Content Posted in 2024
Abortion, Informed Consent, and Regulatory Spillover, Katherine Shaw and Alex Stein
Access to affordable medicines: obligations of universities and academic medical centers, Emily Largent and Holly Fernandez Lynch
Access to Justice: Challenges Models, and the Participation of Non-Lawyers in Justice Delivery, Katherine Shaw
Achieve Gender Equality and Empower all Women and Girls, Rangita de Silva de Alwis
Addiction and Criminal Responsibility: The Law's Rejection of the Disease Model, Stephen J. Morse
AI in the Courts: How Worried Should We Be?, Cary Coglianese, Maura R. Grossman, and Paul W. Grimm
A Mystifying and Distorting Factor: The Electoral College and American Democracy, Katherine Shaw
An Absent "No" is not a "Yes": A Legal Analysis of Consent in Japan's Amended Penal Code and International Rape Legislation Standards, Larissa Truchan
Antitrust and Self-Preferencing, Herbert Hovenkamp
Antitrust Market Definition: the Hypothetical Monopolist and Brown Shoe, Herbert Hovenkamp
Antitrust Needs To Draw on Computer Science To Detect Algorithmic Collusion, Giovanna Massarotto
A Podcast of One's Own, Katherine Shaw, Leah Litman, and Melissa Murray
Apprendi at 20: Reviving the Jury's Role in Sentencing, Stephanos Bibas
Apprendi's Perverse Effects on Guilty Pleas Under the Guidelines, Stephanos Bibas
A Rapidly Shifting Landscape : Why Digitized Violence is the Newest Category of Gender-Based Violence, Rangita de Silva de Alwis
Arbitration's Unraveling, Myriam E. Gilles
A Remembrance – Louis F. Del Duca – July 2, 1926 – November 27, 2015, Norman Powell
A Sword and a Shield: An Antidiscrimination Analysis of Academic Freedom Protections, Apratim Vidyarthi
Back from the Brink: The Supreme Court Balks at Extending Apprendi to Upset Most Sentencing, Stephanos Bibas
Background as Foreground: Section Three of the Fourteenth Amendment and January 6th, Gerard N. Magliocca
Barring Judicial Review, Laura Dolbow
Best Practices for Trying a Section 2 Case, Christopher S. Yoo, Douglas Melamed, John Roberti, and Ian Simmons
Beyond the Bully Pulpit: Presidential Speech in the Courts, Katherine Shaw
Big Mistake: Knowing and Doing Better in Patient Engagement, Holly Lynch
Blakely's Federal Aftermath, Stephanos Bibas
Bogus Filings – Some Legal and Policy Considerations, Norman Powell
Breaking Down Silos: The Selection of Corporate Headquarters' Locations by Businesses, Ronni Mok
Brown Shoe Merger Policy and the Glorification of Waste, Herbert Hovenkamp
Central Bank Digital Currency As New Public Money, Christina Parajon Skinner
Clarifying Judicial Aggrandizement, Allen Sumrall and Beau J. Baumann
Cohesive Class Actions, Miles M. Gray
Combatting Corporate Tokenism: The Role of Shareholder Derivative Litigation in Board and Executive-Level Diversification, Caitlin Gleason
Concretizing Abstract Rights: Damages for Intangible Constitutional Injuries Under the Prison Litigation Reform Act, Abigail Kasdin
Conflicts of Law and the Abortion War Between the States, Paul Schiff Berman, Roey Goldstein, and Sophie Leff
"Confucius" and America's Dangerous Myths About Chinese Law, Daniel Butler Friedman
Constitutional Nondefense in the States, Katherine Shaw
Consumer Welfare Will Determine the Outcome of the Apple Lawsuit, Herbert Hovenkamp
Contracting COVID: Private Order and Public Good (Standstills), Norman Powell and Jonathan C. Lipson
Conventions in the Trenches, Katherine Shaw
Corporate Democracy and the Intermediary Voting Dilemma, Jill E. Fisch and Jeff Schwartz
Corporate purpose and personhood: an introduction, Elizabeth Pollman and Robert B. Thompson
Credit Markets and the Visible Hand: The Discount Window and the Macroeconomy, David Skeel and Peter Conti-Brown
Crouching Tiger, Hidden Agenda?: The Emergence of China in the Global Internet Standard-Setting Arena, Christopher S. Yoo and Alexander Mueller
Current Trends in Insider Trading Prosecutions, David Rosenfeld
Defrosting Regulatory Chill, Guillermo J. Garcia Sanchez
Delaware Alternative Entities - The Benefits and Burdens of Contractual Flexibility, Norman Powell
