Print Archive
Vol. 99, No. 1 (2025)
Hiring and Firing Based on Political Views
Scott Altman*
January 2026
No Comments
INTRODUCTION A law professor’s Wall Street Journal op-ed urged law firms not to hire anti-Zionist students who, in his words, Systemic Absolution
Shima Baradaran Baughman*
January 2026
No Comments
Introduction Ancient religious tradition forms the bedrock foundation for the prevailing approach to criminal punishment. American criminal penal statutes are Sleep Deprivation in Prison
Sharon Dolovich*
January 2026
No Comments
Introduction Human beings need sleep. We all know this. When we do not get enough sleep or when the sleep Controlling the Narrative: Government Speech and Book Bans in the Public Library
Kelcey Sholl*
January 2026
No Comments
INTRODUCTION Books bring personal joy and potential for individual growth. “The right book put in the right hands at the Artificial Incompetence? Unpacking AI’s Shortcomings in Contract Drafting and Negotiation
Carly Snell*
January 2026
No Comments
INTRODUCTION This Note was inspired by my time as a data center procurement contracts intern during the summer after my | Vol. 99, No. 2 (2025)
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Vol. 98, No. 1 (2025)
Stringing Along the Songwriter: Successes and Shortcomings of Copyright Policy in Title I of the Music Modernization Act
Tara Steinmetz*
Congress’s enactment of the Music Modernization Act (“MMA”) in 2018 introduced the most substantial revision to copyright law in two Sidestepping Sovereign Trademark Territorialism: The Harmonization and Customization of the Lanham Act
Gabriella F. Franco*
Trademark territoriality—the principle that trademarks have a separate legal existence in each national jurisdiction—has been deemed a basic tenet of Evidence that the President Is an “Officer of the United States” for Purposes of Section 3 of the Fourteenth Amendment
James A. Heilpern* & Michael T. Worley†
AUTHORS’ NOTE This Article was written during the weeks before certiorari was sought in Trump v. Anderson in the aftermath The Lost History of “History and Tradition”
Dov Fox* & Mary Ziegler†
The Supreme Court has decided one blockbuster after another by appealing to “history and tradition,” deploying this trope to remake | Vol. 98, No. 2 (2025)
Eighth Amendment Stare Decisis
William W. Berry III*
In 2008, the United States Supreme Court decided Kennedy v. Louisiana, holding that the Eighth Amendment barred death sentences for Property and Prejudice
Fatma Marouf* & Vanessa Casado Pérez†
“Alien land laws”—laws restricting noncitizens from owning real property—are back. A dozen states have enacted such laws during the past The Embodiment of Sovereignty: Outrages, Section 1983 Litigation, and the Federalism Revival
Norman W. Spaulding*
A remarkable number of canonical Section 1983 cases and many other less well-known civil rights cases involve extraordinary violence—brutality that Getting a Bad “Wrap”: An Analysis of Online Contract Cases in California After Step-Saver and ProCD
Sophie Lee*
Consumers routinely enter contracts when engaging in online commerce. Such “contracts of adhesion” are created by sellers and provide no Transforming Special Education Litigation: The Milestone of Perez v. Sturgis Public Schools
Isabelle Yuan*
In March 2023, the Supreme Court issued a landmark decision in Perez v. Sturgis Public Schools, which held that individuals |
Vol. 98, No. 3 (2025)
Punishment as Placebo
Sheldon A. Evans*
May 2025
No Comments
The modern criminal punishment regime has failed to deliver on its promise of public safety. For all of the resources Decriminalizing Condemnable Conduct: A Miscalculation of Societal Costs and Benefits
Paul H. Robinson* & Jeffrey Seaman†
May 2025
No Comments
Recent developments have seen a trend toward de facto decriminalization of conduct that the community continues to see as criminally Wage Theft in Los Angeles: Evaluating the Deputization of Worker Centers as an Enforcement Measure
Kalysa To*
April 2025
No Comments
In 2023, Los Angeles County was called the “wage theft capital of the nation,” with up to $28 million stolen “Fake Drake”: Vindicating Copyright Ownership in the Advent of Generative AI Music
Melissa Schneider*
April 2025
No Comments
INTRODUCTION In April 2023, “Heart on My Sleeve” almost instantly went viral on TikTok, grabbing the attention of millions of | Vol. 98, No. 4 (2025)
