By President William J. Clinton. Full text here. Volume 98’s lead piece is by President William J. Clinton. President Clinton’s Essay emphasizes the importance moving forward in our interdependent, global economy, and addressing some of the major challenges we still face. The piece brings into focus important goals we need to continue striving for, including equality,…

By Morgan Anderson Helme. Full text here. Genetically modified organisms (GMOs) leaped into the spotlight last year with California’s Proposition 37, which proposed mandatory labeling for all foods containing GMOs. Consumers argued they have a right to know what’s in their Cheerios. Manufacturers fought back that such state labeling laws would be expensive and unwieldy, and…

By Saule T. Omarova. Full text here. This Article examines the principal legal, policy, and theoretical implications of a transformative—but so far unrecognized—change in the banking industry: the emergence, over the last decade, of U.S. financial conglomerates as leading global merchants in physical commodities, including crude and refined oil products, natural gas, coal, base metals, and…

By Thomas W. Merrill & David M. Schizer. Full text here. In the past decade, energy companies have learned to tap previously inaccessible oil and gas in shale and other impermeable rock formations with “hydraulic fracturing” (“fracturing” or “fracking”), pumping fluid at high pressure to crack the rock and release gas and oil trapped inside. This…

By David Gray and Danielle Citron. Full text here. We are at the cusp of a historic shift in our conceptions of the Fourth Amendment driven by dramatic advances in surveillance technology. Governments and their private sector agents continue to invest billions of dollars in massive data-mining projects, advanced analytics, fusion centers, and aerial drones, all…

By Jeffrey Bellin. Full text here. This Article proposes a new “eHearsay” rule of evidence that will permit the admission, over a hearsay objection, of a broad spectrum of electronic out-of-court communications. The proposal builds on prior hearsay reform proposals, and also takes advantage of the fact that electronic statements are invariably recorded. Litigants’ ability to…

By Erik Luna. Full text here. In this response piece, Erik Luna considers Notice-and-Comment Sentencing by Richard A. Bierschbach and Stephanos Bibas, 97 Minn. L. Rev. 1 (2012).

By Stephanie Stern. Full text here.

By Francis X. Shen. Full text here. Because we hold individuals criminally liable for infliction of “bodily” injury, but impose no criminal sanctions for infliction of purely “mental” injury, the criminal law rests in large part on a distinction between mind and body. Yet the criminal law is virtually silent on what, exactly, constitutes “bodily injury.”…

By Jessica L. Roberts. Full text here. When asked to name the most substantial civil rights victory for people with disabilities in recent years, many would choose the Americans with Disabilities Act Amendments Act of 2008. However, this Article contends that the Affordable Care Act (ACA) also represents a significant—albeit unconventional—advance for disability rights. Historically, health…