In This Issue
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Incognito Consumer Harm
What good is a legal system built for visible injuries in a world where injury is designed to be invisible? This Article identifies and theorizes incognito consumer harm
Yunsieg P. KimArticle -
Corporate Crime and Corporate Bankruptcy
Mass-tort bankruptcies often arise from underlying criminal conduct, yet organizational criminal charges are pursued inconsistently. In some high-profile Chapter 11 reorganizations, such as that of Purdue Pharma, prosecutors intervened decisively, using the…
Alexander GouzoulesArticle -
Enforcing the Community Reinvestment Act
Nearly fifty years after the Community Reinvestment Act of 1977 (CRA) required banks to serve low- and moderate-income (LMI) areas, the systematic exclusion of disadvantaged communities from the mainstream financial system persists.…
Jeremy C. Kress & Jeffery Y. ZhangArticle -
Fairness and Excess in Asset Forfeiture
Every year, federal, state, and local law enforcement agencies take ownership of billions of dollars’ worth of property that is thought to be connected to criminal activity. This legal process is known…
Stephanie Holmes Didwania & Matthew B. KuglerArticle -
Clemency and Public Opinion: A Survey of Missouri Voters
Executive clemency presents a law and policy puzzle. The executive power to grant clemency is quite broad and unregulated; historically, it was frequently exercised. Although discretion remains powerful, the use of clemency…
Nicholas Scurich, Brandon L. Garrett, Richard S. John & T.C. TanskiCommentary -
One-Person, One-Initiative: Equal Protection Limits on Missouri’s Proposed District-Based Initiative Approval Rule
Direct democracy is deeply rooted in Missouri’s history. Since Missouri adopted the initiative and referendum processes in 1908, voters have successfully placed 130 measures on the ballot through citizen initiatives. However, this…
Domenic MonteleoneNote
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Online2026
Reading Laws, Not Minds: The “Why” Inquiry After Bruen
This Article identifies a tension at the center of the Supreme Court’s post-Bruen Second Amendment doctrine. In other areas of the law, the Court…
Hutchinson Fann & Jordan Al-Rawi -
Online2026
Shadow Tariffs and the Executive Volatility Regime
This Article identifies and theorizes a neglected element of tariffs: “shadow tariffs,” the tariff-like burdens created by executive volatility rather than by durable border…
Doron Narotzki -
Online2026
Race as Evidence: The Historical Racial Nexus and Equal Protection
This Essay accepts strict scrutiny as the constitutional terrain within which race-conscious policy must operate and builds a refined framework for equal protection analysis:…
Lisa Owens -
Online2026
Property Rights v. Taxpayer Rights: The Battle Over Tax Foreclosures
Local governments rely on property taxes to fund many essential public services. Owners who do not pay the taxes impose an increased burden on…
Stewart E. Sterk -
Online2026
An Overlooked Footnote in Trump v. CASA Ensures That the Debate Over Universal Injunctions Isn’t Over
Several months ago, I wrote in Law360 that, given the tenor of the questioning in Trump v. CASA—the birthright citizenship case—I did not expect…
Harvey Reiter -
Online2026
Land-Grant Universities
In their groundbreaking High Country News article on “land-grab universities,” Robert Lee and Tristian Ahtone argue that Congress’s 1862 Morrill Act, which famously granted…
Michael Banerjee -
Online2026
A Stage with Three Kings: EdTech, Sovereignty, and the Future of Transatlantic Data Law
The landmark Microsoft Ireland case highlights the limits of U.S. law enforcement authority to compel access to data stored abroad during criminal investigations. In…
Qifan Zhang -
Online2025
The Wrong Level of Generality: Misapplying Bruen to Young-Adult Firearm Rights
Three relatively recent appellate opinions—McCoy v. ATF, National Rifle Ass’n v. Bondi, and Rocky Mountain Gun Owners v. Polis—upheld modern restrictions on 18-to-20-year-old adults’…
George A. Mocsary -
Online2025
The Fifth Circuit’s Holding in National Horsemen’s Benevolent and Protective Association v. Black Keeps HISA from Crossing the Wire
The Framers of the Constitution deliberately divided federal powers among three branches, ensuring that each branch is held accountable by the others. The private…
Kyle Kendall -
Online2025
Birthright Citizenship of Child Born to Enemy Alien Visitors
This is the story of Mogridge v. United States, in which the United States asserted, and a multinational commission held, that a child born…
John Vlahoplus & Michael L. Rosin -
Online2025
Why Charters?
While charters are poorly designed for broad public transparency, they still provide benefits by functioning like a recording system that reduces investigation costs and…
Abraham J.B. Cable -
Online2025
Recovering from Rucho: How States Can Create National Partisan Fairness
Rucho v. Common Cause and the failure to pass H.R. 1 have left national gerrymandering reform on life support. At present, however, states committed to…
James Piltch & Aaron Goldzimer
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ArticleVol. 104 · Iss. 1
Trust Litigation
David Horton, Reid Kress Weisbord & Christopher J. Ryan, Jr. -
CommentaryVol. 104 · Iss. 1
Beyond the Prison Wall: Refundable Fines as an Alternative to Incarceration
Gideon Parchomovsky & Alex Stein
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