Fintech and Techno-Solutionism
Hilary J. Allen*
July 2025
No Comments
Silicon Valley–style technological innovation is ill-suited to address complex problems like financial inclusion and concentrated market power, yet promises abound Fair Use and Fair Price
Roy Baharad* & Gideon Parchomovsky†
July 2025
No Comments
In this Article, we present and develop a new justification for the fair use doctrine. The accepted lore among copyright Mind the Gap(s): Mitigating Harassment in a Post-#METOO Workplace
Jamillah Bowman Williams,* Elizabeth C. Tippett† & Anu Ramdin‡
July 2025
No Comments
In a post-#MeToo workplace, harassment remains pervasive, and harassment law still fails to provide protection for the harms experienced by Familial DNA and Due Process for Innocents
Erin Sheley*
July 2025
No Comments
Ever since genealogical DNA unmasked the Golden State Killer in 2018, the use of this new forensic science has been The Default Rule and Due Process: Diverging Interpretations of “The Charging Document” Requirement in Extradition Treaties
Jacob M. Karlin*
July 2025
No Comments
INTRODUCTION The United States is a party to over one hundred bilateral extradition treaties with foreign governments. These treaties allow A Whole-of-Government Approach to Protect Unaccompanied Children from Labor Exploitation
Charlie Murphy*
July 2025
No Comments
A sharp rise in illegal child labor and an influx of unaccompanied migrant children into the United States combined to Criminalization: An Exceptionally American Response to Homelessness
Jacob Schwessinger*
July 2025
No Comments
This Note analyzes the recent trend of criminalizing homelessness in the United States. The first half discusses homelessness through the |
Vol. 98, No. 5 (2025)
Respecting Listeners’ Autonomy: The Right to be Left Alone
Ashutosh Bhagwat*
September 2025
No Comments
Introduction The core of First Amendment free speech doctrine concerns the right of speakers to convey the message of their Listening on Campus: Academic Freedom and Its Audiences
Joseph Blocher*
September 2025
No Comments
Introduction Current debates about campus speech often conflate two related but importantly distinct values: free speech and academic freedom. Both First Amendment Governance: Social Media, Power, and a Well-Functioning Speech Environment
Yasmin Dawood*
September 2025
No Comments
Introduction In Moody v. NetChoice, LLC, the Supreme Court declared, in a majority opinion by Justice Kagan, that “it is Listeners’ Choices Online
James Grimmelmann*
September 2025
No Comments
The most useful way to think about online speech intermediaries is structurally: a platform’s First Amendment treatment should depend on Islands of Algorithmic Integrity: Imagining a Democratic Digital Public Sphere
Aziz Z. Huq*
September 2025
No Comments
Introduction A class of digitally mediated online platforms play a growing role as the primary sources of Americans’ knowledge about In the Name of Accountability
Heidi Kitrosser*
September 2025
No Comments
Introduction The Supreme Court has increasingly embraced legal doctrines that empower elected officials to hide politically inconvenient information and ideas Fear and Free Speech
Helen Norton*
September 2025
No Comments
INTRODUCTION Fear changes lives. And for this reason, fear sometimes changes the law. Because of fear’s debilitating effects, the law Remarks on Academic Freedom and Free Speech: Reflections on Blocher
Rebecca L. Brown*
September 2025
No Comments
Joseph Blocher’s article is a rich contribution to our thinking about campus speech. It takes the academic endeavor seriously—both for Pluralism and Listeners’ Choices Online
Alan K. Chen*
September 2025
No Comments
“The plain, if at times disquieting, truth is that in our pluralistic society, constantly proliferating new and ingenious forms of Unchosen Listening
Erin Miller*
September 2025
No Comments
INTRODUCTION A century of developments in communications technology has done wonders for listeners. In the not-so-distant past, the listener had The First Amendment of Fear
Nelson Tebbe*
September 2025
No Comments
Introduction Fear can be a powerful silencer. Speakers may be thwarted not only by direct force but also when they Protecting Listeners From Unwanted One-to-One Speech
Eugene Volokh*
September 2025
No Comments
The Value of the One-to-One vs. One-to-Many Line “[N]o one has a right to press even ‘good’ ideas on an | Vol. 98, No. 6 (2025)
