Vol. 97 Print Issues
97:1
How Business Fares in the Supreme Court, by Lee Epstein, William M. Landes, and Richard A. Posner here
Notice-and-Comment Sentencing, by Richard A. Bierschbach and Stephanos Bibas here
Patent Law’s Audience, by Mark D. Janis and Timothy R. Holbrook here
Forum Competition and Choice of Law Competition in Securities Law After Morrison v. National Australia Bank, by Wulf A. Kaal and Richard W. Painter here
The Political Economy of Climate Change Winners, by J.B. Ruhl here
Note: Judicial Review of SEC Rules: Managing the Costs of Cost-Benefit Analysis, by Rachel A. Benedict here
Note: It Can Do More Than Protect Your Credit Score: Regulating Social Media, by Nathan J. Ebnet here
Note: Warrantless Search Cases Are Really All the Same, by Will Stancil here
97:2
The Use and Abuse of Special-Purpose Entities in Public Finance, by Steven L. Schwarcz here
Technological Leap, Statutory Gap, and Constitutional Abyss: Remote Biometric Identification Comes of Age, by Laura K. Donohue here
Water Bankruptcy, by Christine Klein here
Originalism and Political Ignorance, by Ilya Somin here
Note: Jurisprudential Innovation or Accountability Avoidance? The International Criminal Court and Proposed Expansion of the African Court of Justice and Human Rights, by Kristen Rau here
Note: Stifled Justice: The Unauthorized Practice of Law and Internet Legal Resources, by Mathew Rotenberg here
97:3
Does International Law Matter?, by Shima Baradaran, Michael Findley, Daniel Nielson, and J.C. Sharman here
Our Partisan Foreign Affairs Constitution, by Jide Nzelibe here
Branding Privacy, by Paul Ohm here
The Presumption of Patentability, by Sean B. Seymore here
Note: First Amendment and the Right to Lie: Regulating Knowingly False Campaign Speech After United States v. Alvarez, by Staci Lieffring here
Note: Up or Out: Why “Sufficiently Reliable” Statistical Risk Assessment Is Appropriate at Sentencing and Inappropriate at Parole, by Pari McGarraugh here
Note: Going Back in Time: The Search for Retroactive Rulemaking Power in Statutory Deadlines, by Chris Schmitter here
97:4
Inflammatory Speech: Offense Versus Incitement, by Alexander Tsesis here
Reclaiming Equality to Reframe Indigent Defense Reform, by Lauren Sudeall Lucas here
The Duty to Capture, by Jens David Ohlin here
State Enforcement of National Policy: A Contextual Approach (with Evidence from the Securities Realm), by Amanda M. Rose here
Response: The Social and Cultural Aspects of Climate Change Winners, by Robin Kundis Craig here
Note: Healthy Compromise: Reconciling Wellness Program Financial Incentives with Health Reform, by Heather Baird here
Note: Death by Arugula: How Soil Contamination Stunts Urban Agriculture, and What the Law Should Do About It, by Steven A. Platt here
97:5
Foreword, by Tom Pryor here
When Common Wisdom Is Neither Common nor Wisdom: Exploring Voters’ Limited Use of Endorsements on Three Ballot Measures, by Craig M. Burnett and Mathew D. McCubbins here
The Political Morality of Voting in Direct Democracy, by Michael Serota and Ethan J. Leib here
Interpreting Initiatives, by Michael D. Gilbert here
Campaign Finance in the Hybrid Realm of Recall Elections, by Elizabeth Garrett here
Campaign Disclosure in Direct Democracy, by Michael Kang here
Direct Democracy and Campaigns Against Minorities, by Todd Donovan here
When Is It OK to Limit Direct Democracy?, by Shaun Bowler here
Are State Constitutions Constitutional?, by Timothy M. Tymkovich here
Note: Disrupting the Pickering Balance: First Amendment Protections for Teachers in the Digital Age, by Emily McNee here
Note: Turner v. Rogers, the Right to Counsel, and the Deficiencies of Mathews v. Eldridge, by Tom Pryor here
97:6
Religion’s Footnote Four: Church Autonomy as Arbitration, by Michael A. Helfand here
Health Law as Disability Rights Law, by Jessica L. Roberts here
Mind, Body, and the Criminal Law, by Francis X. Shen here
Protecting Property Through Politics: State Legislative Checks and Judicial Takings, by Stephanie Stern here
Rage Against the Machine: A Reply to Professors Bierschbach and Bibas, by Erik Luna here
It’s the Reply, Not the Comment: Observations About the Bierschbach and Bibas Proposal, by Ronald F. Wright here
Note: New Solutions to the Age-Old Problem of Private-Sector Bribery, by Sarah Clark here
Note: Ensuring Equal Access: Rethinking Enforcement of Medicaid’s Equal Access Provision, by Anne M. Dwyer here
Note: If It’s in the Game, Is It in the Game?: Examining League-Wide Licensing Agreements After American Needle, by Talon Powers here
Note: Challenging the Plausibility Standard Under the Rules Enabling Act, by Edwin W. Stockmeyer here