Content Posted in 2022
Adapting to 4 Degrees C World, Karrigan Bork, Karen Bradshaw, Cinnamon P. Carlarne, Robin Kundis Craig, Sarah Fox, Josh Galperin, Keith Hirokawa, Shi-Ling Hsu, Katrina Kuh, Kevin Lynch, Michele Okoh, Jessica Owley, Melissa Powers, Shannon Roesler, J.B. Ruhl, James Salzman, David Takacs, and Clifford J. Villa
Addiction-Informed Immigration Reform, Rebecca Sharpless
Addressing the Criminalization of Poverty and Marginalization (foreword), Tamar Ezer, Franco Piccinini, and David Stuzin
A Double Pandemic: Domestic Violence in the Age of COVID-19, Caroline Bettinger-Lopez and Alexandra Bro
Afterword and Response: What Digging Does and Does Not Do, Patricia D. White
Against Fascism: Toward a Latcritical Legal Genealogy, Elizabeth M. Iglesias
An Essay on the Conceptual Foundations of the Tax Benefit Rule, Patricia D. White
Appointing a Proxy under the Best of Circumstances, Patricia D. White
Arizona's Sex Offender Laws: Recommendations for Reform, Tamara R. Lave
A Tale of Two Markets: Regulation and Innovation in Post-Crisis Mortgage and Structured Finance Markets, William Wilson Bratton and Adam J. Levitin
Big Data, Both Friend And Foe: The Intersection Of Privacy And Trade On The Transatlantic Stage, Gabrielle C. Craft
Big Data: Destroyer of Informed Consent, Michael A. Froomkin
Brief Reflections on the Enterprise, Patricia D. White
CAFO’s are a Public Health Crisis:The Creation of COVID-19, Helena Masiello
Can COVID-19 Teach Us How to End Mass Incarceration?, Amy Fettig
Capitalizing on Heathy Lawyers: The Business Case for Law Firms to Promote and Prioritize Lawyer Well-Being, Jarrod F. Reich
Challenging Domestic Injustice Through International Human Rights Advocacy: Addressing Homelessness in The United States, Eric Tarst, Tamar Ezer, Melanie Ng, David Stuzin, and Conor Arevalo
Challenging Ethnic Citizenship: German and Israeli Perspectives on Citizenship, David Abraham
Challenging Racial Injustice in the Criminalization of Homelessness in the United States: A Human Rights Approach, David Berris, Joseph Candelaria, Tamar Ezer, and Lily Fontenot
Climate Mobility and the Pandemic: Art-Science Lessons for Societal Resilience, Jessica Owley
Comparative Laws In Public Health Unmasked, Christine Chasse
Conduct Yourself Accordingly: Amending Bar Character & Fitness Questions to Promote Lawyer Well-Being, Janet Stearns and David Jaffe
Confidentiality in The Courts: Privacy Protection or Prior Restraint?, Sergio J. Campos
Confrontation During COVID: A Fundamental Right, Virtually Guaranteed, Daniel Robinson
Constitutionalizing Equality: The Equal Rights Amendment as a Catalyst for Change, Caroline Bettinger-Lopez and Delphi Cleaveland
Constitutional patriotism, citizenship, and belonging, David Abraham
Corporate Law and the Myth of Efficient Market Control, William Wilson Bratton and Simone M. Sepe
COVID-19 Reflections on Resilience and Reform in the Child Welfare System, Robert Latham and Kele M. Stewart
Crime and Punishment: An Empirical Study of the Effects of Racial Bias on Capital Sentencing Decisions, Matthew A. Gasperetti
CWA In-Lieu Fee Mitigation: Project and Programmatic Risks, Erin Okuno, Rebecca Kihslinger, Royal C. Gardner, and Christina Libre
Does the Constitution Mean What it Always Meant?, James W. Nickel and Stephen R. Munzer
Doug Kahn - A Personal Appreciation, Patricia D. White
Due Process Rights and Terrorist Emergencies, James W. Nickel
Ramos Retroactivity and the False Promise of Teague v. Lane, Tori Simkovic
English Courts and Transnational Islamic Divorces: What Role for Personal Liberty of Muslim Women?, Ilias Bantekas
E-Notice and Comment on Due Process, Sergio J. Campos
Environmental Law. Disrupted, Inara Scott, David Takacs, Rebecca Bratspies, Vasessa Casado Perez, Robin Kundis Craig, Keith Hirokawa, Blake Hudson, Sarah Krakoff, Katrina Fischer Kuh, Jessica Owley, Melissa Powers, Shannon Roesler, and Jonathan Rosenbloom
Epidemics And International Law: The Need For International Regulation, Claudio Grossman
Equality and Sufficiency in Health Care Reform, Gabriel Scheffler
Essential Questions: What to Ask about the Bar Exam, Patricia D. White
Exploring the Esports Approach of America's Three Major Leagues, Peter A. Carfagna
Failure to Capture: Why Business Does Not Control the Rulemaking Process, Gabriel Scheffler
Fanon, Colonial Violence, And Racist Language In Federal American Indian Law, Joubin Khazaie
Federal Land Conservation in Rural Areas, Jessica Owley and Jess Phelps
First Responders with a Rights-Based Approach to Mental Health Crises, Tamar Ezer and Denise Tomasini-Joshi
Florida’s Judicial Ethics Rules: History, Text, and Use, Robert M. Jarvis
Foreword, Hon. Roy K. Altman
Forgotten Statutes: Trade Law's Domestic (Re)Turn, Kathleen Claussen
Franchisor Power as Employment Control, Andrew Elmore and Kati L. Griffith