Litigation Finance in the Market Square
Suneal Bedi* & William C. Marra†
October 2025
No Comments
Litigation finance is the subject of a contentious scholarly and policy debate. Litigation funders provide capital to litigants or law A New Look at Old Money
Miranda Perry Fleischer*
October 2025
No Comments
Taxing wealth—including inherited wealth—is a hot topic, making headlines and generating heated debate. Should millionaires and billionaires face an annual Major Questions Avoidance and Anti-Avoidance
Daniel J. Hemel*
October 2025
No Comments
In recent years, the Supreme Court has articulated a new “major questions” doctrine that prescribes a heightened standard of judicial The Supervisory Power of State Supreme Courts
Adam B. Sopko*
October 2025
No Comments
State supreme courts are currently center stage as they face some of the most important issues of our time. But |
Vol. 97, No. 1 (2024)
The Federal Reserve and the Constitution
Daniel K. Tarullo*
In a number of important cases restricting the authority and independence of federal agencies, the Supreme Court’s conservative majority has Judging Firearms Evidence
Brandon L. Garrett,* Eric Tucker† & Nicholas Scurich‡
Firearms violence results in hundreds of thousands of criminal investigations each year. To try to identify a culprit, firearms examiners “Shelby County” to Clean Air Act: Evaluating the Constitutionality of California’s Clean Air Act Waiver Under the Equal Sovereignty Principle
Justine Huang*
In August 2022, California promulgated the Advanced Clean Cars II regulation, banning all sales of new gasoline-powered cars in the Restraining the Second Amendment in the Era of the Individual Right: Adopting a Modified South African Gun Control Model
Lukas T. Huldi*
In New York State Rifle & Pistol Association v. Bruen, the Supreme Court announced a novel historical test for judging Perfecting the Judicial Peremptory Challenge: A New Approach Using Preliminary Data on California Judges in 2021
Sarah Park*
Even the most carefully planned and genius strategies are pointless without an assumption of fairness: chess depends on a fair | Vol. 97, No. 2 (2024)
Regressive White-Collar Crime
Stephanie Holmes Didwania*
Fraud is one of the most prosecuted crimes in the United States, yet scholarly and journalistic discourse about fraud and The Discriminatory Religion Clauses
Wayne Batchis*
The Supreme Court’s decision in Carson v. Makin is the third in a trilogy of cases dramatically upending the meaning Corporate Social Responsibility Through Shareholder Governance
Robert P. Bartlett III* & Ryan Bubb†
New approaches to corporate purpose have emerged in recent years that hold out the promise of addressing concerns about corporate Auditor Independence: Moving Toward Harmonization or Simplification?
Nikita Patel*
INTRODUCTION Auditor independence has been a priority for the Securities and Exchange Commission (“SEC”) under the leadership of both the Miss-Stake by IRS: Proof-of-Stake’s Underinclusive Regulatory Guidance
Jack H. Duncan*
Death and taxes are the two certainties of life, and for some, the former may be more conceptually pleasant than |
Vol. 97, No. 3 (2024)
Filtered Dragnets and the Anti-Authoritarian Fourth Amendment
Jane R. Bambauer*
Filtered dragnets are digital searches that identify a suspect based on the details of a crime. They can be designed Oceanic Impunity
Stephen Cody*
Ocean protection is essential to avoid climate disaster. Phytoplankton, seaweeds, and sea grasses produce more than half of Earth’s oxygen—exceeding When Doctors Become Cops
Teneille R. Brown*
The lines between law enforcement and health care are blurring. Police increasingly lean on doctors to provide them with genetic “Bob Jones University” in the 21st Century: An Examination of Charitable Tax-Exempt Status and Religious Exemption from Title IX for Religious Colleges That Discriminate Against LGBTQ+ Students
Sydney Smith*
INTRODUCTION On March 30, 2021, the Religious Exemption Accountability Project (“REAP”) filed a historic class action lawsuit with the goal Slouching Towards San Francisco: Opioid Addiction as Public Nuisance
Andrew B. Workman*
INTRODUCTION The opioid epidemic has afflicted Americans for twenty years, from California to the New York island. What began as | Vol. 97, No. 4 (2024)
Our Parochial Administrative Law
Oren Tamir*
