Washington University Law Review
- DENIALISM AND THE DEATH PENALTY.
- REGULATING SPEECH ONLINE: FREE SPEECH VALUES IN CONSTITUTIONAL FRAMES.
- INNOVATION SNOWBALLING AND CLIMATE LAW.
- THE LAW OF VIBES: MUCH ADO ABOUT PRELIMINARY INJUNCTIONS.
- How NFIB V. Sebelius affects the constitutional gestalt.
- Factions for the rest of us.
- Pushing the limits of jurisdiction over foreign actors under the Foreign Corrupt Practices Act.
- A diamond in the rough: trans-substantivity of the Federal Rules of Civil Procedure and its detrimental impact on civil rights.
- THE INVENTION MYTH.
- INVESTOR CLIMATE ALLIANCES.
- Kimbrough, Spears, and categorical rejection: the latest additions to the family of federal sentencing policy cases.
- THE GOOD FAITH INQUIRY: WHAT ABOUT THE WORKER ANTS?
- THE POLITICAL ECONOMY OF WTO EXCEPTIONS.
- ROBOCALLS HAVE BEEN BLOCKED, BUT BUSINESSES CAN-SPAM EMAILS WITH LITTLE REGULATION.
- ACKNOWLEDGMENTS AS A WINDOW INTO LEGAL ACADEMIA.
- Students, police, and the school-to-prison pipeline.
- OF SINNERS & SCAPEGOATS: THE ECONOMICS OF COLLECTIVE PUNISHMENT.
- Veterans at the gates: exploring the new GI Bill and its transformative possibilities.
- Key implications of the Dodd-Frank Act for independent regulatory agencies.
- PERSONAL JURISDICTION AND FEDERALISM.
- EXTRAORDINARY WRIT OR ORDINARY REMEDY? MANDAMUS AT THE FEDERAL CIRCUIT.
- NONMARITAL FATHERS IN FAMILY COURT: JUDGES' AND LAWYERS' PERSPECTIVES.
- For-profit corporations, free exercise, and the HHS mandate.
- NO PAY FOR SEXIST PERFORMANCE: HOW GENDER DISPARITIES IN HEALTHCARE HURT HOSPITALS' PAY FOR PERFORMANCE REIMBURSEMENTS.
- Copyright and inequality.
- EVIDENCE-BASED LAWYER REGULATION.
- TRANSGENDER DISENFRANCHISEMENT.
- THE PROSECUTION BAR.
- COLLECTIVE GOODS AND THE COURT: A THEORY OF CONSTITUTIONAL COMMODIFICATION.
- How Lambis and CSLI Litigation Mandate Warrants for Cell-Site Simulator Usage in New York.
- Judges who settle.
- Sweet dreams aren't made of these: how the VA's disability compensation program leaves veterans alone in the nightmare of posttraumatic stress disorder.
- HISTORY, TRADITION, AND THE FRANCHISE.
- GIVING CREDIT WHEN YOU ARE DUE: TAX CREDITS FOR BIRTH MOTHERS POST- DOBBS.
- The arbitration clause as super contract.
- COPYRIGHT AND THE BRAIN.
- When any sentence is a life sentence: employment discrimination against ex-offenders.
- DEMOCRATIC CHANGE, FAST AND SLOW: NAVIGATING TENSIONS IN PRO-ABORTION ORGANIZING.
- The lawmaking family.
- Market intermediation, publicness, and securities class actions.
- A proposed fat-tail risk metric: disclosures, derivatives, and the measurement of financial risk.
- Hidden taxes.
- BALANCING THE CONSPIRACY'S BOOKS: INTER-COMPETITOR SALES AND PRICE-FIXING CARTELS.
- Disrupting education federalism.
- The 'shell bill' game: avoidance and the origination clause.
- AI'S HIPPOCRATIC OATH.
- PHYLLIS SCHLAFLY AND HOW FORGETTING WOMEN'S STRUGGLES FOR EQUALITY PERPETUATES INEQUALITY.
