Washington University Law Review - page 2
- 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.
- 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.
- Judging aggregate settlement.
- SEXUAL AGREEMENTS.
- Proxy signals: capturing private information for public benefit.
- THE LAW OF IDENTITY HARM.
- Corruption, corporations, and the new human right.
- Event studies in securities litigation: low power, confounding effects, and bias.
- 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.
- CONSEQUENTIAL DAMAGES CLAUSES: ALIEN VOMIT OR INTELLIGENT DESIGN?
- Blackness as delinquency.
- WORKING THROUGH MENOPAUSE.
- THE COURT AND THE SUSPECT: HUMAN FRAILTY, THE CALCULATING CRIMINAL, AND THE PENITENT IN THE INTERROGATION ROOM.
- 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.
- Taking groundwater.
- Pay it forward? Law and the problem of restricted-spending philanthropy.
- PERJURY BY OMISSION.
- Defining patent scope by the novelty of the idea.
- Legitimacy and corporate law: the case for regulatory redundancy.
- Salvaging the 2013 Federal Law Clerk Hiring season.
- Illegal secrets.
- CRIME AND THE MYTHOLOGY OF POLICE.
- Racial classification and ascriptive injury.
- EXPLOITING PRE-EXISTING BELIEFS.
- CRYPTO ASSETS AND THE PROBLEM OF TAX CLASSIFICATIONS.(IRS Notice 2014-21 )
- A path to "inure" peace: consolidating the perplexities of the private inurement and private benefit doctrines.
- BANKING ON DEMOCRACY.
- Price impact, materiality, and Halliburton II.
- Bureaucratic oppression: its causes and cures.
- The religious difference: equal protection and the accommodation of (non)-religion.
- Formalizing gratuitous and contractual transfers: a situational theory.
- The lawmaking family.
- GRADING PATENTS.
- "I (won't) follow you": the misguided, and dangerous, interpretation of constitutional extraterritoriality in United States v. Ali.
- HOUSE RULES: CONGRESS AND THE ATTORNEY-CLIENT PRIVILEGE.
- FDA LEADS, STATES MUST FOLLOW.
- The 9/11 litigation database: a recipe for judicial management.
- DRUGS, PATENTS, AND WELL-BEING.
- THE TERRITORIES UNDER TEXT, HISTORY, AND TRADITION.
- Just negotiation.
- CRIMINAL CLEAR STATEMENT RULES.
- WHY THE END IS HERE FOR STATE DEATH TRANSFER TAXES AND HOW STATES SHOULD RESPOND.
- Judging foreign states.
- Disentangling child pornography from child sex abuse.
- Toward a critical corporate law pedagogy and scholarship.
- Using litigation to address violence in urban public schools.
- The evolution of federal courts' healthcare antitrust analysis: does the PPACA spell the end to hospital mergers?
- Assembling class actions.
- SAFE AT HOME: REIMAGINING ADDRESS CONFIDENTIALITY.
- Amputating the long arm of the law: an analysis of the U.S. Supreme Court's decision in Morrison and why s. 10(b) still reaches issuers of ADRs.
- WIPO ARBITRATION: A PROMISING SOLUTION TO THE INJUNCTION CHAOS OF FRAND DISPUTES.(proposed World Intellectual Property Organization mediation on fair, reasonable, and nondiscriminatory issues)
- Why do cities innovate in public health? Implications of scale and structure.
- The intersection of fee-shifting bylaws and securities fraud litigation.
- Closing the legislative experience gap: how a legislative law clerk program will benefit the legal profession and Congress.
- Juvenile life without parole post-Miller: the long, treacherous road towards a categorical rule.
- WHY SEXUAL PRIVACY MATTERS FOR TRUST.
- THE AGE OF RACISM.
- Racial classification and ascriptive injury.
- Strange bedfellows at work: neomaternalism in the making of sex discrimination law.
