Washington University Law Review - page 4
- NONMARRIAGE AND CHOICE IN SOUTH AFRICA AND THE UNITED STATES.
- TAXING CULTURAL ENDOWMENTS.
- EXPLOITING PRE-EXISTING BELIEFS.
- Knowing an "educational institution" when you see one: applying the commercially approach to tax exemptions for universities under s. 501(c)(3).
- 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.
- STATUTORY SPEEDY TRIAL PERIOD CALCULATIONS FOR DISMISSED AND REFILED CHARGES: A CASE STUDY OF COLORADO'S APPROACH.
- Antibiotic maximalism: legislative assaults on the evidence-based treatment of Lyme disease.
- Lost in interpretation: the problem of plea bargains and court interpretation for non-English-speaking defendants.
- Legalization conflicts and reliance defenses.(Abstract through I. Rebellion Decriminalization and Reliance Dilemmas B. Three Contemporary Reliance Dilemmas 1. The Perilous Boom Industry of Marijuana Legalization, p. 907-932)
- Can sharing be taxed?(Abstract into III. Tax Compliance and Enforcement Challenges in the Sharing Sector: Opportunism and Microbusiness A. Tax Opportunism: The Information Reporting Example, p. 989-1029)
- A HALF-HEARTED DEFENSE OF THE CATEGORICAL APPROACH.(Symposium: The Roberts Court's First Amendment)
- Legalization conflicts and reliance defenses.(I. Rebellion Decriminalization and Reliance Dilemmas B. Three Contemporary Reliance Dilemmas 2. State Firearms Nullification Laws through Conclusion, with footnotes, p. 932-958)
- BORDER SEARCHES OF ELECTRONIC DEVICES.
- MODEL LANGUAGE FOR SUPPORTED DECISION-MAKING STATUTES.
- Sampling the circuits: the case for a new comprehensive scheme for determining copyright infringement as a result of music sampling.
- GETTING INTO COURT WHEN THE DATA HAS GOTTEN OUT: A TWO-PART FRAMEWORK.
- COPYRIGHT AND THE BRAIN.
- Outliving civil rights.
- Copyright and inequality.
- The evolution of federal courts' healthcare antitrust analysis: does the PPACA spell the end to hospital mergers?
- BACK TO BANKRUPTCY'S EQUITABLE ROOTS: RECALIBRATE THE DISCHARGEABILITY OF STUDENT LOANS THROUGH A MODIFIED EIGHTH CIRCUIT APPROACH.
- Defining patent scope by the novelty of the idea.
- PATENT INFRINGEMENT IN PERSONALIZED MEDICINE: LIMITATIONS OF THE EXISTING EXEMPTION MECHANISMS.
- Understanding the failures of market discipline.
- Constitutionalized negligence.
- NO PAY FOR SEXIST PERFORMANCE: HOW GENDER DISPARITIES IN HEALTHCARE HURT HOSPITALS' PAY FOR PERFORMANCE REIMBURSEMENTS.
- Blackness as delinquency.(Introduction through III. Blackness as Delinquency A. "Degenerates From Birth", p. 1335-1368)
- "RELIGION," BEFORE DARWIN.
- (Mis)trusting states to run elections.
- BAN THE BLACK BOX: CRIMINAL BACKGROUND SCREENING AND THE INFORMATION-WITHHOLDING PROBLEM.
- The unwarranted weight of a "paper barrier": ( ) a proposal to ax the apex doctrine.
- WHAT LITIGATORS CAN TEACH THE PATENT OFFICE ABOUT PHARMACEUTICAL PATENTS.
- DELAWARE'S FIDUCIARY IMAGINATION: GOING-PRIVATES AND LORD ELDON'S REPRISE.
- DIGITIZE OR DIE: THE QUIXOTIC BATTLE FOR CAMOUFLAGE PATTERNS IN THE UNITED STATES MILITARY.
- Shame in the Security Council.(Introduction to II. Efforts to Shame Within the Security Council C. Transparency and Accountability in Security Council Reform 1. Informal Consultations, p. 1191-1222)
- SUPERSTAR CEOS AND CORPORATE LAW.
- POLITICS AND THE COURTROOM: A BATTLE BETWEEN FEDERAL RULE OF CIVIL PROCEDURE 24 AND AMICUS CURIAE BRIEFS.
- INNOVATION SNOWBALLING AND CLIMATE LAW.
- Setting the pace for energy efficiency: the rise, fall, and (potential) return of property assessed clean energy.
- Bilingual education: lessons from abroad for America's pending crisis.
- Disrupting education federalism.(II. A Theory for Disrupting Education Federalism through Conclusion: Toward a More Equitable Future, with footnotes, p. 983-1017)
- ALGORITHMIC ENTITIES.
- THE CONSENT MYTH: IMPROVING CHOICE FOR PATIENTS OF THE FUTURE.(Special Issue on Right of Privacy)
- 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.
- THE FOOD WE EAT AND THE PEOPLE WHO FEED US.
- DEMOCRATIZING RULE DEVELOPMENT.