Going back to the birth of modern administrative law in America reveals something striking. The pioneers of the field and Decommodifying Electricity
William Boyd*
Electricity markets are struggling. Unprecedented energy price shocks, a deeply entrenched cost-of-living crisis, and the imperatives of decarbonization are challenging Infringement Episodes
Shani Shisha*
For decades, copyright scholars have waged a spirited campaign against statutory damages. Our remedial system, critics say, is an incoherent Defining the Relationship: California’s Noncompete Laws and Exclusivity in the Acting Industry Leading Up to the 2023 SAG-AFTRA Strike
Katarina Ulich*
California is firm in its stance against post-term noncompete clauses. This Note examines early Hollywood and the historical and economic Poking a Sleeping Bear: Cultural Landscapes in the 1906 Antiquities Act
Robin Willscheidt*
The American Antiquities Act of 1906 permits a president to designate “objects of historic and scientific interest”—and the federal lands |
Vol. 97, No. 5 (2024)
The Failed Promise of Treasuries in Financial Regulation
Pradeep K. Yadav* & Yesha Yadav†
U.S. government Treasury bonds (“Treasuries”) anchor financial stability. Public regulation mandates that financial firms maintain deep buffers of Treasuries that War and Coercion
Marcela Prieto Rudolphy*
Compelled service in hostile forces is prohibited by International Humanitarian Law. In the context of an international armed conflict, it Housing Gridlock
Brian M. Miller*
The housing crisis dominates much of political and economic life, and it is driven in large part by a lack Major Questions, Common Sense?
Kevin Tobia,* Daniel E. Walters† & Brian Slocum‡
The Major Questions Doctrine (“MQD”) is the newest textualist interpretive canon, and it has driven consequential Supreme Court decisions concerning | Vol. 97, No. 6 (2024)
Meme Corporate Governance
Dhruv Aggarwal,* Albert H. Choi† & Yoon-Ho Alex Lee‡
Can retail investors revolutionize corporate governance and make public companies more responsive to social concerns? Beginning in 2021, there was Common Heritage as Public Trust: A Property Law Approach to Managing Resources Beyond National Jurisdiction
Christopher Mirasola*
The search for rare minerals is taking us well beyond the bounds of national jurisdiction, and international law is struggling Rethinking Tax Information: The Case for Quarterly 1099s
Kathleen DeLaney Thomas*
When an electricity provider wants customers to pay their bills monthly, it sends them a bill each month. Yet, this Public Protest and Governmental Immunities
Timothy Zick*
This Article presents the findings of a quantitative and qualitative study of the application of qualified immunity and other governmental |
Vol. 96, No. 1 (2022)
Fractionalization to Securitization: How the SEC May Regulate the Emerging Assets of NFTs
Lauren Au*
Blockchain technology opened the world to a variety of new technological advances that reshaped the way humans interact and transact Ditching Daimler and Nixing the Nexus: Ford, Mallory, and the Future of Personal Jurisdiction under the Corporate Consent and Estoppel Framework
Shauli Bar-On*
While personal jurisdiction is intended to assess whether a defendant should be forced to defend a lawsuit in a location Toward a New Fair Use Standard: Attributive Use and the Closing of Copyright’s Crediting Gap
John Tehranian*
A generation ago, Judge Pierre Leval published Toward a Fair Use Standard and forever changed copyright law. Leval advocated for the primacy The Invention of Antitrust
Herbert Hovenkamp*
The long Progressive Era, from 1900 to 1930, was the Golden Age of antitrust theory, if not of enforcement. During Fifty Ways to Leave Your Lover: Doing Away with Separation Requirements for Divorce
Claire P. Donohue*
Despite the evolution of no-fault divorces, which were intended to remove certain barriers to divorce and essentially make any divorce | Vol. 96, No. 2 (2022)
Lenity and the Meaning of Statutes
Jeesoo Nam*
Ordinary canons of statutory interpretation try to encode linguistic rules into jurisprudence. Their purpose is to figure out the meaning Seeing and Serving Students with Substance Use Disorders Through Disability Law
Parker Cragg*
The opioid epidemic has brought the immense harms of substance abuse to the fore of national attention. Despite a growing Analyzing the Circuit Split Over CDA Section 230(E)(2): Whether State Protections for the Right of Publicity Should be Barred
