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ArticleVol. 104 · Iss. 1
Trust Litigation
Abstract There is a blind spot at the center of American inheritance law. In the late twentieth century, revocable living trusts (rev trusts) replaced…
David Horton, Reid Kress Weisbord & Christopher J. Ryan, Jr. -
ArticleVol. 104 · Iss. 1
Fiscally Restraining Criminal Lawmaking
Abstract Lawmakers face strong political incentives to criminalize ever more conduct and punish it more harshly, even when adding a new crime or increasing…
Russell M. Gold & Leah Nelson -
ArticleVol. 104 · Iss. 1
Dual-Track Bias
Abstract Since the JOBS Act of 2012 made it easier to start the IPO process, startups have increasingly pursued a “dual-track” exit strategy, simultaneously…
Alexander I. Platt -
ArticleVol. 104 · Iss. 1
Board Overload
Abstract The board of directors plays a critical role in steering corporate behavior. Over the past two decades, regulators have increasingly required boards to…
Asaf Eckstein, Roy Shapira & Ariel Shillo -
ArticleVol. 103 · Iss. 5
White House Inspection
Abstract Attempting to hold the President and White House officials accountable necessarily presents a fundamental conundrum—how to balance essential characteristics such as independence and…
Jonathan David Shaub -
ArticleVol. 103 · Iss. 5
Mass Corporate Governance
Abstract Democracy is a compliance cost. At least, that is the modern conception of performative corporate governance. Structurally contingent legal and market characteristics mean…
Caleb N. Griffin -
ArticleVol. 103 · Iss. 5
The Regulatory Paradox of Climate Insurance
Abstract Decades of inadequate federal action on climate change have culminated in a near-total regulatory retreat. Meanwhile, the climate crisis continues to intensify, imposing…
Aisha I. Saad -
ArticleVol. 103 · Iss. 5
Ex Parte Young Redux
Abstract Trump v. CASA, Inc., the first high-profile Supreme Court case challenging President Trump’s birthright-citizenship executive order, cemented a seismic shift in federal courts’…
Katherine Mims Crocker -
ArticleVol. 103 · Iss. 5
Patent Law’s (Short-Lived?) Era of Normalcy
Introduction An unusual and surprising thing is happening in patent law of late: very little. The four decades beginning in 1980 saw almost constant…
Mark A. Lemley -
ArticleVol. 103 · Iss. 6
Foreword: The Constitution and Public Finance—Why Now and Why Ever?
Each year, the Washington University Law Review publishes an issue featuring papers presented at our annual symposium. This year’s symposium, held at the Law…
Conor Clarke & Eric Kubo -
ArticleVol. 103 · Iss. 6
The Crisis of Appropriations Law
Introduction Appropriations law is a unique body of federal law. Appropriations law imposes its own somewhat baroque set of statutory interpretation rules, approves of…
Samuel R. Bagenstos -
ArticleVol. 103 · Iss. 6
The Missing Constitutional Law of Executive Conditions
Abstract This Article contributes to the development of the constitutional law of executive conditions. The appropriations presidentialism of the second Trump Administration—the shift from…
Nicole Huberfeld & Matthew B. Lawrence