Washington University Law Review
- DRUG DEALING: MAKING PUBLIC PHARMA WORK.
- The decline of class actions.
- WATER LAW TRANSITIONS IN THE ERA OF CLIMATE CHANGE.
- A REIGN OF ERROR: PROPERTY RIGHTS AND STARE DECISIS.
- INNOVATION SNOWBALLING AND CLIMATE LAW.
- SHIELDING CHILDREN FROM PORNOGRAPHY BY INCENTIVIZING PRIVATE CHOICE.
- When any sentence is a life sentence: employment discrimination against ex-offenders.
- Social innovation.
- CONSUMER FINANCIAL PROTECTION IN HEALTH CARE.
- The anti-bottleneck principle in employment discrimination law.(Introduction through II. Three New Kinds of Antidiscrimination Statutes - and Why They Are Here, p. 1429- 1470)
- THE LAW OF EMERGING ADULTS.
- HOW ZIGLAR V. ABBASI SHEDS LIGHT ON QUALIFIED-IMMUNITY DOCTRINE.
- THE INVENTION MYTH.
- INVESTOR CLIMATE ALLIANCES.
- ECONOMIC REGULATION AND RURAL AMERICA.
- FAIRNESS FOR ALL? THE IMPLICATIONS OF ADOPTING A THIRDGENDER CATEGORY IN ELITE SPORTS.
- THE COMMON OWNERSHIP TAX STRATEGY.
- Toward a critical corporate law pedagogy and scholarship.(I. Introduction through III. Citizens United and the New Political Power of the Public Firm, p. 397-423)
- BANKING ON DEMOCRACY.
- GOOD INTENTIONS: ADMINISTRATIVE FIAT AND THE GENERAL WELFARE EXCLUSION.
- FUTURE-PROOFING ENERGY TRANSPORT LAW.
- Determining ownership and control of IPv4 addresses.
- THE REDISCOVERED STAGES OF AGENCY ADJUDICATION.
- Myth of the color-blind judge: an empirical analysis of racial harassment cases.
- THE SPAC MARKET.(special purpose acquisition companies)
- Does the Eighth Amendment Punishments Clause prohibit only punishments that are both cruel and unusual?
- Tossing the red flag: official (judicial) review and shareholder-fan activism in the context of publicly traded sports teams.
- COMPASSIONATE HOMICIDE.
- Disentangling child pornography from child sex abuse.
- Marginalizing risk.
- The contours of constitutional approval.
- The trouble with Basic: price distortion after Halliburton.
- For-profit corporations, free exercise, and the HHS mandate.(Abstract through I. Background on the Current Challenges to the HHS Mandate, p. 589-619)(Department of Health and Human Services)
- Jurisdiction by cross-reference.
- EXTRAORDINARY WRIT OR ORDINARY REMEDY? MANDAMUS AT THE FEDERAL CIRCUIT.
- Avoiding an "unavoidably imperfect situation": searching for strategies to divert mentally ill people out of immigration removal proceedings.
- Kimbrough, Spears, and categorical rejection: the latest additions to the family of federal sentencing policy cases.
- WHAT'S LEFT OF THE SUSPENSION CLAUSE AFTER JONES V. HENDRIX?
- DO THE SECURITIES LAWS ACTUALLY PROTECT INVESTORS (AND HOW)? LESSONS FROM SPACS.(special purpose acquisition companies)
- CONSIDERING THE PRIVATE ANIMAL AND DAMAGES.
- EVIDENCE-BASED LAWYER REGULATION.
- The right to a public trial and closing the courtroom to disruptive spectators.
- Activist distressed debtholders: the new barbarians at the gate?
- In defense of the substance-procedure dichotomy.
- For-profit corporations, free exercise, and the HHS mandate.
- THE PRICE OF EXIT.
- The conventional option.
- NOTICE PLEADING'S QUIET RETURN.