- Linking the questions: judicial supremacy as a matter of constitutional interpretation.
- Determining ownership and control of IPv4 addresses.
- CLIFF RUNNING.(dealing with professional misconduct)
- HOW DO JUDGES DECIDE SCHOOL FINANCE CASES?
- CHOOSING WISELY: ENVISIONING PERINATAL HOSPICE NOTIFICATION LAWS THAT INFORM AND EMPOWER.
- NEGATIVE ACTIVISM.
- A GENERAL DEFENSE OF INFORMATION FIDUCIARIES.(response to Lina M. Khan and David E. Pozen, Harvard Law Review, vol. 133, p. 497, 2019)
- Uncertain futures in evolving financial markets.
- Preemption and removal: Watson shuts the federal officer backdoor to the federal courthouse, conceals familiar motive.
- 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.
- STANDING ORDERS: A SURVEY OF INDIVIDUAL JUDGES' REGULATION OF PRACTICE IN ALL FUTURE CASES BEFORE THEM.
- THE 14th CIRCUIT.
- JUDICIAL REVIEW IN PUBLIC AND PRIVATE GOVERNANCE.
- WOKE-WASHING AT WORK.
- For-profit corporations, free exercise, and the HHS mandate.
- Damages for indirect patent infringement.
- The 'shell bill' game: avoidance and the origination clause.
- Public actors in private markets: toward a developmental finance state.
- THE FUTURE OF JURISDICTION.
- MAY SHE GET JUSTICE: HOW COERCIVE CONTROL STATUTES MITIGATE RELIGIOUS ABUSE IN CONTESTED JEWISH DIVORCES.
- Rebellious state crimmigration enforcement and the foreign affairs power.
- PATENTING THE UNEXPLAINED.
- Lean on me: a physician's fiduciary duty to disclose an emergent medical risk to the patient.
- Shades of the American dream.
- Rationalizing costs in investment treaty arbitration.
- The decline of class actions.
- CITIZEN CORP. - CORPORATE ACTIVISM AND DEMOCRACY.
- 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.
- PATENT INFRINGEMENT IN PERSONALIZED MEDICINE: LIMITATIONS OF THE EXISTING EXEMPTION MECHANISMS.
- Popular constitutionalism and relaxing the dead hand: can the people be trusted?
- CRIMINALIZED STUDENTS, REPARATIONS, AND THE LIMITS OF PROSPECTIVE REFORM.
- Market intermediation, publicness, and securities class actions.
- Public laws and private lawmakers.
- IP, R.I.P.
- The role of the judge in non-class settlements.
- COMPASSIONATE HOMICIDE.
- THE CONSEQUENCES OF ENDING BIRTHRIGHT CITIZENSHIP.
- PROSECUTORIAL ANALYTICS.
- SAFE SOCIAL SPACES.
- LAWNESS.
- Left behind, and then pushed out: charting a jurisprudential framework to remedy illegal student exclusions.
- From cautionary example to "city on a hill": revitalizing Saint Louis may require an innovative regional taxation model.
- Judging, expertise, and the rule of law.
- CUTTING THROUGH: THIRTEEN WAYS OF LOOKING AT JUSTICE STEVENS.
- The constitutional hall pass: rethinking the gap in section 1983 liability that public schools have enjoyed since DeShaney.
- Intruders in the boardroom: the case of constituency directors.
- VARYING SCRUTINY AND CONSTITUTIONAL INCOMPATIBILITY IN NEW YORK MORTGAGE LAW.
- PRIVACY'S PAST: THE ANCIENT CONCEPT AND ITS IMPLICATIONS FOR THE CURRENT LAW OF PRIVACY.
- Is there a law instinct?
- MINOR V. HAPPERSETT AND THE REPUDIATION OF UNIVERSAL SUFFRAGE.
- Executive weapons to combat infection of the art market.
- Personal jurisdiction in a global world: the impact of the Supreme Court's decisions in Goodyear Dunlop Tires and Nicastro.
