Volume 67 (2017-2018)

Volume 67, Number 8 – May 2018

Posted on May 31st, 2018

Articles Exiting Congressional-Executive Agreements Curtis A. Bradley PDF Commentators have argued that, even if the president has the unilateral authority to terminate Article II treaties concluded with the Senate’s advice and consent, the president lacks the unilateral authority to terminate “congressional-executive agreements” concluded with majority congressional approval, such as the North American Free Trade Agreement Continue Reading »

Volume 67, Number 7 – April 2018

Posted on April 27th, 2018

Articles Fixing Law Reviews Barry Friedman PDF Very few people are happy at present with the law review publishing process, from article submission and selection to editing. Complaints are longstanding; similar ones emerge from faculty and students alike. Yet, change has not occurred. We remain locked in a process in which neither faculty nor students Continue Reading »

Volume 67, Number 6 – March 2018

Posted on March 14th, 2018

Article Crises and Tax Andrew Blair-Stanek PDF How can law best mitigate harm from crises like storms, epidemics, and financial meltdowns? This Article uses the law and economics framework of property rules and liability rules to analyze crisis responses across multiple areas of law, focusing particularly on the ways the Internal Revenue Service (IRS) battled Continue Reading »

Volume 67, Number 5 – February 2018

Posted on February 22nd, 2018

Articles Reputational Regulation Kishanthi Parella PDF When organizations act in ways that offend the public interest, parties seeking to change that behavior traditionally turned to litigation to force these organizations to reform, whether by command or consent. For example, following Brown v. Board of Education , “structural reform litigation” forced large-scale organizations, from school boards Continue Reading »

Volume 67, Number 4 – January 2018

Posted on January 29th, 2018

Articles The War Against Chinese Restaurants Gabriel J. Chin & John Ormonde PDF Chinese restaurants are a cultural fixture—as American as cherry pie. Startlingly, however, there was once a national movement to eliminate Chinese restaurants, using innovative legal methods to drive them out. Chinese restaurants were objectionable for two reasons. First, Chinese restaurants competed with Continue Reading »

Volume 67, Number 3 – December 2017

Posted on December 13th, 2017

Articles One Good Plaintiff Is Not Enough Aaron-Andrew P. Bruhl PDF This Article concerns an aspect of Article III standing that has played a role in many of the highest-profile controversies of recent years, including litigation over the Affordable Care Act, immigration policy, and climate change. Although the federal courts constantly emphasize the importance of Continue Reading »

Volume 67, Number 2 – November 2017

Posted on November 22nd, 2017

Articles The Bootstrap Trap Sara Sternberg Greene PDF In the mid-1990s, Congress fundamentally altered the public safety net when it passed the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996, otherwise known as welfare reform. Under the PRWORA, cash assistance was no longer an entitlement for income-qualifying families; instead, recipients faced work requirements Continue Reading »

Volume 67, Number 1 – October 2017

Posted on October 10th, 2017

Articles The Black Hole Problem in Commercial Boilerplate Stephen J. Choi, Mitu Gulati & Robert E. Scott PDF Rote use of a standard-form contract term can erode its meaning, a phenomenon made worse when the process of encrustation introduces various formulations of the term. When they occur, rote usage and encrustation weaken the communicative properties Continue Reading »