Content Posted in 2023
A Call for an Intersectional Feminist Restorative Justice Approach to Addressing the Criminalization of Black Girls, Donna Coker and Thalia Gonzalez
Anticompetitive Corporate Spin-offs, Alexa Rosen Grealis
Appellate Review of Refusals to Depart, David Yellen
A Thousand and One Stories: Myth and the #MeToo Movement, Mary Anne Franks, Bianca Fileborn, and Rachel Loney-Howes
Beyond Guidelines: The Commission as Sentencing Clearinghouse, David Yellen
Beyond the Public Square: Imagining Digital Democracy, Mary Anne Franks
Bottom Line Defense in Title VII Actions: Supreme Court Rejection in Connecticut v. Teal and a Modified Approach, David Yellen
Condominium Law: How Florida Must Continue to Adapt in the Wake of the Champlain Towers South Collapse, Austin Price
Coordinating Sanctions for Corporate Misconduct: Civil or Criminal Punishment, David Yellen and Carl J. Mayer
Deploying Mindfulness to Gain Cognitive Advantage: Considerations for Military Effectiveness and Well-being, Scott L. Rogers, Amishi P. Jha, Eric Schoomaker, and Edward Cardon
Do Tesla FSD Beta Releases Violate Public Road Testing Regulations?, William H. Widen and Philip Koopman
Do Tesla FSD Beta Releases Violate Public Road Testing Regulations?, William H. Widen and Philip Koopman
Due Process Alignment in Mass Restructurings, Sergio J. Campos and Samir D. Parikh
Chevron: Fueling the Right Against Title 42 and the Denial of U.S. Asylum Rights, Nicholas Pierre-Paul
Sanchez v. Mayorkas: Is This the End of Green Cards for Temporary Protected Status Holders?, Thalia G. Rivet
Encouraging Race-Based Advocacy in Legal Services Practice, JoNel Newman
Enron at the Margin, William H. Widen
Environmental Warfare [Comment], Bernard Oxman
Epic Games, Inc. v. Apple, Inc.: An Epic Opinion for Software Developers, Gabriella Veronica Coffield
Freedom from Speech, Mary Anne Franks
Front Matter and Table of Contents
Front Matter and Table of Contents
Gender Violence as a Penalty of Poverty, Deborah M. Weissman
Hard Truths: Cracking Open the Case of Whether Hard Seltzer Is Beer, Scott Fraser
Highly Automated Vehicles & Discrimination against Low-Income Persons, William H. Widen
Hospital Mergers: The Symptoms of Anticompetitive Consolidation & A Routine Checkup on the Horizontal Merger Guidelines, Stefan Rao Kostas
How Can the Law Respond to Online Harassment?, Mary Anne Franks, Jacqueline Ryan Vickery, and Tracy Everbach
Illusion, Illogic, and Injustice: Real-Offense Sentencing and the Federal Sentencing Guidelines, David Yellen
In Memory of Joni Cesta, Neil D. Levin, Thomas Crane Wales, Glenn J. Winuk, David Yellen
In Support of UREAA: The Case for Timely, Uniform, and Comprehensive Action Against Restrictive Employment Agreements, Ryan Greenberg
Introduction to the Yale Symposium on Trade Law Under the Trump Administration, Kathleen Claussen and David Singh Grewal
Is Relevant Conduct Relevant - Reconsidering the Guidelines Approach to Real Offense Sentencing, David Yellen
Is There Force in Force Majeure After COVID-19 or in The Freedom to Negotiate Risk?, Sara Lazarevic
Jamestown, 1619 and the Common Law, William H. Widen
Jotwell's Thirteenth Birthday Celebration, A. Michael Froomkin
Just Deserts and Lenient Prosecutors: The Flawed Case for Real--Offense Sentencing, David Yellen
Kansas, Crisis, Tenure and the US Contracts Clause, William H. Widen
Letters of Credit, Voidable Preferences, and the Independence Principle, William H. Widen and David Gray Carlson
Mitigating Zoonotic Disease Threats to Prevent Future Pandemics: A Critical Analysis of Policy Favoring the Closures of Wildlife Markets in Latin America, Melany J. Danielson
Moral Hazard on Stilts: Zeran’s Legacy, Mary Anne Franks
Now Streaming: How Streaming Services Are Following in the Antitrust Footsteps of Hollywood’s Golden Age, Megan Elizabeth Norris
Old Wine in New Bottles? The Trade Rule of Law, Kathleen Claussen
Post-Crisis Legal Education: Some Premature Thoughts, David Yellen
Prefatory Matter and Table of Contents
Prevalence of Substantive Consolidation in Large Bankruptcies From 2000 to 2004: Preliminary Results, William H. Widen
Probation Officers Look at Plea Bargaining, and Do Not Like What They See, David Yellen
Reforming Cocaine Sentencing: The New Commission Speaks, David Yellen
Reforming the Federal Sentencing Guidelines Misguided Approach to Real-Offense Sentencing, David Yellen
Report to the American Bankruptcy Institute: Prevalence of Substantive Consolidation in large Public Company Bankruptcies from 2000 to 2005, William H. Widen
Saving Federal Sentencing Reform after Apprendi, Blakely and Booker, David Yellen
Sentence Discounts and Sentencing Guidelines for Juveniles, David Yellen
Should Judges Take Seriously the Sentencing Commission's Standards for Accepting Plea Agreements?, David Yellen
Speaking of Women: Feminism and Free Speech, Mary Anne Franks
Standing up to Hackers: Article III Standing for Victims of Data Breaches, Kendall Coffey
The Afterlife of Confederate Monuments, Jessica Owley and Jess Phelps
The Demise of the Hub-and-Spoke Cartel and the Rise of the Student Athlete: A Significant Step Toward a New Era of Conferences in NCAA v. Alston, Brandon Posivak
The Direct Investment Tax Initiatives of the European Community: A View from the United States, Stanley Langbein and David H. Rosenbloom
The Earmarking Defense to Voidable Preference Liability: A Reconceptualization, William H. Widen and David Gray Carlson
The Enduring Difference of Youth, David Yellen
The Freedom of Influencing, Hannibal Travis
The Impact of Rankings and Rules on Legal Education Reform, David Yellen
The Improvised Implementation of Executive Agreements, Kathleen Claussen
The Microsoft Litigation’s Lessons for United States v. Google, John E. Lopatka and William H. Page
The New Law of the Sea, Bernard Oxman
The OECD/G20-BEPS-Project and the Value Creation Paradigm: Economic Reality Disemboguing into the Interpretation of the "Arm's Length" Standard, Stanley I. Langbein and Max R. Fuss
The Sentencing Commission Takes on Crack, Again, David Yellen
The Virtual Law School, 2.0, A. Michael Froomkin
Thinking Like a Lawyer or Acting Like a Judge: A Response to Professor Simon, David Yellen
Two Cheers for a Tale of Three Cities, David Yellen
What Juvenile Court Abolitionists Can Learn from the Failures of Sentencing Reform, David Yellen
Where the Law Lies: The Costs of Constitutional Fictions, Mary Anne Franks