- THE $500 EBOOK: HOW COPYRIGHT AND ANTITRUST LAW FAILED AMERICA'S LIBRARIES: EXTENDING FIRST SALE DOCTRINE PROTECTIONS TO LIBRARIES' EBOOK PURCHASES OR IMPLEMENTING PRICE CAPS AS ALTERNATIVE SOLUTIONS TO LOWER EBOOK COSTS.
- Court-mandated story time: the victim narrative in U.S. asylum law.
- "Concert" or solo gig? Where the NLRB went wrong when it linked in to social networks.
- DISAPPROVAL OF QUICK-LOOK APPROVAL: ANTITRUST AFTER NCAA v. ALSTON.
- ADVISORY NONPREEMPTION.
- 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 inbetweeners: standardizing juvenileness and recognizing emerging adulthood for sentencing purposes after Miller.
- Text and time: a theory of testamentary obsolescence.
- Formalizing gratuitous and contractual transfers: a situational theory.
- LAW AND THE EPISTEMOLOGY OF DISAGREEMENTS.
- Inmates who cried wolf: the dangers of applying the PLRA's limit on appellate attorney's fees in prisoner deprivation of rights claims.
- Double jeopardy and multiple sovereigns: a jurisdictional theory.
- WHAT IS A "SUBSTANTIAL BURDEN" ON RELIGION UNDER RFRA AND THE FIRST AMENDMENT?
- 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)
- The limits of Second Amendment originalism and the constitutional case for gun control.
- THE IRONIC PRIVACY ACT.
- Corporate social responsibility after disaster.
- LEGAL DEFIANCE: GOVERNMENT-SANCTIONED GRAFFITI WALLS AND THE FIRST AMENDMENT.
- IT'S FIVE O'CLOCK EVERYWHERE: A FRAMEWORK FOR THE MODERNIZATION OF TIME.
- THE CASE AGAINST REGIONAL TRANSMISSION MONOPOLIES.
- BARGAINING ABOUT BIRTH: SURROGACY CONTRACTS DURING A PANDEMIC.
- ANOTHER CONSEQUENTIAL DAMAGES REDUX: A RESPONSE TO "CONSEQUENTIAL DAMAGES CLAUSES: ALIEN VOMIT OR INTELLIGENT DESIGN?".(response to article by Stephen J. Choi and others in this issue, p. 601)
- Theorizing the charitable tax subsidies: the role of distributive justice.
- Legalization conflicts and reliance defenses.
- A HALF-HEARTED DEFENSE OF THE CATEGORICAL APPROACH.
- Property frames.
- BORDER SEARCHES OF ELECTRONIC DEVICES.
- Offsetting and the consumption of social responsibility.
- ACTIVE VIRTUES.
- New twists on an old plot: investors look to avoid the wash sale rule by harvesting tax losses with exchange-traded funds.
- FREEDOM OF THE PRESS IN POST-TRUTHISM AMERICA.
- THE EMPTY PROMISE OF THE FOURTH AMENDMENT IN THE FAMILY REGULATION SYSTEM.
- JUSTICE BY LUCK: HOW UNCLEAR RECORDS FORCE SOME UNLUCKY PRISONERS TO SERVE UNCONSTITUTIONAL SENTENCES IN THE WAKE OF JOHNSON V. UNITED STATES.
- PROSECUTORIAL REFORM AND THE MYTH OF INDIVIDUALIZED ENFORCEMENT.
- Public laws and private lawmakers.
- The federal media shield folly.
- Protection for the vulnerable: how unaccompanied minors from El Salvador, Guatemala, and Honduras can qualify for asylum in the United States.
- Constitutional adjudication in Japan: context, structures, and values.
- Police misconduct as a cause of wrongful convictions.
- PREFERENCING NONMARRIAGE IN LATER YEARS.
- ACCIDENTAL ARBITRATION.
- Appraisal arbitrage and the future of public company M&A.
- THE UNDEMOCRATIC CLASS ACTION.