- Constitutional precedents in Japan: a comment on the role of precedent.(response to article by Hiroshi Itoh in this issue, p. 1631)(Symposium: Decision Making on the Japanese Supreme Court)
- What Elena Kagan could have and should have said (and still have been confirmed).
- The irrelevance of politics for arbitrary and capricious review.
- THE HIDDEN TRANSACTIONAL WISDOM OF MEDIA DISCRIMINATION IN PRE-AWCPA COPYRIGHT.(Architectural Works Copyright Protection Act)
- PRIVACY, POVERTY, AND BIG DATA: A MATRIX OF VULNERABILITIES FOR POOR AMERICANS.
- TIME IS MONEY: AN EMPIRICAL ASSESSMENT OF NONECONOMIC DAMAGES ARGUMENTS.
- REGIONAL IMMIGRATION ENFORCEMENT.
- THE JUDICIAL ASSAULT ON THE ADMINISTRATIVE STATE.
- Criminal liability for Internet culprits: the need for updated state laws covering the full spectrum of cyber victimization.
- Federal securities fraud litigation as a lawmaking partnership.
- Damages for indirect patent infringement.(Abstract through IV. Evidentiary and Atomistic Approach to Indirect Infringement Damages A. Lucent's Evidentiary Approach, p. 911-944)
- AMELIORATIVE INFRINGEMENT AND PUBLIC INTEREST DAMAGES.
- Understanding the failures of market discipline.
- Cruel and unequal punishments.
- The scope of "plaintiffs' harm" in environmental preliminary injunctions.
- A realist defense of the Alien Tort Statute.
- Natural law and the rhetoric of empire: Reynolds v. United States, polygamy, and imperialism.
- From preservative to transformative: squaring socioeconomic rights with liberty and the American constitutional framework.
- TAXATION OF UNMARRIED PARTNERS.
- Bill Cosby, the lustful disposition exception, and the doctrine of chances.
- FICA taxation of post-employment benefits: a statutory puzzle and sociopolitical conundrum.
- Asymmetry as fairness: reversing a peremptory trend.
- CRIME AND THE MYTHOLOGY OF POLICE.
- RECONSIDERING THORNTON V. CALDOR.(Taking Stock of the Religion Clauses)
- THE EMPTY PROMISE OF THE FOURTH AMENDMENT IN THE FAMILY REGULATION SYSTEM.
- Hidden taxes.
- Public laws and private lawmakers.
- The limits of Second Amendment originalism and the constitutional case for gun control.(Introduction through II. The Problematic Efforts to Rescue Second Amendment Originalism, p. 1187-1229)
- FREEDOM OF THE PRESS IN POST-TRUTHISM AMERICA.
- BALANCING THE CONSPIRACY'S BOOKS: INTER-COMPETITOR SALES AND PRICE-FIXING CARTELS.
- THE IRONIC PRIVACY ACT.(Special Issue on Right of Privacy)
- New twists on an old plot: investors look to avoid the wash sale rule by harvesting tax losses with exchange-traded funds.
- ACTIVE VIRTUES.
- Inmates who cried wolf: the dangers of applying the PLRA's limit on appellate attorney's fees in prisoner deprivation of rights claims.
- UNITED STATES LAW'S FAILURE TO APPRECIATE ART: HOW PUBLIC ART HAS BEEN LEFT OUT IN THE COLD.
- Offsetting and the consumption of social responsibility.
- JUSTICE BY LUCK: HOW UNCLEAR RECORDS FORCE SOME UNLUCKY PRISONERS TO SERVE UNCONSTITUTIONAL SENTENCES IN THE WAKE OF JOHNSON V. UNITED STATES.
- ANTIABORTION CIVIL REMEDIES AND UNWED FATHERHOOD AS GENETIC ENTITLEMENT.
- A DUTY OF LOYALTY FOR PRIVACY LAW.
- Avoiding an "unavoidably imperfect situation": searching for strategies to divert mentally ill people out of immigration removal proceedings.
- Disaggregating.
- HOW DO JUDGES DECIDE SCHOOL FINANCE CASES?
- Return to sender: evaluating the medical repatriations of uninsured immigrants.
- WHAT IS A "SUBSTANTIAL BURDEN" ON RELIGION UNDER RFRA AND THE FIRST AMENDMENT?(Religious Freedom Restoration Act of 1993)(Taking Stock of the Religion Clauses)
- TRUSTWORTHY PRIVACY INDICATORS: GRADES, LABELS, CERTIFICATIONS, AND DASHBOARDS.(Special Issue on Right of Privacy)
- FREEDOM OF ASSOCIATION: CAMPUS RELIGIOUS GROUPS.(Taking Stock of the Religion Clauses)
- License to deal: mandatory approval of complex financial products.(Introduction to II. Product Approval Regulation in Practice: Pharmaceutical Drugs, Chemicals, and Commodity Futures B. Chemicals Regulation in the European Union: REACH, p. 63-99)
- CRYSTAL COURTS AND MUDDY WATERS: WETLAND REGULATION IN A POST-SACKETT WORLD.
- Judging foreign states.
- Price impact, materiality, and Halliburton II.
- SAFE AT HOME: REIMAGINING ADDRESS CONFIDENTIALITY.
