issue 4 (2020)

Articles

• Can Copyright Law Protect People from Sexual Harassment?
  Edward Lee
• Defending Data: Toward Ethical Protections and Comprehensive Data Governance
  Elizabeth R. Pike

Comments

• In Defense of Culture: Protecting Traditional Cultural Expressions in Intellectual Property
  Richard Awopetu
• Resurrecting Magnuson-Moss Rulemaking: The FTC at a Data Security Crossroads
  Ian M. Davis
• Hey, You Stole My Avatar!: Virtual Reality and Its Risks to Identity Protection
  Jesse Lake

Issue 5 (2020)

The 2019 Randolph W. Thrower Symposium: Exploring Gun Violence in Modern America

Articles

• Do Courts Change Politics? Heller and the Limits of Policy Feedback Effects
  Kristin A. Goss and Matthew J. Lacombe
• Social Movements and Standing in the American Gun Debate
  David S. Meyer and Kaylin Bourdon
• Criminal Justic Reform and Guns: The Irresistible Movement Meets the Immovable Object
  David E. Patton
• Mass Shootings, Legislative Responses, and Public Policy: An Endless Cycle of Inaction
  Jaclyn Schildkraut and Collin M. Carr
• Suing the NRA for Damages
  Frank J. Vandall
• Gun Owners Support the Right Not to Bear Arms
  Ian Ayres and Fredrick E. Vars

Issue 6 (2020)

Article

• Expensive Patients, Reinsurance, and the Future of Health Care Reform
  Govind Persad

Comments

• Death of a Bail Bondsman: The Implementation and Successes of Nonmonetary, Risk-Based Bail Systems
  William M. Carlucci
• Ancillary Enforcement Jurisdiction: The Misinterpretation of Kokkonen and Expungement Petitions
  Brandon Salky
• The Crippling Costs of the Juvenile Justice System: A Legal and Policy Argument for Eliminating Fines and Fees for Youth Offenders
  Leigh R. Shapiro

Issue 1 (2018)

Articles

• The President's Immigration Courts
  Catherine Y. Kim
• Digital Searches, the Fourth Amendment, and the Magistrates' Revolt
  Emily Berman

Comments

• Discretion Versus Supersession: Calibrating the Power Balance Between Local Prosecutors and State Officials
  Tyler Q. Yeargain
• "What's a Sundial in the Shade?": Brain Waste Among Refugee Professionals Who Are Denied Meaningful Opportunity for Credential Recognition
  Shanique C. Campbell
• Seeking Warrants for Unknown Locations: The Mismatch Between Digital Pegs and Territorial Holes
  Diana Benton

Issue 2 (2018)

Articles

• The Flawed Corporate Finance of Dell and DFC Global
  Charles Korsmo and Minor Myers
• Agency Legislative History
  Jarrod Shobe

Comments

• A Snapshot of Dual-Class Share Structures in the Twenty-First Century: A Solution to Reconcile Shareholder Protections with Founder Autonomy
  Zoe Condon
• Off-Key Regulation: Examining the SEC's and the DOL's Dissonant Regulation of Broker-Dealers
  Richard J. Kubiak
• Broad-Banned: The FCC's Preemption of State Limits on Municipal Broadband and the Clear Statement Rule
  John T. Cobb

Issue 3 (2019)

Articles

• Legitimizing Character Evidence
  Justin Sevier
• National Personal Jurisdiction
  Jonathan Remy Nash

Comments

• The Problems with Alleging Federal Government Conspiracies Under 42 U.S.C. § 1985(3)
  Allen Page
• NFL Takes a Page from the Big Tobacco Playbook: Assumption of Risk in the CTE Crisis
  Mikayla Paolini
• Process Is Due: The World Health Organization Prequalification of Medicines
  Connor Fuchs

Issue 4 (2019)

Articles

• More Property Rules than Property? The Right to Exclude in Patent and Copyright
  BJ Ard
• The Uses of IP Misuse
  Deepa Varadarajan

Comment

• Making a Business of "Residential Use": The Short-Term-Rental Dilemma in Common-Interest Communities
  Cai Roman

Issue 5 (2019) 

The 2018 Randolph W. Thrower Symposium — Sex Crimes in the 21st Century: Human Trafficking, Pornography, and Prostitution

Articles

• Church, State, and Sex Crimes: What Place for Traditional Sexual Morality in Modern Liberal Societies?
  John Witte Jr.
• The Problems with Pornography Regulation: Lessons from History
  Thomas C. Arthur
• Changing Faces: Morphed Child Pornography Images and the First Amendment
  Stacey Steinberg
• Therapeutic Expression
  Jennifer Kinsley

Issue 6 (2019)

Articles

• Partisan Gerrymandering and the Constitutionalization of Statistics
  Jacob Eisler
• Coerced Choice: School Vouchers and Students with Disabilities
  Claire Raj