- Corruption, corporations, and the new human right.(III. A New Cornerstone: Rebuilding Corporate Liability after Kiobel through Conclusion, with footnotes, p. 1402-1428)
- CITIZENSHIP AND EMPIRE IN ELK V. WILKINS.
- REGULATION OF BOOK MARKETS.
- Why do cities innovate in public health? Implications of scale and structure.
- Why is the Japanese Supreme Court so conservative?
- THE CONSENT MYTH: IMPROVING CHOICE FOR PATIENTS OF THE FUTURE.
- The Supreme Court of Japan: commentary on the recent work of scholars in the United States.
- Reserved seats on Japan's Supreme Court.
- What administrative law can teach the trademark system.
- Diversity and the federal bench.
- How NFIB V. Sebelius affects the constitutional gestalt.
- Averting educational crisis: funding cuts, teacher shortages, and the dwindling commitment to public education.
- SUPERSTAR CEOS AND CORPORATE LAW.
- A REIGN OF ERROR: PROPERTY RIGHTS AND STARE DECISIS.
- WHAT LITIGATORS CAN TEACH THE PATENT OFFICE ABOUT PHARMACEUTICAL PATENTS.
- The Ancient Mariner of constitutional law: the historical, yet declining role of navigability.
- Bilingual education: lessons from abroad for America's pending crisis.
- HOW CONTENT MODERATION MAY EXPOSE SOCIAL MEDIA COMPANIES TO GREATER DEFAMATION LIABILITY.
- BAN THE BLACK BOX: CRIMINAL BACKGROUND SCREENING AND THE INFORMATION-WITHHOLDING PROBLEM.
- UNTANGLING ENTANGLEMENT.
- (Mis)trusting states to run elections.
- Blackness as delinquency.
- SOME THOUGHTS ABOUT A FORMER COLLEAGUE.
- The unwarranted weight of a 'paper barrier': a proposal to ax the apex doctrine.
- ALGORITHMIC ENTITIES.
- The use of merger analysis techniques to assess the competitive effects of reverse payment settlements.
- The Ancient Mariner of constitutional law: the historical, yet declining role of navigability.
- Corporate law and the limits of private ordering.
- Epilogue: moral panics and body cameras.
- Disrupting education federalism.
- Regulating complexity in financial markets.
- A tisket, a tasket: basketing and corporate tax shelters.
- Left behind: the paternalistic treatment of status offenders within the juvenile justice system.
- Gay marriage and the problem of property.
- The decline of class actions.
- Breaking bad? Too-big-to-fail banks not guilty as not charged.
- How the professional judgment standard could undermine the validity of sexually violent predator laws.
- Sturm und Drang, 1953-1980.
- CORPORATE SHORT-TERMISM AND INTERTEMPORAL CHOICE.
- Mandatory disclosure and individual investors: evidence from the JOBS Act.
- PROPERTY AND THE PROBLEM OF DISUSE.
- REIMAGINING THE "TEAM FOUR PLAN" WITH AN EYE TOWARD COMMUNITY COLLABORATION AND PRIVATE CAPITAL.
- The Equal Employment Opportunity Commission and structural reform of the American workplace.
- Intruders in the boardroom: the case of constituency directors.
- Distortion other than price distortion.
- JUSTICE STEVENS, THE WRITER.
- The case for employee referenda on transformative transactions as shareholder proposals.
- The mugshot industry: freedom of speech, rights of publicity, and the controversy sparked by an unusual new type of business.
- Equal protection for children of same-sex parents.
- THE ORIGINAL MEANING OF THE SIXTEENTH AMENDMENT.
- The limits of Second Amendment originalism and the constitutional case for gun control.
- HONORING JOEL SELIGMAN.
- CONGRESS IN THE ADMINISTRATIVE STATE.
- THE MARITAL HABITUS.
- TO CONSIDER OR TO USE? CITATION TO FOREIGN AUTHORITY AND LEGAL AESTHETICS.
- TECHNOLOGICALLY DISTORTED CONCEPTIONS OF PUNISHMENT.
- Concerning the Japanese public's evaluation of Supreme Court justices.
