Vol. 104 Print Issues
104:1
Regulation in Transition, by Bethany A. Davis Noll and Richard L. Revesz here
Contracting for Fourth Amendment Privacy Online, by Wayne A. Logan and Jake Linford here
Solving Banking’s “Too Big To Manage” Problem, by Jeremy C. Kress here
Restructuring Rebuttal of the Marital Presumption for the Modern Era, by Jessica Feinberg here
The Lawyer As Accomplice: Cannabis, Uber, Airbnb, and the Ethics of Advising “Disruptive” Businesses, by Charles M. Yablon here
Community in Property: Lessons from Tiny Homes Villages, by Lisa T. Alexander here
Note: A Monumental Task: How Should Courts Review Challenges to Presidential Actions Taken Pursuant to the Antiquities Act?, by Bryan Mette here
Note: Incognito Mode Is in the Constitution, by Travis Panneck here
Note: The Controversial Demise of Zauderer: Revitalizing Zauderer Post-NIFLA, by Aaron Stenz here
104:2
Paying for Gun Violence, by Samuel D. Brunson here
Energy and Eminent Domain, by James W. Coleman and Alexandra B. Klass here
The Normative Fourth Amendment, by Matthew Tokson here
Public-Private Co-Enforcement Litigation, by Stephanie Bornstein here
Moral Restorative Justice: A Political Genealogy of Activism and Neoliberalism in the United States, by Amy J. Cohen here
Health Care Costs and the Arc of Innovation, by Neel U. Sukhatme and M. Gregg Bloche here
Note: A Broken Theory: The Malfunction Theory of Strict Products Liability and the Need for a New Doctrine in the Field of Surgical Robotics, by Christopher Beglinger here
Note: Addressing the HIPAA-potamus Sized Gap in Wearable Technology Regulation, by Paige Papandrea here
Note: An Erie Silence: Erie Guesses and Their Effects on State Courts, Common Law, and Jurisdictional Federalism, by Connor Shaull here
104:3
Board Compliance, by John Armour, Brandon Garrett, Jeffrey Gordon, and Geeyoung Min here
The Fourth Amendment Implications of “U.S. Imitation Judges”, by Mary Holper here
Religious Antiliberalism and the First Amendment, by Richard Schragger and Micah Schwartzman here
Private Law Alternatives to the Individual Mandate, by Wendy Netter Epstein here
The Progressivity Ratchet, by Ari Glogower and David Kamin here
Competing Competitions: Anticompetitive Conduct by Publisher-Controlled Esports Leagues, by Michael Arin here
The Supreme Court as a Tool of Foreign Policy?: Why a Proposed Flexible Framework of Established Judicial Doctrine Better Satisfies Foreign Policy Concerns in Alien Tort Statute Litigation, by Lucas Curtis here
104:4
Uncorporate Insider Trading, by Peter Molk here
Unraveling the Tax Treaty, by Rebecca M. Kysar here
Deal Insurance: Representation and Warranty Insurance in Mergers and Acquisitions, by Sean J.Griffith here
Organizational Justice and Antidiscrimination, by Bradley A. Areheart here
A [Relational] Theory of Procedure, by Justin Sevier here
Space: The Final Next Frontier, by Bonny Birkeland here
The Public Use of Reparations: How Land-Based Reparations Can Satisfy the Public Use Requirement of the Takings Clause, by Jack Davis here
104:5
Fighting for Attention: Democracy, Free Speech, and the Marketplace of Ideas, by G. Michael Parsons here
Jumping Hurdles To Sue the Police, by Sunita Patel here
Contracting Our Way to Inequality: Race, Reproductive Freedom, and the Quest for the Perfect Child, by Camille Gear Rich here
Soft Law as Governing Law, by Steven L. Schwarcz here
A Blueprint for States To Solve the Mandatory Arbitration Problem While Avoiding FAA Preemption, by Sam Cleveland here
“Wreaking Extraordinary Destruction”: Defendant’s Irreplaceability as Presumptively Reasonable Grounds for Downward Departure in Sentencing, by Jackie Fielding here
104:6
Prisoners of Politics: Breaking the Cycle of Mass Incarceration, by Rachel E. Barkow here
Dealing with Mass Incarceration, by Alfred Blumstein here
Why the Policy Failures of Mass Incarceration Are Really Political Failures, by John F. Pfaff here
Zimring on Mass Incarceration: Empirical Pessimism and Cautious Reformist Optimism, by Robert Weisberg here
The Categorical Imperative as a Decarceral Agenda, by Jessica M. Eaglin here
Prison-Release Reform and American Decarceration, by Kevin Reitz here
Can Sentencing Guidelines Commissions Help States Substantially Reduce Mass Incarceration?, by Richard S. Frase here
Frank Zimring Responds, by Franklin Zimring here