- Bankruptcy and the future of aggregate litigation: the past as prologue?
- Completing the picture of uncertain patent scope.
- Consumer protection in the age of big data.
- The irrelevance of politics for arbitrary and capricious review.
- CANDIDES AND CASSANDRAS: TECHNOLOGY AND FREE SPEECH ON THE ROBERTS COURT.(Symposium: The Roberts Court's First Amendment)
- Rediscovering Oyama v. California: at the intersection of property, race, and citizenship.
- Patent law's functionality malfunction and the problem of overbroad, functional software patents.
- Supervision and collaboration requirements: the vulnerability of nurse practitioners and its implications for retail health.
- From cautionary example to "city on a hill": revitalizing Saint Louis may require an innovative regional taxation model.
- TRANSGENDER DISENFRANCHISEMENT.
- Deconstructing deem and pass: a constitutional analysis of the enactment of bills by implication.(I. Introduction through IV. The Framers, the Federal Convention, and the Passage of Bills, p. 1071-1103)
- HOW CONTENT MODERATION MAY EXPOSE SOCIAL MEDIA COMPANIES TO GREATER DEFAMATION LIABILITY.
- Combating Exclusion & Achieving Affordable Housing: The Case for Broad Adoption of Housing Appeals Statutes.
- WORKING THROUGH MENOPAUSE.
- The Ancient Mariner of constitutional law: the historical, yet declining role of navigability.
- COULD OFFICIAL CLIMATE DENIAL REVIVE THE COMMON LAW AS A REGULATORY BACKSTOP?
- Taxing polygamy.(Introduction through IV. Tax Discrimination and Fairness, p. 113-138)
- Liberty's Refuge: The Forgotten Freedom of Assembly.
- The right to remain armed.
- The black box solution to autonomous liability.
- WHO SHOULD OWN POLICE BODY CAMERA VIDEOS?
- CONSTITUTIONAL PRIVATE LAW.
- WRONGLY "IDENTIFIED": WHY AN ACTUAL KNOWLEDGE STANDARD SHOULD GOVERN HEALTH CARE PROVIDERS' FALSE CLAIMS ACT OBLIGATIONS TO REPORT AND RETURN MEDICARE AND MEDICAID OVERPAYMENTS.
- A proposed fat-tail risk metric: disclosures, derivatives, and the measurement of financial risk.
- A change in the environment of plea bargaining: using the inspiration of administrative procedural safeguards like NEPA to add process protections.
- CLIFF RUNNING.(dealing with professional misconduct)
- How Lambis and CSLI Litigation Mandate Warrants for Cell-Site Simulator Usage in New York.(cell site location information)
- Liberty's Refuge: The Forgotten Freedom of Assembly.
- Formalizing gratuitous and contractual transfers: a situational theory.
- Sweet dreams aren't made of these: how the VA's disability compensation program leaves veterans alone in the nightmare of posttraumatic stress disorder.
- OF SINNERS & SCAPEGOATS: THE ECONOMICS OF COLLECTIVE PUNISHMENT.
- When the facts and the law are against you, argue the genes? A pragmatic analysis of genotyping mitigation defenses for psychopathic defendants in death penalty cases.
- THE FUTURE OF JURISDICTION.
- Social networking v. the employment-at-will doctrine: a potential defense for employees fired for facebooking, terminated for twittering, booted for blogging, and sacked for social networking.
- POLICING CHILDREN'S DATA.
- STOP BLAMING MILTON FRIEDMAN!(shareholder primacy model)
- PAYDAY.(legal remedies and reform)
- CORPORATE SHORT-TERMISM AND INTERTEMPORAL CHOICE.
- Salvaging the 2013 Federal Law Clerk Hiring season.
- ACKNOWLEDGMENTS AS A WINDOW INTO LEGAL ACADEMIA.
- Elderly drivers: balancing public safety with permanent personal mobility.