- To swear or not to swear: using foul language during a Supreme Court oral argument.
- HOW DO JUDGES DECIDE SCHOOL FINANCE CASES?
- CHOOSING WISELY: ENVISIONING PERINATAL HOSPICE NOTIFICATION LAWS THAT INFORM AND EMPOWER.
- NEGATIVE ACTIVISM.
- STATUTORY SPEEDY TRIAL PERIOD CALCULATIONS FOR DISMISSED AND REFILED CHARGES: A CASE STUDY OF COLORADO'S APPROACH.
- Arbitrary death: an empirical study of mitigation.
- LITTERING FOR $500: HOW DOES JUDICIAL ESTOPPEL SOLVE THE PROBLEMS THAT FACTUALLY BASELESS PLEAS POSE TO THE DOUBLE JEOPARDY CLAUSE?
- Why Obergefell should not impact American Indian tribal marriage laws.
- Criminal liability for Internet culprits: the need for updated state laws covering the full spectrum of cyber victimization.
- A NEW CAREMARK ERA: CAUSES AND CONSEQUENCES.(corporate director oversight duties)
- Sturm und Drang, 1953-1980.
- HOARDERS: CLARIFYING FERC'S POLICY, AS ARTICULATED IN ORDER NO. 888, AGAINST WITHHOLDING ELECTRIC TRANSMISSION CAPACITY.
- Abstinence-only education fails African American youth.
- CONFIRMING SUPREME COURT JUSTICES IN A PRESIDENTIAL ELECTION YEAR.
- PLEADING THE FIFTH IN IMMIGRATION COURT: A REGULATORY PROPOSAL.
- LITIGATING AUTHORITY FOR THE FDA.
- Liberty's Refuge: The Forgotten Freedom of Assembly.
- Tremendous upside potential: how a high-school basketball player might challenge the National Basketball Association's eligibility requirements.
- Sweet dreams aren't made of these: how the VA's disability compensation program leaves veterans alone in the nightmare of posttraumatic stress disorder.
- FOUR PRINCIPLES FOR DIGITAL EXPRESSION (YOU WON'T BELIEVE #3!).
- COMPOUNDING INEQUITIES THROUGH DRUG IP AND UNFAIR COMPETITION.(intellectual property)
- Return to sender: evaluating the medical repatriations of uninsured immigrants.
- HUSHING CONTRACTS.
- PERIOD POVERTY IN A PANDEMIC: HARNESSING LAW TO ACHIEVE MENSTRUAL EQUITY.
- RETURNING RIGHT-TO-FARM LAWS TO THEIR ROOTS.
- THE CONSENT OF THE GOVERNED: RESISTANCE AS CONSTITUENT POWER.
- Unraveling unlawful command influence.
- Say on pay around the world.
- PUBLIC UNIONS UNDER FIRST AMENDMENT FIRE.
- WHEN IS DISCRIMINATION HARMFUL?
- A taxonomy of discretion: refining the legality debate about Obama's executive actions on immigration.
- Who owns human capital?
- Key implications of the Dodd-Frank Act for independent regulatory agencies.
- TITLE INSURANCE: PROTECTING PROPERTY AT WHAT PRICE?
- PRIVACY'S PAST: THE ANCIENT CONCEPT AND ITS IMPLICATIONS FOR THE CURRENT LAW OF PRIVACY.
- POLICING PREDICTIVE POLICING.
- "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)
- DIVERSITY JURISDICTION AND THE COMMON-LAW SCOPE OF THE CIVIL ACTION.
- A "NEW" NEW DEPARTURE.
- From cautionary example to "city on a hill": revitalizing Saint Louis may require an innovative regional taxation model.
- MAHR PROVISIONS AND THE CASE FOR SHARI'A ARBITRATION.
- Jurisdiction by cross-reference.
- For-profit corporations, free exercise, and the HHS mandate.
- Shame in the Security Council.
- Bailouts, bonuses, and the return of unjust gains.