Comments

• "A Fresh Look": Title VII's New Promise for LGBT Discrimination Protection Post-Hively
  Devon Sherrell
• Trinity Lutheran Church v. Comer: Playing "in the Joints" and on the Playground
  Gabrielle Gollomp

Issue 1 (2017)

Articles

• Price Transparency and Incomplete Contracts in Health Care
  Wendy Netter Epstein
• Constructing Recidivism Risk
  Jessica M. Eaglin

Comments

• Insider Trading: The Problem with the SEC's In-House ALJS
  Lucille Gauthier
• Tragedy of the Commonality: A Substantive Right to Collective Action in Employment Disputes
  Spencer Stephens

Issue 2 (2017)

Articles

• The Myth of the Sharing Economy and Its Implications for Regulating Innovation
  Abbey Stemler
• Untangling the Market and the State
  Wentong Zheng

Comment

• Inherently Governmental: A Legal Argument for Ending Private Federal Prisons and Detention Centers
  Fiona O'Carroll

Issue 3 (2018)

The 2017 Randolph W. Thrower Symposium — Minding the Gap: Law and Practice in Public Health Emergencies

Articles

• Lurching from Complacency to Panic in the Fight Against Dangerous Microbes: A Blueprint for a Common Secure Future
  Larry O. Gostin and Katharina E. Ó Cathaoir
• The Case for Streamlining Emergency Declaration Authorities and Adapting Legal Requirements to Ever-Changing Public Health Threats
  Gregory Sunshine
• Liability for Vaccine Injury: The United States, the European Union, and the Developing World
  Mary S. Holland
• The CDC’s Communicable Disease Regulations: Striking the Balance Between Public Health & Individual Rights
  James J. Misrahi
• Do State Lines Make Public Health Emergencies Worse? Federal Versus State Control of Quarantine
  Polly J. Price
• Election Emergencies: Voting in the Wake of Natural Disasters and Terrorist Attacks
  Michael T. Morley
• North-South Collaborations to Promote Health Innovation in Africa
  Dennis C. Liotta

Issue 4 (2018)

Article

• The Offshore Tax Enforcement Dragnet
  Shu-Yi Oei

Comments

• Persona - Character Copyrights and Merger’s Role in the Evolution of Entertainment Expressions
  Sydney Altman
• Enforcing an Unenforceable Law: The National Bioengineered Food Disclosure Standard
  Mary Christine Brady
• Stepping Back to Move Forward: Expanding Personal Jurisdiction by Reviving Old Practices
  Matthew P. Demartini
• Restoring Public Confidence in the Criminal Justice System: Policing Prosecutions When Prosecutors Prosecute Police
  Caleb J. Robertson
• Irrational Science Breeds Irrational Law
  Caleb Small

Issue 5 (2018)

Articles

• Protecting States in the New World of Energy Federalism
  Daniel A. Lyons
• Medical Malpractice as Workers' Comp: Overcoming State Constitutional Barriers to Tort Reform
  Alexander Volokh

Comments

• The SEC's Forgotten Power of Exemption: How the SEC Can Receive Deference in Favor of Internal Whistleblowers Even When the Text Is Clear
  Lesley Chen
• Let's Not Throw out the Baby with the Bathwater: A Uniform Approach to the Domestic Relations Exception
  Karla Doe

Issue 6 (2018)

Articles

• Vulnerability and the Intergenerational Transmission of Psychosocial Harm
  Isabel Karpin
• Martha Fineman, More Transformative Than Ever
  Michéle Alexandre
• Vulnerability as a Category of Historical Analysis: Initial Thoughts in Tribute to Martha Albertson Fineman
  Deborah Dinner
• Notes on The Neutered Mother, or Toward a Queer Socialist Matriarchy
  Teemu Ruskola
• Formative Projects, Formative Influences: Of Martha Albertson Fineman and Feminist, Liberal, and Vulnerable Subjects
  Linda C. McClain
• Bioethics & Vulnerability: Recasting the Objects of Ethical Concern
  Michael Thomson

Comments

• First Impressions and Last Resorts: The Plenary Power Doctrine, the Convention Against Torture, and Credibility Determinations in Removal Proceedings
  D. Bruce Janzen Jr.
• Kicked While They're Down: Deficiency Judgments and the Great Recession
  Ariel Olson

Issue 1 (2016)

Articles

• The End of an Era? Federal Civil Procedure After the 2015 Amendments
  Adam N. Steinman
• Strategic Immunity
  Aaron L. Nielson and Christopher J. Walker

Comments

• The Officer Has No Robes: A Formalist Solution to the Expansion of Quasi-Judicial Immunity
  Seena Forouzan
• Too Far from Home: Why Daimler's "At Home" Standard Does Not Apply to Personal Jurisdiction Challenges in Anti-Terrorism Act Cases
  Ariel Winawer

Issue 2 (2017)

Articles

• Simplexity: Plain Language and the Tax Law
  Joshua D. Blank and Leigh Osofsky
• Software's Copyright Anticommons
  Clark D. Asay
• Precautionary Federalism and the Sharing Economy
  Sarah E. Light

