Submissions from 2023
Contract Law Should Be Faith Neutral: Reverse Entanglement Would Be Stranglement for Religious Arbitration, Michael J. Broyde and Alexa J. Windsor
Is "Public Company" Still a Viable Regulatory Category?, George S. Georgiev
The Market-Essential Role of Corporate Climate Disclosure, George S. Georgiev
Thinly Rooted: Dobbs, Tradition, and Reproductive Justice, Darren L. Hutchinson
Searches Without Suspicion: Avoiding a Four Million Person Underclass, Tonja Jacobi and Addie Maguire
101 Lawyers: Attorney Appearances in Twitter v. Musk, Andrew K. Jennings
Disclosure Procedure, Andrew K. Jennings
Addiction and Liberty, Matthew B. Lawrence
Climate Change and the Law of National Security Adaptation, Mark P. Nevitt
Climate Security Insights from the COVID-19 Response, Mark P. Nevitt
Discovering eBay's Impact on Copyright Injunctions through Empirical Evidence, Matthew Sag and Pamela Samuelson
Submissions from 2022
Sweet Old-Fashioned Notions: Legal Engagement With Anthropological Scholarship, Deepa Das Acevedo
The SEC’s Climate Disclosure Rule: Critiquing the Critics, George S. Georgiev
"With All the Majesty of the Law": Systemic Racism, Punitive Sentiment, and Equal Protection, Darren L. Hutchinson
The Corrosive Effect of Inevitable Discovery on the Fourth Amendment, Tonja Jacobi and Elliot Louthen
A Solution for the Third-Party Doctrine in a Time of Data Sharing, Contact Tracing, and Mass Surveillance, Tonja Jacobi and Dustin Stonecipher
Medicare "Bankruptcy", Matthew B. Lawrence
Protecting State Constitutional Rights from Unconstitutional Conditions, Kay L. Levine, Jonathan R. Nash, and Robert A. Schapiro
Beliefs, Information, and Institutions: Public Perception of Climate Change Information Provided by Government versus the Market, Cherie Metcalf and Jonathan R. Nash
Delegating Climate Authorities, Mark P. Nevitt
Equality Offshore, Martin W. Sybblis
Back to the Sources? What’s Clear and Not So Clear About the Original Intent of the First Amendment, John Witte Jr.
Antidiscrimination and Tax Exemption, Alex Zhang
Submissions from 2021
Introduction, Dorothy A. Brown
Religious Alternative Dispute Resolution in Israel and Other Nations With State-Sponsored Religious Courts: Crafting a More Efficient and Better Relationship Between Rabbinical Courts and Arbitration Law in Israel, Michael J. Broyde and Ezra Ives
In Contracts We Trust (and No One Can Change Their Mind)! There Should Be No Special Treatment for Religious Arbitration, Michael J. Broyde and Alexa J. Windsor
(Im)mutable Race?, Deepa Das Acevedo
The Breakdown of the Public–Private Divide in Securities Law: Causes, Consequences, and Reforms, George S. Georgiev
The Human Capital Management Movement in U.S. Corporate Law, George S. Georgiev
Is There a New Extraterritoriality in Intellectual Property?, Timothy R. Holbrook
Oral Argument in the Time of COVID: The Chief Justice Plays Calvinball, Tonja Jacobi, Timothy R. Johnson, Eve M. Ringsmuth, and Matthew Sag
Follow-Up Enforcement, Andrew K. Jennings
State Securities Enforcement, Andrew K. Jennings
Congress's Domain: Appropriations, Time, and Chevron, Matthew B. Lawrence
Victims’ Rights in the Diversion Landscape, Kay L. Levine
Making Deflection the New Diversion for Drug Offenders, Kay L. Levine, Joshua C. Hinkle, and Elizabeth Griffiths
Is Climate Change a National Emergency?, Mark P. Nevitt
Is Climate Change a Threat to International Peace and Security?, Mark P. Nevitt
The Remaking of the Supreme Court: Implications for Climate Change Litigation & Regulation, Mark P. Nevitt
Two Constitutional Rights, Two Constitutional Controversies, Michael J. Perry
Law, Growth, and the Identity Hurdle: A Theory of Legal Reform, Martin W. Sybblis
Regulatory Competition and State Capacity, Martin W. Sybblis
Israel and the Territorial Integrity of States, Johan D. van der Vyver
Health Reform Reconstruction, Lindsay F. Wiley, Elizabeth Y. McCuskey, Matthew B. Lawrence, and Erin C. Fuse Brown
Faith in Strasbourg and Luxembourg? The Fresh Rise of Religious Freedom Litigation in the Pan-European Courts, John Witte Jr. and Andrea Pin
Ostracism and Democracy, Alex Zhang
Pandemics, Paid Sick Leaves, and Tax Institutions, Alex Zhang
Submissions from 2020
Changing the Subject of Sati, Deepa Das Acevedo
Essentializing Labor Before, During, and After the Coronavirus Pandemic, Deepa Das Acevedo
Beyond Equality and Discrimination, Martha Albertson Fineman