Courtney Kim*
INTRODUCTION In 2018, coworkers notified Karen Hepp, a newscaster and co-anchor for the local Fox affiliate’s morning news program Good Affirmative Acting: The Role of Law in Casting More Actors With Disabilities (A Note in Five Acts)
Kira Patterson*
SETTING THE STAGE: INTRODUCTION “Always find your light.” This is a common piece of advice given to theater artists, Race and Politics: The Problem of Entanglement in Gerrymandering Cases
Stephen Menendian*
Gerrymandering—the manipulation of political districting processes and boundaries for partisan political advantage—has proven a troubling and difficult area of constitutional |
Vol. 96, No. 3 (2023)
Self-Defense Exceptionalism and the Immunization of Private Violence
Eric Ruben*
After the high-profile trial of Kyle Rittenhouse, the parameters of lawful self-defense are a subject of intense public and scholarly Suing SPACs
Emily Strauss*
In 2020, the financial world became transfixed by a massive increase in the number of firms going public through special Co-Creating Equality
Sarah Polcz*
When a creative work has many co-creators, not all of whom contributed equally, how should they split ownership? In the The Limitations of Applying the Stored Communications Act to Social Media
Victoria M. Allen*
The advent of social media has increasingly affected how people live and communicate. Millions of Americans use social media every Battle of the Opinions: Conflicting Interpretations of False Opinions and the Falsity Standard Under the False Claims Act
Thitipong Mongkolrattanothai*
Congress has let loose a posse of ad hoc deputies to uncover and prosecute frauds against the government . . . . [Bad actors] may | Vol. 96, No. 4 (2023)
No More Time Left on the Clock: Name, Image, and Likeness as the End of the Line for Student-Athlete Compensation Under Antitrust Law
Adrianna Robakowski*
Student-athletes shall be amateurs in an intercollegiate sport, and their participation should be motivated primarily by education and by the Personal Jurisdictional Limits Over Plaintiff Class Action Claims
Jonathan Remy Nash*
Commentators describe recent Supreme Court decisions as changing the law, to require courts to examine the propriety of personal jurisdiction Voting Rights in Corporate Governance: History and Political Economy
Sarah C. Haan*
Political voting rights have become the subject of sharp legal wrangling in American political elections and the focus of headlines Inflation, Market Failures, and Algorithms
Rory Van Loo*
Inflation is a problem of tremendous scale. But the leading response to inflation—raising interest rates—also poses economic risks. Raising interest Delegating War Powers
Michael D. Ramsey* & Matthew C. Waxman†
Academic scholarship and political commentary endlessly debate the President’s independent constitutional power to start wars. And yet, every major U.S. |
Vol. 96, No. 5 (2023)
After “McCleskey”
Robert L. Tsai*
In the 1987 decision, McCleskey v. Kemp, the Supreme Court rejected a black death row inmate’s argument that significant racial The Court’s Morality Play: The Punishment Lens, Sex, and Abortion
June Carbone* & Naomi Cahn†
This Article uncovers the hidden framework for the Supreme Court’s approach to public values, a framework that has shaped—and will Red, White, and Blue—And Also Green: How Energy Policy Can Protect Both National Security and the Environment
David M. Schizer*
Too often, energy policy protects the environment while neglecting national security, or vice versa. Since each goal is critical, this The Healthcure System: A Regional Accountable Care Model to Remedy Healthcare’s Pricing Problem
Christopher A.G. LoCascio*
INTRODUCTION The most sinister game show in American life commences every time a hospital provides care, draws up an eye-popping | Vol. 96, No. 6 (2023)
Regulation by Enforcement
Chris Brummer,* Yesha Yadav† & David Zaring‡
An increasingly common response by regulators to what they view as undesirable market trends or challenges has been a sharp Adventure Capital
Elizabeth Pollman*
This symposium Article traces the history and rise of venture capital and venture-backed startups in the United States from a Technology, Markets, and the Income Tax Frontier
Andrew T. Hayashi*
Income tax law and policy are fundamentally intertwined with private markets—causal effects run in both directions. The vitality of public The Meme Stock Frenzy: Origins and Implications