Delaware Goes Paperless (Sort of) Direct Submission of Paper or Imaged UCC Filing Is No Longer Permitted as of December 1, 2015, Norman Powell
Delaware Harmonizes Alternative Entity Series and UCC Article 9, Norman Powell
Democracy's Bureaucracy: The Complicated Case of Voter Registration Lists, Michael Morse
Derivative Foreign Relations Law, Jean Galbraith
Deterrence Dilemmas and Alliance Dynamics: United States Policy on Cross-Strait Issues and the Implications of the War in Ukraine, Jacques deLisle
Disability and the Ongoing Federalism Revolution, Karen M. Tani and Katie Eyer
Dissonance in the Attempt to Harmonize LLC Series and Article 9, Norman Powell
Dobbs and Democracy, Melissa Murray and Katherine Shaw
Dobbs' Democratic Deficits, Katherine Shaw and Melissa Murray
Dobbs v. Jackson Women's Health Organization: Reckoning with its Impact and Charting a Path Forward, Hillary A. Schneller, Diana Kasdan, Risa E. Kaufman, and Alexander Wilson
Does the Fortress Decision Offer Any Lessons for Opinion Givers, Norman Powell
Don't Just Do Something, Stand There: What Crinimal Law Teaches Us About Article III Standing in Data Breach Cases, Caroline Ribet
Economic Inequality in the Age of Human Rights, Daniel Benoliel
Equal Protection Against Policing, Evan Bernick
Evading Responsibility: The Ethics of Ingenuity, Leo Katz
Excerpts from the Future of American Sentencing: A National Roundtable on Blakely, Stephanos Bibas, Ronald Allen, Albert Alschuler, and Michael R. Dreeben
Exploiting Seabed Law, Stephen Cody and Jeffrey Feldmann
Faith, Law, and Love: Peg Brinig's Legacy, Stephanos Bibas
False Analogies to Predatory Pricing, Christopher R. Leslie
Filings against Trusts and Trustees under Revised Article 9 - Thirteen Variations, Norman Powell
Filings against Trusts and Trustees Under the Proposed 2010 Revisions to Current Article 9 - Thirteen Variations, Norman Powell
Finfluencers and the Reasonable Retail Investor, Sue Guan
First Amendment and Consumer Advertisement, S. Kelvin Fang
Flight and Force, Kimberly Kessler Ferzan and Rachel Harmon
Foreword, Wendell E. Pritchett
Freedom of Contract and M&A Termination Fees: Peculiar Case of South Korea vs. United States, Joseph Cho
Friends of the Court: Evaluating the Supreme Court's Amicus Invitations, Katherine Shaw
From Trauma to Transformation: Trauma-Informed Pedagogy in Law School, Angela P. Harris and Monika B. Kashyap
Gambling in Territorial Hawaii, Robert M. Jarvis
Grid Reliability in the Electric Era, Joshua Macey, Shelley Welton, and Hannah Wiseman
Guns, Interpretation, and Executive Branch Constitutionalism, Katherine Shaw
Harm and Justification in Negligence, Leo Katz
Holding the Taliban Accountable for Gender Persecution: The Search for New Accountability Paradigms under International Human Rights Law, International Criminal Law and Women, Peace, and Security, Rangita de Silva de Alwis
How to Surf the Labor Disruption Tsunami, Amanda M. Runyon, Cynthia Brown, and Caroline Nevin
Immigration in the Shadow of Death, Eunice Lee
Impeachable Speech, Katherine Shaw
Implicit Bias, Structural Bias, and Implications for Law and Policy, Goodwin Liu
Insanity Defense, Stephen J. Morse
In the Room Where the Constitution Happens, Lorianne Updike Toler
Intragovernmental Speech and Sanction, Katherine Shaw
Intraparty Conflict and the Separation of Powers, Gregory Elinson
Introduction, Katherine Shaw, Reva Siegel, and Melissa Murray
Introduction to Symposium on the Contours and Limits of Advisory Opinions, Jean Galbraith
Intuitionistic tense and modal logic, William Ewald
Judge Alito's First Amendment Vigilance on the Third Circuit, Stephanos Bibas
Justice Stevens and the Project of Perfecting the Constitution, Katherine Shaw
Lavatories of Democaracy: Recognizing a Right to Public Toilets through International Human Rights and State Constitutitonal Law, Rick Weinmeyer
Law and Empathy in the Automated State, Cary Coglianese
Lay Bare Its Hidden Frame: The Deprivation of Foreign Isis Fighter's Citizenship in Denmark, the Netherlands, and the United Kingdom, Helena von Nagy