- The conventional option.
- Bridging the great divide - a response to Linda Greenhouse and Reva B. Siegel's 'Before (and after) Roe v. Wade: new questions about backlash'.
- LIES BEHIND BARS: AN ANALYSIS OF THE PROBLEMATIC RELIANCE ON JAILHOUSE INFORMANT TESTIMONY IN THE CRIMINAL JUSTICE SYSTEM AND A TEXAS-SIZED ATTEMPT TO ADDRESS THE ISSUE.
- WHAT'S LEFT OF THE SUSPENSION CLAUSE AFTER JONES V. HENDRIX?
- Bankruptcy and the future of aggregate litigation: the past as prologue?
- The black box solution to autonomous liability.
- ANTITRUST HARM AND CAUSATION.
- AUTOMATIC F: REFORMING TEACHER DISQUALIFICATION LAWS IN NEW JERSEY.
- TIME IS MONEY: AN EMPIRICAL ASSESSMENT OF NONECONOMIC DAMAGES ARGUMENTS.
- One-action in more states: the propriety of expanding the Kansas one-action rule into other jurisdictions.
- Liberty's Refuge: The Forgotten Freedom of Assembly.
- THE SUPREME COURT ACKNOWLEDGES CONGRESS' AUTHORITY TO CONFER INFORMATIONAL STANDING IN SPOKEO, INC. V. ROBINS.
- Sovereignty mismatch and the new administrative law.
- The Japanese Constitution as law and the legitimacy of the Supreme Court's constitutional decisions: a response to Matsui.
- The right to remain armed.
- WHO SHOULD OWN POLICE BODY CAMERA VIDEOS?
- Deconstructing deem and pass: a constitutional analysis of the enactment of bills by implication.
- SEXUAL AGREEMENTS.
- Proxy signals: capturing private information for public benefit.
- Judging aggregate settlement.
- FOUR PRINCIPLES FOR DIGITAL EXPRESSION (YOU WON'T BELIEVE #3!).
- THE LAW OF IDENTITY HARM.
- Corruption, corporations, and the new human right.
- Event studies in securities litigation: low power, confounding effects, and bias.
- Legislative oversight of a bill of rights: a way to rectify judicial activism.
- The Supreme Court and the push for transparency in lower court appointments in Japan.
- Constitutional precedents in Japan: a comment on the role of precedent.
- A "NEW" NEW DEPARTURE.
- CONSEQUENTIAL DAMAGES CLAUSES: ALIEN VOMIT OR INTELLIGENT DESIGN?
- Blackness as delinquency.
- THE COURT AND THE SUSPECT: HUMAN FRAILTY, THE CALCULATING CRIMINAL, AND THE PENITENT IN THE INTERROGATION ROOM.
- 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)
- FILLING THE JURISPRUDENTIAL GAP: "REGULAR AND ESTABLISHED PLACE OF BUSINESS" AFTER IN RE CRAY, INC.
- WIRELESS INVESTORS & APATHY OBSOLESCENCE.
- The contours of constitutional approval.
- WRONGLY 'IDENTIFIED': WHY AN ACTUAL KNOWLEDGE STANDARD SHOULD GOVERN HEALTH CARE PROVIDERS' FALSE CLAIMS ACT OBLIGATIONS TO REPORT AND RETURN MEDICARE AND MEDICAID OVERPAYMENTS.
- Pay it forward? Law and the problem of restricted-spending philanthropy.
- PERJURY BY OMISSION.
- ADDRESSING THE SUPREME COURT'S HALF-BAKED EIGHTH AMENDMENT MAJORITARIANISM: HOW STATES CAN USE ADVISORY BALLOT QUESTIONS TO GIVE MORE LEGITIMACY TO THE COURT'S DEATH PENALTY DECISIONS.
- Defining patent scope by the novelty of the idea.
- Legitimacy and corporate law: the case for regulatory redundancy.
- Illegal secrets.
- CRIME AND THE MYTHOLOGY OF POLICE.
- Racial classification and ascriptive injury.