Dhruv Aggarwal,* Albert H. Choi† & Yoon-Ho Alex Lee‡
In 2021, several publicly traded companies, such as GameStop, Bed Bath & Beyond, and AMC, became “meme stocks,” experiencing a What’s in a Name? ESG Mutual Funds and the SEC’s Names Rule
Jill E. Fisch* & Adriana Z. Robertson†
As investor money flows into environmental, social and governance (“ESG”) mutual funds, regulators have raised growing concerns about greenwashing—specifically that AI-Generated Inventions: Implications for the Patent System
Gaétan de Rassenfosse,* Adam B. Jaffe† & Melissa Wasserman‡
In 2021, several publicly traded companies, such as GameStop, Bed Bath & Beyond, and AMC, became “meme stocks,” experiencing a The Bankruptcy Court as Crypto Market Regulator
Yesha Yadav* & Robert J. Stark†
In the second half of 2022, several large and systemically important cryptocurrency firms, such as BlockFi, Celsius, FTX, and Voyager, Data Valuation and Law
Jordan Barry* & D. Daniel Sokol†
Data has become an increasingly valuable asset. Numerous areas of law—including contracts, corporate law, intellectual property (“IP”), antitrust, tax, privacy, Secondary Trading Crypto Fraud and the Propriety of Securities Class Actions
Menesh S. Patel*
Traders participating in secondary crypto asset markets risk significant loss. Some trading loss will arise simply because of market dynamics, |
Vol. 95, No. 1 (2021)
Democracy Dies in Silicon Valley: Platform Antitrust and the Journalism Industry
Erick Franklund*
Newspapers are classic examples of platforms. They are intermediaries between, and typically require participation from, two distinct groups: on the Life Story Rights Litigation: Negotiating for a Happy Ending
Kendall Ota*
Filmmakers, television writers, and authors alike have made millions of dollars in the entertainment industry by telling stories that have Taxing Guns
Thomas Griffith*, Nancy Staudt†
Policymakers across the nation have recently adopted new taxes on guns. As expected, these policies are controversial. Supporters believe the Transgender Rights & the Eighth Amendment
Jennifer L. Levi*, Kevin M. Barry†
The past decades have witnessed a dramatic shift in the visibility, acceptance, and integration of transgender people across all aspects Designing Supreme Court Term Limits
Adam Chilton*, Daniel Epps†, Kyle Rozema‡ & Maya Sen††
Since the Founding, Supreme Court Justices have enjoyed life tenure. This helps insulate the Justices from political pressures, but it | Vol. 95, No. 2 (2022)
Voting and Campaign Financing: Inconsistencies in Law and Policy
Pablo Aabir Das*
The right to vote in elections and the right to spend[1] in elections are both historicallyrevered rights that function as critical Labor’s New Localism
Andrew Elmore*
Millions of workers in the United States, disproportionately women, immigrants, and people of color, perform low-paid, precarious work. Few of Detention, Disenfranchisement, and Doctrinal Integration
Zina Makar*
On any given day, approximately 2.3 million individuals are incarcerated, many of whom are eligible voters and are disproportionately people Closing International Law’s Innocence Gap
Brandon L. Garrett*, Laurence R. Helfer†, Jayne C. Huckerby‡
Over the last decade, a growing number of countries have adopted new laws and other mechanisms to address a gap Small Fines and Fees, Large Impacts: Ability-to-Pay Hearings
Tia Kerkhof*
Imagine, for example, that a woman fails to have auto insurance,[1] which carries a minimum fine of $500 in Massachusetts.[2] |
Vol. 95, No. 3 (2022)
Overturning Override: Why Executing a Person Sentenced to Death By Judicial Override Violates the Eighth Amendment
Meghann M. Lamb*
INTRODUCTION Judicial override is a practice by which a judge overrules a sentence decided by a jury. Perhaps the most Crack Taxes and The Dangers of Insidious Regulatory Taxes
Hayes R. Holderness*
An unheralded weapon in the War on Drugs can be found in state tax codes: many states impose targeted taxes The Role of State Attorneys General In Improving Prescription Drug Affordability
MICHELLE M. MELLO,* TRISH RILEY† & RACHEL E. SACHS‡
Impact litigation initiated by state attorneys general has played an important role in advancing public health goals in contexts as Provisional Assumptions
Heidi H. Liu*