- "EXTRAORDINARY AND COMPELLING" CIRCUMSTANCES: REVISITING THE ROLE OF COMPASSIONATE RELEASE IN THE FEDERAL CRIMINAL JUSTICE SYSTEM IN THE WAKE OF THE FIRST STEP ACT.(Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act of 2018)
- FORD'S UNDERLYING CONTROVERSY.
- CLOSING THE FINANCIAL PRIVACY LOOPHOLE: DEFINING "ACCESS" IN THE RIGHT TO FINANCIAL PRIVACY ACT.
- Pay it forward? Law and the problem of restricted-spending philanthropy.
- Airspace and the takings clause.(I. Airspace Rights and the Power of Eminent Domain through III. Filling the gap: A Takings rule for Veiled Airspace Easement Regulations C. Measuring Just Compensation, p. 421-455)
- "MAY IT PLEASE HER HONOR": THE UNITED STATES' FIRST WOMEN JUDGES, 1870- 1930.
- UNTANGLING ENTANGLEMENT.(Taking Stock of the Religion Clauses)
- NONMARITAL FATHERS IN FAMILY COURT: JUDGES' AND LAWYERS' PERSPECTIVES.
- AI OUTPUTS ARE NOT PROTECTED SPEECH.(artificial intelligence)
- Market intermediation, publicness, and securities class actions.
- What administrative law can teach the trademark system.(Introduction through II. The Trademark Office and Administrative Law Doctrine C. Factual Determinations 1. Deference Jurisprudence with Respect to Factual Determinations, p. 1511-1551)
- Double jeopardy and multiple sovereigns: a jurisdictional theory.
- Strict liability for individuals? The impact of 3-D printing on products liability law.
- Unsophisticated wealth: reconsidering the SEC's "accredited investor" definition under the 1933 Act.
- Is there a law instinct?
- Paving the Delaware way: legislative and equitable limits on bylaws after ATP.
- DENIALISM AND THE DEATH PENALTY.
- The Japanese Constitution as law and the legitimacy of the Supreme Court's constitutional decisions: a response to Matsui.(response to article by Shigenori Matsui in this issue, p. 1375)(Symposium: Decision Making on the Japanese Supreme Court)
- Linking the questions: judicial supremacy as a matter of constitutional interpretation.
- THE UNDEMOCRATIC CLASS ACTION.
- RETURN OF THE DE MINIMIS EXCEPTION IN DIGITAL MUSIC SAMPLING: THE NINTH CIRCUIT'S RECENT HOLDING IN VMG SALSOUL IMPROVES UPON THE SIXTH CIRCUIT'S HOLDING IN BRIDGEPORT, BUT RAISES QUESTIONS OF ITS OWN.
- THE BOOGEYMAN: DEREK BOOGAARD AND THE DETRIMENTAL EFFECTS OF SECTION 301 PREEMPTION.
- THE RULE OF LENITY AND AFFIRMATIVE DEFENSES.
- Crossed wires: outdated perceptions of electronic communications in the NLRB'S Purple Communications decision.
- THE VIEW FROM MY WINDOW.(Symposium: The Roberts Court's First Amendment)
- THE GOOD FAITH INQUIRY: WHAT ABOUT THE WORKER ANTS?
- PATENTING THE UNEXPLAINED.
- Noise reduction: the screening value of qui tam.
- Salazar v. Buono: the failed landmark case and its illustration of the two sides of plurality opinions.
- Students, police, and the school-to-prison pipeline.(Abstract through II. Law Enforcement Officers in Schools, p. 919-952)
- INCOME-DEPENDENT PUNITIVE DAMAGES.
- Of meat and manhood.
- GIVING CREDIT WHEN YOU ARE DUE: TAX CREDITS FOR BIRTH MOTHERS POST- DOBBS.
- CRYPTO ASSETS AND THE PROBLEM OF TAX CLASSIFICATIONS.(IRS Notice 2014-21 )
- CONSEQUENTIAL DAMAGES CLAUSES: ALIEN VOMIT OR INTELLIGENT DESIGN?