Front Matter and Table of Contents
Front Matter and Table of Contents
Front Matter and Table of Contents
Front Matter and Table of Contents
Front Matter and Table of Contents
Front Matter and Table of Contents
FTC v. Qualcomm and the Need to Reboot Antitrust Goals, Beatriz Del Chiaro da Rosa
Game of Thrones: Liberty & Eminent Domain, Mitchell F. Crusto
Government Speech and First Amendment Capture, Caroline Mala Corbin
Group Agency and Group Rights, James W. Nickel
Hawaiian Ripples, Patricia D. White
Hawaii Tax Held Invalid: Court Decides First Case of the Term, Patricia D. White
Hiding in Plain Language: A Solution to the Pandemic Riddle of a Suspended Grand Jury, an Expiring Statute of Limitations, and the Fifth Amendment, Nicole D. Mariani
How the COVID-19 Pandemic Has and Should Reshape the American Safety Net, Gabriel Scheffler, Andrew Hammond, and Ariel Jurow Kleiman
How the Internet Unmakes Law, Mary Anne Franks
How to Pay Off Hard Work, Juliette Hernandez
How To Protect Special Education During COVID-19: From the Courts to the Capitol, Sarah Coleman
If the Government Says So, It Must Be Right: An Analysis on the Impact of Government Issued Force Majeure Certificates, Verónica Orantes
Immigrant Integration and Social Solidarity in a Time of Crisis: Europe and the United States in a Postwelfare State, David Abraham and David Abraham
Immunization And Indemnification: Rethinking The Us Approach To Liability Protections For Vaccine Manufacturers During The Covid-19 Pandemic, Samantha Topper Berns
Individual Autonomy and Collective Empowerment in Labor Law: Union Membership Resignations and Strikebreaking in the New Economy, David Abraham
In Memory of Nicky Langesfeld, Brittany Hynes
International Law & Covid-19 Symposium, Joseph Candelaria, Gita Howard, and Tamar Ezer
International Rights Affecting the COVID–19 Vaccine Race, Samantha Johnson
Investing in Human Futures: How Big Tech and Social Media Giants Abuse Privacy and Manipulate Consumerism, Brett Dembrow
IRS Tax Exemptions and Affordable Housing: Old Standards for New Times, Janet Stearns and Doreen Fundiller-Zweif
Jewish Honor Courts: Revenge, Retribution, and Reconciliation in Europe and Israel after the Holocaust, David Abraham
Labor’s New Localism, Andrew Elmore
Liberty and Property: Lord Bramwell and the Political Economy of Liberal Jurisprudence Individualism, Freedom, and Utility, David Abraham
Liberty without Equality: The Property-Rights Connection in a Negative Citizenship Regime, David Abraham
Louis Henkin Memorial Lecture, Juan E. Mendez
Maritime Magic: How Cruise Lines Can Avoid State Law Compliance Through Passenger Contracts, Cameron Chuback
Mindfulness, Mental Health, and Wellness, Scott L. Rogers
Mindfulness Training for Judges: Mind Wandering and the Development of Cognitive Resilience, Scott L. Rogers, Chris McAliley, and Amishi P. Jha
Misunderstanding Judy Norman: Theory as Cause and Consequence, Martha R. Mahoney
Mommy Dearest?: Postpartum Psychosis, The American Legal System, And The Criminalization Of Mental Illness, Allison Dopazo
Mutual Liberation: The Use and Abuse of Non–human Animals by the Carceral State and the Shared Roots of Oppression, Michael Swistara
Nonparticipation and Perceptions of Legitimacy, Bernard Oxman
“Officer-Involved Shootings”: How the Exonerative Tense of Media Accounts Distorts Reality, Michael Conklin
Our Trade Law System, Kathleen Claussen
Politics and History of Responsibility Across Boundaries, Robert Latham
Potential of Florida's Effective Assistance of Counsel Doctrine to Increase Parent Engagement and Promote the Well-Being of Children, Robert Latham and Robin L. Rosenberg
Prefatory Matter and Table of Contents
Prefatory Matter and Table of Contents
Prefatory Matter and Table of Contents
Preferential Policies in Hiring and Admissions, James W. Nickel
Private Confederate Monuments, Jessica Owley, Jess Phelps, and Sean W. Hughes
Protective Styles, a Protected Class: Revisiting EEOC v. Catastrophe Management Solutions, Staci Campbell
Rationing Healthcare During a Pandemic: Shielding Healthcare Providers from Tort Liability in Uncharted Legal Territory, Frederick V. Perry and Miriam Weismann
Realization, Recognition, Reconciliation, Rationality and the Structure of the Federal Income Tax System, Patricia D. White
Rebuilding Afghanistan, Janet Stearns
(Re)framing Race in Civil Rights Lawyering, Anthony V. Alfieri and Angela Onwuachi-Willig
Regulating Foreign Commerce Through Multiple Pathways: A Case Study, Kathleen Claussen
Regulating Mobility Limitations in the Franchise Relationship as Dependency in the Joint Employment Doctrine, Andrew Elmore
Religious Liberty in a Pandemic, Caroline Mala Corbin
Restorative Approaches to Intimate Partner Violence and Sexual Harm, Donna Coker (ed.)