In courtrooms, the law often asks individuals to ignore information—carefully, purposely—that otherwise feels important. Juries, for example, are often asked A Closer Look at the PTAB Operation
Ge You*
Prior to the passage of the America Invents Act (“AIA”) in 2011,[1] allegedly low-quality patents were allowed to proliferate. Many | Vol. 95, No. 4 (2022)
Divided Agencies
Brian D. Feinstein* & Abby K. Wood†
Clashes between presidential appointees and civil servants are front-page news. Whether styled as a “deep state” hostile to its democratically The Social Context of the Law: A Critical Analysis of Reliance Interests in the Department of Homeland Security v. Regents of the University of California
Raquel Muñiz,* Maria Lewis,† Grace Cavanaugh‡ & Melissa Woolsey††
In 2020, the U.S. Supreme Court ruled on the Department of Homeland Security v. Regents of the University of California case. Dimensional Disparate Treatment
Benjamin Eidelson*
The Supreme Court’s decision in Bostock v. Clayton County was an important victory for gay and transgender workers—but the Court’s Say Yes to Her Redress: A Two-Step Approach to Post-Divorce Embryo Disputes
Gabrielle Lipsitz*
INTRODUCTION I can’t believe Taylor Swift is about to turn 30 – she still looks so young! It’s strange to Without Exception? The Ninth Circuit’s Evolving Stance on Nondebtor Releases in Chapter 11 Reorganizations
Caleb Downs*
INTRODUCTION Chapter 11 of the Bankruptcy Code (or the “Code”) allows a troubled business debtor the opportunity to restructure its |
Vol. 95, No. 5 (2022)
The Rise of Bankruptcy Directors
Jared A. Ellias, * Ehud Kamar† & Kobi Kastiel‡
In this Article, we use hand-collected data to shed light on a troubling development in bankruptcy practice: distressed companies, especially Cannon Fodder, or a Soldier’s Right to Life
Saira Mohamed*
In recent years, hundreds of American service members have died in training exercises and routine non-combat operations, aboard American warships, Colorblind Constitutional Torts
Osagie K. Obasogie* & Zachary Newman†
Much of the recent conversation regarding law and police accountability has focused on eliminating or limiting qualified immunity as a Who’s on the Hook for Digital Piracy? Analysis of Proposed Changes to the Digital Millennium Copyright Act and Secondary Copyright Infringement Claims
Erika Pang
FBI Anti-Piracy Warning: The unauthorized reproduction or distribution of a copyrighted work is illegal. Criminal copyright infringement, including infringement without The Agency Problem in SPACs: A Legal Analysis of SPAC IPO Investor Protections
Tyler J. Martin
The events that occurred in 2020 drastically altered the world’s financial markets,[1] contributing to an increase in Initial Public Offerings | Vol. 95, No. 6 (2022)
Justice Breyer’s Friendly Legacy for Environmental Law
Richard J. Lazarus*
Environmentalists did not cheer President Bill Clinton’s decision in May 1994 to nominate then-First Circuit Judge Stephen Breyer to fill Should Humanity Have Standing? Securing Environmental Rights in the United States
Daniel C. Esty*
While courts around the world are increasingly recognizing rights of nature or the rights of individuals or communities to a Standing for Rivers, Mountains—and Trees—in the Anthropocene
David Takacs*
In his well-known article, Should Trees Have Standing?—Toward Legal Rights for Natural Objects, Professor Christopher Stone proposed that courts grant Fish, Whales, and a Blue Ethics for the Anthropocene: How Do We Think About the Last Wild Food in the Twenty-First Century
Robin Kundis Craig*
One of the lesser celebrated threads of Christopher Stone’s scholarship was his interest in the ocean—especially international fisheries and whaling. Identifying Contemporary Rights of Nature in the United States
Karen Bradshaw*
The Rights of Nature movement is at the precipice of watershed social changes. Leaders of this international, Indigenous-led movement call |
The Rehnquist Court, Structural Due Process, and Semisubstantive Constitutional Review
Article by Dan T. Coenen
Using Legal Process to Fight Terrorism: Detentions, Military Commissions, International Tribunals, and the Rule of Law
Article by Laura A. Dickinson
A Haven for Hate: The Foreign and Domestic Implications of Protecting Internet Hate Speech Under the First Amendment
Note by Peter J. Breckheimer
Equality in the Workplace: Why Family Leave Does Not Work
Note by Erin Gielow