Partisan Voting on the California Supreme Court, Mark P. Gergen, David A. Carrillo, Benjamin M. Chen, and Kevin M. Quinn
Notice Risk and Registered Agency, Andrew K. Jennings
The Supreme Court and the 117th Congress, Andrew K. Jennings and Athul K. Acharya
Against the "Safety Net", Matthew B. Lawrence
Reflections on the Effects of Federalism on Opioid Policy, Matthew B. Lawrence
Domestic Military Operations and the Coronavirus Pandemic, Mark P. Nevitt
Suing the NRA for Damages, Frank J. Vandall
Damnatio Memoriae and Black Lives Matter, Alex Zhang
The Wealth Tax: Apportionment, Federalism, and Constitutionality, Alex Zhang
Submissions from 2019
The Problems with Pornography Regulation: Lessons from History, Thomas C. Arthur
The Fallacy of Defensive Protection for Traditional Knowledge, Margo A. Bagley
Securities Disclosure as Soundbite: The Case of CEO Pay Ratios, Steven A. Bank and George S. Georgiev
Vulnerability and Social Justice, Martha Albertson Fineman
Judicial Choice among Cases for Certiorari, Tonja Jacobi and Álvaro Bustos
Taking Laughter Seriously at the Supreme Court, Tonja Jacobi and Matthew Sag
The New Oral Argument: Justices as Advocates, Tonja Jacobi and Matthew Sag
Shareholders United?, Andrew K. Jennings
Deputizing Family: Loved Ones as a Regulatory Tool in the “Drug War” and Beyond, Matthew B. Lawrence
State Standing for Nationwide Injunctions against the Federal Government, Jonathan R. Nash
National Personal Jurisdiction, Jonathan Remy Nash
The New Legal Landscape for Text Mining and Machine Learning, Matthew Sag
International Directives Relating to Sentencing, Johan D. van der Vyver
Church, State, and Sex Crimes: What Place for Traditional Sexual Morality in Modern Liberal Societies?, John Witte Jr.
Submissions from 2018
The Morality of Compulsory Licensing as an Access to Medicines Tool, Margo A. Bagley
Unbundling Freedom in the Sharing Economy, Deepa Das Acevedo
Vulnerability as a Category of Historical Analysis: Initial Thoughts in Tribute to Martha Albertson Fineman, Deborah Dinner
Supreme Irrelevance: The Court’s Abdication in Criminal Procedure Jurisprudence, Tonja Jacobi and Ross Berlin
Judicial Conflicts and Voting Agreement: Evidence from Interruptions at Oral Argument, Tonja Jacobi and Kyle Rozema
Aligning Incentives and Cost Allocation in Discovery, Jonathan R. Nash and Joanna M. Shepherd
Polar Opposites: Assessing the State of Environmental Law in the World's Polar Regions, Mark P. Nevitt and Robert Percival
Could Official Climate Denial Revive the Common Law as a Regulatory Backstop?, Mark P. Nevitt and Robert V. Percival
A "Chinese Wall" at the Nation's Borders: Justice Stephen Field and The Chinese Exclusion Case, Polly J. Price
Do State Lines Make Public Health Emergencies Worse? Federal Versus State Control of Quarantine, Polly J. Price
Notes on The Neutered Mother, or Toward a Queer Socialist Matriarchy, Teemu Ruskola
Defense Against the Dark Arts of Copyright Trolling, Matthew Sag and Jake Haskell
Consolidation and Innovation in the Pharmaceutical Industry: The Role of Mergers and Acquisitions in the Current Innovation Ecosystem, Joanna Shepherd
Medical Malpractice as Workers' Comp: Overcoming State Constitutional Barriers to Tort Reform, Alexander Volokh
Is the Corporation an Enemy of Democracy? How to Give the Corporation a Little Soul, Paul J. Zwier
Submissions from 2017
Addressing the Retirement Crisis with Shadow 401(k)s, Deepa Das Acevedo
Sovereignty and Social Change in the Wake of India's Recent Sodomy Cases, Deepa Das Acevedo
Vulnerability and Inevitable Inequality, Martha Albertson Fineman
The New World of Electoral Politics and What It Means: An Introductory Essay, Reuben Guttman and Paul J. Zwier
Undignified: The Supreme Court, Racial Justice, and Dignity Claims, Darren L. Hutchinson
Judging Law in Election Cases, Michael S. Kang and Joanna Shepherd
Internet Safe Harbors and the Transformation of Copyright Law, Matthew Sag
On Your First Day, President Trump, Please Repeal the Immunization of Gun Sellers Act, Frank J. Vandall
Judicial Non-Delegation, the Inherent-Powers Corollary, and Federal Common Law, Alexander Volokh
Challenges to Health Care Reform in 2017, Paul J. Zwier
Submissions from 2016
Exodus from and Transformation of American Civil Litigation, Richard D. Freer
Patent Anticipation and Obviousness as Possession, Timothy R. Holbrook