- AN ANTI-CONSPIRACY THEORY: HOW ANTITRUST LAW IS ERODING THE CONSTITUTIONAL RIGHTS PROTECTION SET FORTH IN s. 1985(3) AND s. 1983.
- THE DATA OF JURISPRUDENCE.
- Mr. Emanuel returns from Washington: durational residence requirements and election litigation.
- Complimentary discrimination and complementary discrimination in faculty hiring.
- Judicial recruitment and promotion: responses to professors Ramseyer and Repeta.
- The Equal Employment Opportunity Commission and structural reform of the American workplace.
- INMATE CONSTITUTIONAL CLAIMS AND THE SCIENTER REQUIREMENT.
- LEGITIMIZING ILLEGITIMACY IN CONSTITUTIONAL LAW.
- BOOKENDS: JUSTICE STEVENS AND JUSTICE SCALIA.
- Why has judicial review failed in Japan?
- Social innovation.
- THE (E)X FACTOR: ADDRESSING TRAUMA FROM POST-SEPARATION DOMESTIC VIOLENCE AS JUDICIAL TERRORISM.
- EVISCERATING A HEALTHY CHURCH-STATE SEPARATION.
- Deconstructing deem and pass: a constitutional analysis of the enactment of bills by implication.
- FIDUCIARY BLIND SPOT: THE FAILURE OF INSTITUTIONAL INVESTORS TO PREVENT THE ILLEGITIMATE USE OF WORKING AMERICANS' SAVINGS FOR CORPORATE POLITICAL SPENDING.
- "MAY IT PLEASE HER HONOR": THE UNITED STATES' FIRST WOMEN JUDGES, 1870- 1930.
- Poking holes in L.A.'s new condom requirement: pornography, barebacking, and speech.
- COULD OFFICIAL CLIMATE DENIAL REVIVE THE COMMON LAW AS A REGULATORY BACKSTOP?
- 'A horrible fascination': segregation, obscenity & the cultural contingency of rights.
- PROCEDURAL LOSSES AND THE PYRRHIC VICTORY OF ABOLISHING QUALIFIED IMMUNITY.
- DELEGATING NATIONAL SECURITY.
- 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.
- PLANE-ARAZZI: BALANCING REMEDIES FOR CELEBRITIES TRACKED BY ADS-B WITH THE THREAT OF CENSORSHIP.
- THE ORIGINAL MEANING OF EQUITY.
- GENITAL EXCEPTIONALISM HAS NO PLACE IN THE LAW: IMPROVING TRANSGENDER AND INTERSEX RIGHTS IN THE 21ST CENTURY.
- Constitutional displacement.
- Combating Exclusion & Achieving Affordable Housing: The Case for Broad Adoption of Housing Appeals Statutes.
- Misconstruing Graham & Miller.
- CONSTRAINING THE STATUTORY PRESIDENT.
- Constitutional rights and judicial independence: lessons from Iowa.
- Trust & transparency: promoting efficient corporate disclosure through fiduciary-based discourse.
- TURNING AROUND AMERICA'S TRAFFIC CRISIS ONE ROUNDABOUT AT A TIME: WHY MORE ROUNDABOUTS MEANS SAFER ROADS AND FEWER AUTOMOBILE DEATHS.
- The role of precedent at Japan's Supreme Court.
- Religious associations: Hosanna-Tabor and the instrumental value of religious groups.
- Uncertain futures in evolving financial markets.
- PUBLIC EMPLOYEE SPEECH AND MAGARIAN'S DYNAMIC DIVERSITY.
- How the U.S. government's market activities can bolster mobile banking abroad.
- WHISTLEBLOWERS: IMPLICATIONS FOR CORPORATE GOVERNANCE.
- TRUSTWORTHY PRIVACY INDICATORS: GRADES, LABELS, CERTIFICATIONS, AND DASHBOARDS.
- DEMOCRATIZING RULE DEVELOPMENT.