Rethinking Indivisibility: Towards a Theory of Supporting Relations between Human Rights, James W. Nickel
Rethinking Rawls' Theory of Liberty and Rights, James W. Nickel
Revengence Taken: Russian Active Measures and our Entrenched Racial Divide, Erin Berhan
Seeing Beyond Courts: The Political Context of the Nationwide Injunction, Charlton C. Copeland
Selling Out, Andrew B. Dawson
Sound Familiar? Digital Sampling is Taking Center Stage, Logan Zucchino
Special Matters: Filtering Privileged Materials in Federal Prosecutions, Christina Frohock
Taking Responsibility under International Law: Human Trafficking and Colombia’s Venezuelan Migration Crisis, Luz Estella Nagle and Juan Manuel Zarama
Tax Accrual Workpapers: Protected by a Limited Privilege?, Patricia D. White
Teaching Philosophy of Law in Law Schools: Some Cautionary Remarks, Patricia D. White
Teaching Written Advocacy in a Law Clinic Setting, Tamar Ezer
Team Production Revisited, William W. Bratton
Testing the Limits of Savings and Loan Tax-Free Mergers, Patricia D. White
Textualism Today: Scalia’s Legacy and His Lasting Philosophy, Chase Wathen
The COVID–19 Pandemic Highlighted the Need for Mandated ESG Disclosures: Now What?, Nicholas P. Mack
The Dangers of Racial Gerrymandering in the Frontline Fight for Free and Fair Elections, Laura Odujinrin
The Duty To Protect Survivors Of Gender-based Violence In The Age Of Covid-19: An Expanded Human Rights Framework, Caroline Bettinger-Lopez, R. Denisse Córdova Montes, and Max Zoberman
The Dynamism of Health Law: Expanded Insurance Coverage as the Engine of Regulatory Reform, Gabriel Scheffler
The Effects of Anti-Immigrant Laws in the U.S. on Victims of Domestic Violence, Sexual Assault, and Human Trafficking: A Gender-Based Human Rights Analysis, Caroline S. Bettinger-Lopez, Jamila Flomo, and Amanda Suarez
The Hidden Foster Care System: A Parallel System in Legal Limbo During A Deadly Pandemic, Megan Schmidt
The IACHR’s Comprehensive Response To The Covid-19 Pandemic And Its Intersectional Impacts On Human Rights, Antonia Urrejola Noguera and Soledad Garcia Muñoz
The International Claims Trade, Kathleen Claussen
The Internet As A Speech Machine and Other Myths Confounding Section 230 Reform, Mary Anne Franks and Danielle Citron
The Life and Death of Confederate Monuments, Jessica Owley and Jess Phelps
The Neglect of Persons with Severe Brain Injury to the United States: An International Human Rights Analysis, Tamar Ezer, Megan S. Wright, and Joseph J. Wright
The Output-Welfare Fallacy: A Modern Antitrust Paradox, John M. Newman
The Paris Agreement Compliance Mechanism: Beyond COP 26, Jessica Owley, Imad Antoined Ibrahim, and Sandrine Maljean-Dubois
The Rise of Plain Language Laws, Michael A. Blasie
The Science of Mindfulness and the Practice of Law, Scott L. Rogers and Amishi P. Jha
The Second Amendment's Safe Space, Or the Constitutionlization of Fragility, Mary Anne Franks
The Supreme Court’s Facilitation of White Christian Nationalism, Caroline Mala Corbin
The Unconstitutionality of Government Propaganda, Caroline Mala Corbin
TikTok, CFIUS, And The Splinternet, Jake T. Seiler
Trade Administration, Kathleen Claussen
Trade's Mini-Deals, Kathleen Claussen
Trade Transparency: A Call for Surfacing Unseen Deals, Kathleen Claussen
Two Deans Answer the Law School Wellness Questions They Hear the Most, Janet Stearns and David B. Jaffe
Unrules, Gabriel Scheffler, Cary Coglianese, and Daniel E. Walters
Urban growth: A Global Challenge, Janet Stearns
What Can the Apple Teach the Orange? Lessons U.S. Land Trusts Can Learn from the National Trust in the U.K., Jessica Owley, Lauren Gwin, and Sally K. Fairfax
Where Hannah Arendt Went Wrong, David Abraham
Who Needs Freedom of Religion?, James W. Nickel
Why Reproductive Health Rights Should No Longer Be A Partisan Issue: A Call To Invest in Family Planning, Sofia Waterhouse