Legal classifications of immigrants, Fernando Chang-Muy
Legal Gender Recognition in Nepal and Comparative Context, Holning Lau and Mara Malagodi
Lessons from GDPR for AI Policymaking, Christopher S. Yoo, Josephine Wolff, and William Lehr
Limiting Your Liability for LLC Opinions, Norman Powell
Management-Based Strategies: An Emerging Approach to Environmental Protection, Cary Coglianese and Jennifer Nash
Medical Legal Partnerships and Child Welfare: An Opportunity for Intervention and Reform, Kara R. Finck
Mezzanine Loans - The Vagaries of Membership Interest Collateral, Norman Powell and James D. Prendergast
Mezzanine Loans: The Vagaries of Membership Interest Collateral, Norman Powell and James D. Prendergast
Mistakes Matter: Consequences of Authorized UCC Filings, Norman Powell
Navigating a Human Rights Roadblock: Making the Case for the Women's Equality Act, Mostafa El-Harazi
Network Slicing and Net Neutrality, Christopher S. Yoo
Nonprofit organizations and their role in integration and resiliency, Fernando Chang-Muy
Ongoing Searching and Filing Issues under Article 9, Norman Powell
On the Exhaustion of Local Remedies: Reconciling Sovereignty and Justice Before the European Court of Human Rights, Alara Hanci
Opining on Limited Liability Company Series, Norman Powell
Outcome Reasons and Process Reasons in Normative Constitutional Theory, Larry Solum
People and Processes: AI Governance Under Executive Order 14,110, Cary Coglianese
Plea Bargains: Efficient or Unjust?, Anjelica Hendricks, Carissa Byrne Hessick, Jeffrey Bellin, Erin Blondel, Elana Fogel, and John Flynn
Private Enforcement in the States, Diego A. Zambrano, Neel Guha, Austin Peters, and Jeffrey Xia
Private Equity, Conflicts, and Chapter 11: The Three Types of Attorney Conflicts that Undermine Corporate Restructuring, Crawford G. Schneider
Procedural Protections in a Secret Court: Fisa Amici and Expanding Appellate Review of Fisa Decisions, Aaron X. Sobel
Public Law Litigation and Electoral Time, Zachary D. Clopton and Katherine Shaw
Race, Originalism, and Skepticism, Guy-Uriel E. Charles and Luis Fuentes-Rohwer
Reassessing the Rule of Law Legacy of the Khmer Rouge Tribunal, Randle C. DeFalco
(Re)Constructing an International Crime: Interpreting Sexual Victimhood in the Rohingya Genocide and Beyond, David Eichert
Reconstructing as Revolution: The Fourteenth Amendment and the Destruction of Founding America, Kermit Roosevelt III
Reflections on OT07, Katherine Shaw
Refugees and asylum: the crucial role of service providers, Fernando Chang-Muy
Regulating the Unregulated: The Beginning of the End of a Laissez-Faire Era of the Crypto "WIld West", Bo Hyun Kim
Relational Human Rights Responsibility, Joyce De Coninck
Reorienting Disclosure Debates in a Post-Citizens United World, Katherine Shaw
Reproductive Rights and Justice Stories, Katherine Shaw, Melissa Murray, and Reva Siegel
Restoring Democratic Moral Judgment within Bureaucratic Criminal Justice, Stephanos Bibas
Revised opinions in Roe v. Wade and Doe v. Bolton: Anita Allen (concurring in the judgment), Anita Allen
Revisiting Bowles' Aphorism, Cary Coglianese
Rule Design: Defining the Regulator–Regulatee Relationship, Cary Coglianese
Secured Lending to Series of LLCs: Beware What You Do Not (and Cannot) Know, Norman Powell
Self-Executing International Agreements and Private Rights of Action: Revisiting the 4th Restatement of Foreign Relations Law in the Context of International Trade and Investment Agreements, Matthew P. Schaefer
Series LLCs, the UCC, and the Bankruptcy Code - A Series of Unfortunate Events, Norman Powell
Similar in their Ability or Inability to Work: Young v. UPS and the Meaning of Pregnancy Discrimination, Katherine Shaw
Sovereignty and Separation: John Taylor of Caroline and the Division of Powers, Noah C. Zimmermann
Speech, Intent, and the President, Katherine Shaw
State Administrative Constitutionalism, Katherine Shaw
Surveillance Class Actions: Reconstructing a Federal Data Privacy Private Right of Action, Nabil Shaikh
