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Vol. 104 Print Issues


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


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


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


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


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



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