- Reading the tea leaves: the Supreme Court and the future of coalition districts under section 2 of the Voting Rights Act.
- THE PROSECUTION BAR.
- The decline of class actions.
- POLITICS AND THE COURTROOM: A BATTLE BETWEEN FEDERAL RULE OF CIVIL PROCEDURE 24 AND AMICUS CURIAE BRIEFS.
- Sex offenders are different: extending Graham to categorically protect the less culpable.
- Shades of the American dream.
- Market makers and vampire squid: regulating securities markets after the financial meltdown.
- CITIZEN CORP. - CORPORATE ACTIVISM AND DEMOCRACY.
- FILLING THE JURISPRUDENTIAL GAP: "REGULAR AND ESTABLISHED PLACE OF BUSINESS" AFTER IN RE CRAY, INC.
- Throwing a toy wrench in the "greatest legal engine": child witnesses and the confrontation clause.
- The 'shell bill' game: avoidance and the Origination Clause.(Abstract through II. The Jurisprudence of the Origination Clause, p. 659-698)
- PATENT INFRINGEMENT IN PERSONALIZED MEDICINE: LIMITATIONS OF THE EXISTING EXEMPTION MECHANISMS.
- PROSECUTORIAL ANALYTICS.
- Public laws and private lawmakers.
- SAFE SOCIAL SPACES.(Special Issue on Right of Privacy)
- Criminal relationships: vertical and horizontal relatedness in criminal RICO.
- Defining patent scope by the novelty of the idea.
- The speaker the court forgot: re-evaluating NLRA section 8(b)(4)(B)'s secondary boycott restrictions in light of Citizens United and Sorrell.
- AMNESTY FOR EVEN THE WORST OFFENDERS.
- LEGAL DEFIANCE: GOVERNMENT-SANCTIONED GRAFFITI WALLS AND THE FIRST AMENDMENT.(Symposium: The Roberts Court's First Amendment)
- Intruders in the boardroom: the case of constituency directors.
- Bitproperty and commercial credit.
- THE DEBT LIMIT.
- Popular constitutionalism and relaxing the dead hand: can the people be trusted?
- CRIMINALIZED STUDENTS, REPARATIONS, AND THE LIMITS OF PROSPECTIVE REFORM.
- The proper meaning of "proper": why the regulation of intrastate, non-commercial species under the Endangered Species Act is an invalid exercise of the commerce clause.
- Managerial judging and substantive law.
- Event studies in securities litigation: low power, confounding effects, and bias.
- DEPORTATION DEADLINE.
- SOCIAL MISSION IMPOSSIBLE: WHY FIDUCIARY-LIKE OBLIGATIONS MUST PROTECT WHOLLY OWNED BENEFIT CORPORATIONS.
- THREE FORMS OF LEGAL PRAGMATISM.(Symposium on Brian Z. Tamanaha's "A Realistic Theory of Law")
- The trouble with transfers: an analysis of the referral of Uwinkindi to the Republic of Rwanda for trial.
- Legislative oversight of a bill of rights: a way to rectify judicial activism.
- WHAT IS PENAL MINIMALISM?
- PHYLLIS SCHLAFLY AND HOW FORGETTING WOMEN'S STRUGGLES FOR EQUALITY PERPETUATES INEQUALITY.
- DECENTRALIZED PUBLIC LEDGER SYSTEMS AND SECURITIES LAW: NEW APPLICATIONS OF BLOCKCHAIN TECHNOLOGY AND THE REVITALIZATION OF SECTIONS 11 AND 12(A)(2) OF THE SECURITIES ACT OF 1933.
- Rationalizing costs in investment treaty arbitration.
- Alienage classifications and the denial of health care to DREAMers.(Abstract through II. Scrutinizing Standards of Review for Alienage Classifications B. Discrimination by the Federal Government, p. 1271-1306)
- The use of merger analysis techniques to assess the competitive effects of reverse payment settlements.