Systemic Failure to Appear in Court, Lindsay Graef, Sandra G. Mayson, Aurelie Ouss, and Megan Stevenson
Taking Disclosure Seriously, Katherine Shaw
Taxing Contractual Complexity, Michael Simkovic and Meirav Furth-Matzkin
Terms of Service and Fourth Amendment Rights, Orin S. Kerr
Textualism, Judicial Supremacy, and the Independent State Legislature Theory, Katherine Shaw and Leah Litman
The 2010 Amendments to Delaware UCC Article 9, Norman Powell
The Absent Prince: Reflections on Personality Rights and Andy Warhol Foundation v. Goldsmith, Jennifer Rothman
The Antitrust Agencies’ Focus on Monopolization Claims Against Big Tech Dilutes the Meaning of Monopoly, Herbert Hovenkamp
The Blakely Earthquake Exposes the Procedure/Substance Fault Line, Stephanos Bibas
The “Bounds” of Moore: Pluralism and State Judicial Review, Kate Shaw and Leah M. Litman
The Brilliance in Slaughterhouse: A Judicially Restrained and Original Understanding of "Privileges or Immunities", Lawrence Lessig
The Chinese Model of Law, China’s Agenda in International Law, and Implications for Democracy in Asia and Beyond, Jacques deLisle
The Common Law of Causation in Tort and Questions of Policy and Institutions in the Development of Chinese Tort Law, Jacques deLisle
The Corporation in an Age of Divisiveness, Peer Zumbansen
The Critical Role of History after Dobbs, Serena Mayeri
The Exception is the Rule: The Role of Security Clearances in Employment Discrimination, A. David Sowry
The Failed Promise of Installment Fines, Beth Colgan and Jean Galbraith
The Failure of Dobbs: The Entanglement of Abortion Bans, Criminalized Pregnancies, and Forced Family Separation, Dorothy Roberts
The Federal War on Guns: A Story in Four-and-a-Half Acts, Brandon E. Beck
The International Norm Against Unjust Enrichment and State Enrichment Through the Harmful Conduct of Private Parties, Ariel Zemach
The Jurisprudence of Sport: A Research Strategy, Mitchell N. Berman
"The Key-Stone to the Arch": Unlocking Section 13's Original Meaning, Kevin Bendesky
The Lost History of the Millionaire's Amendment, Katherine Shaw
The Proposed 2010 Revisions to UCC Article 9, Norman Powell
The Pros and Cons of Plea Bargaining, Stephanos Bibas, Gregory Brower, Carissa Byrne Hessick, and Clark Neily
The Rehnquist Court's Fifth Amendment Incrementalism, Stephanos Bibas
The Shadow Constitution: Rescuing our Inheritance from Neglect and Disuse, Stephen Menendian
The Shift in Power Distribution and its Influence on the Law of the Sea, Youngmin Seo
The State Citizenship Clause, Kurt Lash
The Surprising Culprit Behind Declining US Antitrust Enforcement, Herbert Hovenkamp
The Sweep and Force of Section Three, William Baude and Michael Paulsen
Through a Glass, Darkly: The Rhetoric and Reality of Campaign Finance Disclosure, Katherine Shaw and Jennifer A. Heerwig
T.L.O. Goes Home: Remote Learning and the Future of School Search Doctrine After Ogletree v. Cleveland State University, William McDonald
Tooley Brooks No Exceptions—Equity Dilution Is Direct, Christine J. Chen and Y. Carson Zhou
Toward Abolitionist Remedies: Police (Non)Reform Litigation After the 2020 Uprisings, Cara McClellan and Jamelia N. Morgan
Transition Administration, Katherine Shaw and Michael Herz
Transportation: The Hidden Right to Exclude, Saleema Snow
Unconstitutional Conditions and the Constitutional Text, Ryan C. Williams
Unilateral Refusals to License in the U.S., Herbert Hovenkamp, Mark Janis, and Mark Lemley
Vol. 26, No. 1 Table of Contents
We're All Born Naked and the Rest is Speech: Gender Expression and the First Amendment, Charlie Ferguson
What is the Matter with Dobbs?, Andrew Coan
What's In a Name?: Common Carriage, Social Media, and the First Amendment, Christopher S. Yoo
When a Wrong Creates a Life: Tort Responses to Children Born from Institutional Sexual Violence, Karen M. Tani
“Why Change?” Monopoly and Competition in the Southeastern U.S. Electricity System, Shelley Welton and Conor Harrison
Women in Power: Clearing Pathways for Women to Rise to Positions of Organizational Leadership, Cindy A. Schipani, Terry Morehead Dworkin, and Bettina C.K. Binder