Comments

• Lichtenberger, Sparks, and Wicks: The Future of the Private Search Doctrine
  Alexandra Gioseffi
• Cavity Filling or Root Canal? How Courts Should Apply North Carolina State Board of Dental Examiners v. FTC
  Richard F. Walker III

Issue 3 (2017)

The 2016 Randolph W. Thrower Symposium — Redefined National Security Threats: Tensions and Legal Implications

Foreword

• Foreword
  The Editors

Articles

• Keynote Address: The Emerging Law of 21st Century War
  Harold Hongju Koh
• Cyber Espionage and Electronic Surveillance: Beyond the Media Coverage
  William C. Banks
• Hiding in Plain Sight: A Fourth Amendment Framework for Analyzing Government Surveillance in Public
  Rachel Levinson-Waldman
• How Both the EU and the U.S. Are "Stricter" Than Each Other for the Privacy of Government Requests for Information
  Peter Swire Swire and DeBrae Kennedy-Mayo
• Is Immigration Law National Security Law?
  Shoba Sivaprasad Wadhia
• Biometric Cyberintelligence and the Posse Comitatus Act
  Margaret Hu

Issue 4 (2017)

Articles

• Student Surveillance, Racial Inequalities, and Implicit Racial Bias
  Jason P. Nance
• Sharenting: Children's Privacy in the Age of Social Media
  Stacey B. Steinberg

Comments

• Closing the Use Tax Loophole: Why Consumer Self-Assessment Is a Viable Solution
  Rubinder Bal
• Fraternizing with Franchises: A Franchise Approach to Fraternities
  Cassandra Coolidge
• Establishing Applicable Water Quality Standards for Surface Waters on Indian Reservations
  Jin Hyung Lee
• AIA Proceedings: A Prescription for Accelerating the Availability of Generic Drugs
  Nora Xu

Issue 5 (2017)

Articles

• The Deserving Poor, the Undeserving Poor, and Class-Based Affirmative Action
  Khiara M. Bridges
• Inside the Arbitrator's Mind
  Susan D. Franck

Comments

• The Threat of Expulsion as Unacceptable Coercion: Title IX, Due Process, and Coerced Confessions
  Casey McGowan
• The Last Estop: Why Judicial Estoppel Should Be a Court's Last Resort for Undisclosed Lawsuits from Bankruptcy
  Caryn Wang

Issue 6 (2017)

Articles

• The New Market Manipulation
  Tom C. W. Lin
• The Reintegrative State
  Joy Radice
• Judicial Non-Delegation, the Inherent-Powers Corollary, and Federal Common Law
  Alexander Volokh

Comments

• Applying the Common Interest Doctrine to Third-Party Litigation Funding
  Jeffrey Schacknow
• Coordination Is Corruption: An Argument for the Regulation of Coordinated Issue Advocacy Under Campaign Finance Law
  Amanda R. Schwarzenbart

• Ford Motor Company v. Montana Eighth Judicial District Court: Lots of Questions, Some Answers, Patrick J. Borchers, Richard D. Freer, and Thomas C. Arthur

• Localizing the Green Energy Revolution, Hannah J. Wiseman
• Compensating Victims of Police Violence, Valena E. Beety
• Regulating Competition, Both the Forest and the Trees, David B. Spence
• The Dead Hand Revisited, Andrew Coan

• Faithless or Faithful Electors? An Analogy to Disobedient but Conscientious Jurors, Jeffrey Abramson
• "Undue Hardship" and Uninsured Americans: How Access to Healthcare Should Impact Student-Loan Discharge in Bankruptcy, Alexander Gouzoules
• The Impact of Artificial Intelligence on Forensic Accounting and Testimony--Congress Should Amend "The Daubert Rule" to Include a New Standard, Victor Nicholas A. Metallo
• Tam Through the Lens of Brunetti: THE SLANTS, FUCT, Ilhyung Lee

• Why Appeals Courts Rarely Reverse Lower Courts: An Experimental Study to Explore Affirmation Bias, Barry C. Edwards
• History Repeats Itself: Some New Faces Behind Sex Trafficking Are More Familiar Than You Think, Mary Graw Leary
• The Supreme Court's Landmark Decision in New Prime Inc. v. Oliveira: A Panoptic View of America's Civil Justice System and Arbitration, Imre S. Szalai
• Hall v. Hall: A Lose-Lose Case for Appellate Jurisdiction, Bryan Lammon
• Title VII and the #MeToo Movement, Rebecca Hanner White

• Why Don't Some White Supremacist Groups Pay Taxes?, Eric Franklin Amarante
• "Politics!"? Of Course! A Reflection on Washington v. Trump, Paul Babie
• Briefing the Supreme Court: Promoting Science or Myth?, Melissa Hamilton

• Statutory Junk, David Schoenbrod
• The Uses and Abuses of Simplexity, Lawrence Zelenak
• Transforming the "Thurmond Rule" in 2016, Carl Tobias