- FIDUCIARY BLIND SPOT: THE FAILURE OF INSTITUTIONAL INVESTORS TO PREVENT THE ILLEGITIMATE USE OF WORKING AMERICANS' SAVINGS FOR CORPORATE POLITICAL SPENDING.
- THE (E)X FACTOR: ADDRESSING TRAUMA FROM POST-SEPARATION DOMESTIC VIOLENCE AS JUDICIAL TERRORISM.
- 'A horrible fascination': segregation, obscenity & the cultural contingency of rights.
- EVISCERATING A HEALTHY CHURCH-STATE SEPARATION.
- Epilogue: moral panics and body cameras.
- TO CONSIDER OR TO USE? CITATION TO FOREIGN AUTHORITY AND LEGAL AESTHETICS.
- Life is better in the land down under: Australian treatment of GM contamination and why it should be followed in the United States.(genetically modified)
- CORPORATE PURPOSE AND CORPORATE COMPETITION.
- THE ORIGINAL MEANING OF THE SIXTEENTH AMENDMENT.
- TRIBAL SOVEREIGNTY & SOVEREIGN IMMUNITY IN BANKRUPTCY.
- PROTECTING THE DEMOCRATIC ROLE OF THE PRESS: A LEGAL SOLUTION TO FAKE NEWS.
- SENTENCING CO-OFFENDERS.
- THE MACROECONOMICS OF INTELLECTUAL PROPERTY.
- RECENT DEVELOPMENTS IN MANDATORY ARBITRATION WARFARE: WINNERS AND LOSERS (SO FAR) IN MASS ARBITRATION.
- HUSHING CONTRACTS.
- Boumediene vs. Verdugo-Urquidez: the battle for control over extraterritoriality at the southwestern border.
- Say on pay around the world.(Introduction through I. Description of the Say on Pay Regimes: Legal Rules and Voting Outcomes F. Germany 2. Assessment of Shareholder Voting Power on Executive Remuneration Agreements in Germany a. Executive Remuneration in Germany, p. 653-691)
- ROBOCALLS HAVE BEEN BLOCKED, BUT BUSINESSES CAN-SPAM EMAILS WITH LITTLE REGULATION.
- PUBLIC UNIONS UNDER FIRST AMENDMENT FIRE.(Symposium: The Roberts Court's First Amendment)
- Using litigation to address violence in urban public schools.
- THE STOCK ACT TEN YEARS LATER: THE NEED FOR A NEW CONGRESSIONAL INSIDER TRADING REGULATORY SCHEME.(proposed Stop Trading on Congressional Knowledge Act of 2011)
- Revisiting class-based affirmative action in government contracting.
- SAFE AT HOME: REIMAGINING ADDRESS CONFIDENTIALITY.
- Factions for the rest of us.
- The seven dirty words you should be allowed to say on television.
- Moral panics and body cameras.
- The evolution of federal courts' healthcare antitrust analysis: does the PPACA spell the end to hospital mergers?
- Activist hedge funds and the corporation.
- THE PATHOLOGIES OF DIGITAL CONSENT.(Special Issue on Right of Privacy)
- Assembling class actions.
- Disrupting education federalism.(Abstract through I. The Case for Reexamining Education Federalism, p. 959-983)
- THE EVOLUTION OF STANDING AND THE NEED FOR FOUNDATIONAL REALISM: A HISTORICAL INQUIRY FROM HAYBURN TO HARVARD.
- Bureaucratic oppression: its causes and cures.
- JUSTICE STEVENS, THE WRITER.(a)(Washington University School of Law 150th Anniversary Commemorative Issue)
- PROPERTY AND THE PROBLEM OF DISUSE.
- NONCOMPETES AS TAX EVASION.
- The case for employee referenda on transformative transactions as shareholder proposals.