- Justice Souter and the civil rules.
- Can sharing be taxed?
- Administrative monopoly and China's new Anti-Monopoly Law: lessons from Europe's state aid doctrine.
- THE PRIVACY RISKS OF DIRECT-TO-CONSUMER GENETIC TESTING: A CASE STUDY OF 23ANDME AND ANCESTRY.(Special Issue on Right of Privacy)
- SIDE LETTER GOVERNANCE.
- Young v. United Parcel Service, Inc.: McDonnell Douglas to the rescue?(accommodating pregnant workers)
- Slouching towards Monell: the disappearance of vicarious liability under section 10(b).(II. The Different Rules Applicable to s. 10(b) C. Why the Difference? 3. Distinguishing Poor Corporate Governance from Fraud through Conclusion, with footnotes, p. 1293-1323)
- CROSSING DOCTRINES: CONFLATING STANDING AND THE MERITS UNDER THE ESTABLISHMENT CLAUSE.(Taking Stock of the Religion Clauses)
- PHYLLIS SCHLAFLY AND HOW FORGETTING WOMEN'S STRUGGLES FOR EQUALITY PERPETUATES INEQUALITY.
- Combating Exclusion & Achieving Affordable Housing: The Case for Broad Adoption of Housing Appeals Statutes.
- Market makers and vampire squid: regulating securities markets after the financial meltdown.
- THE CENTRALIZATION PARADOX IN CRYPTOCURRENCY MARKETS.
- RACIAL TRANSITION.
- LITTERING FOR $500: HOW DOES JUDICIAL ESTOPPEL SOLVE THE PROBLEMS THAT FACTUALLY BASELESS PLEAS POSE TO THE DOUBLE JEOPARDY CLAUSE?
- Using litigation to address violence in urban public schools.
- Friends as fiduciaries.
- Factions for the rest of us.
- Judging aggregate settlement.
- CRIMINAL RECORDKEEPING.
- Equal protection for children of same-sex parents.(Introduction through III. The Legal Exclusion of Children of Same-Sex Parents Warrants Intermediate Scrutiny A. The Equal Protection Law of Nonmarital Children, p. 1589-1615)
- Preemption and removal: Watson shuts the federal officer backdoor to the federal courthouse, conceals familiar motive.
- Measuring the true cost of government bailout.
- HOW THE WAR ON TERROR IS TRANSFORMING PRIVATE U.S. LAW.
- Rebutting the Roberts Court: reinventing the collateral order doctrine through judicial decision-making.
- GENITAL EXCEPTIONALISM HAS NO PLACE IN THE LAW: IMPROVING TRANSGENDER AND INTERSEX RIGHTS IN THE 21ST CENTURY.
- CHURN.(biopharmaceutical patents)
- The arbitration clause as super contract.(Abstract through II. The Federal Policy Favoring Arbitration, p. 531-554)
- When any sentence is a life sentence: employment discrimination against ex-offenders.(Abstract through II. Legal Limits on the Employment of Ex-Offenders A. Constitutional Cases, p. 45-72)
- Bureaucratic oppression: its causes and cures.
- Sucking the air out of wind energy: nuisance litigation and its effect on wind energy development.
- A no-excuse approach to transitional justice: reparations as tools of extraordinary justice.
- A THEORY OF POVERTY: LEGAL IMMOBILITY.
- Banishment of sex offenders: liberty, protectionism, justice, and alternatives.
- When bank examiners get it wrong: financial institution appeals of material supervisory determinations.(II. Appeals Processes by Regulator D. NCUA through Conclusion, with footnotes, p. 1149-1185)
- Racial exhaustion.
- FRUIT OF THE POISONOUS TREE: POTENTIAL EIGHTH AMENDMENT PROTECTIONS FOR INMATES SUBJECT TO SEXUAL VICTIMIZATION IN THE POST-DOBBS WORLD.
- Considering lesbian, gay, transgender, and bisexual nominees for the federal courts.
- Effectiveness of federal regulation of mobile medical applications.
- The argot of equality: on the importance of disentangling 'diversity' and 'remediation' as justifications for race-conscious government action.
- Court-mandated story time: the victim narrative in U.S. asylum law.
- Theorizing the charitable tax subsidies: the role of distributive justice.
- Students, police, and the school-to-prison pipeline.
- SECOND-BEST CRIMINAL JUSTICE.
- Constitutional concerns in section 8 housing: transfer voucher terminations and the impact on participant families.
- GRANTS PASS AND THE PATHOLOGY OF THE CRIMINAL LAW.
- The Civil Rights Act of 1964.
- Strange bedfellows at work: neomaternalism in the making of sex discrimination law.
- RECONSIDERING HOSTILE TAKEOVER OF RELIGIOUS ORGANIZATIONS.(Taking Stock of the Religion Clauses)
- Rodrigo's portent: California and the coming neocolonial order.
- The anti-bottleneck principle in employment discrimination law.
- "INFLUENCING" THE LEGISLATURE: THE NEED FOR LEGISLATION TARGETING ONLINE SEXUAL HARASSMENT OF SOCIAL MEDIA INFLUENCERS.