Volume 104
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ArticleVol. 104 · Iss. 1
Trust Litigation
There is a blind spot at the center of American inheritance law. In the late twentieth century, revocable living trusts (rev trusts) replaced wills…
David Horton, Reid Kress Weisbord & Christopher J. Ryan, Jr. -
ArticleVol. 104 · Iss. 1
Fiscally Restraining Criminal Lawmaking
Lawmakers face strong political incentives to criminalize ever more conduct and punish it more harshly, even when adding a new crime or increasing sentence…
Russell M. Gold & Leah Nelson -
ArticleVol. 104 · Iss. 1
Dual-Track Bias
Since the JOBS Act of 2012 made it easier to start the IPO process, startups have increasingly pursued a “dual-track” exit strategy, simultaneously preparing…
Alexander I. Platt -
ArticleVol. 104 · Iss. 1
Board Overload
The board of directors plays a critical role in steering corporate behavior. Over the past two decades, regulators have increasingly required boards to oversee…
Asaf Eckstein, Roy Shapira & Ariel Shillo -
CommentaryVol. 104 · Iss. 1
Beyond the Prison Wall: Refundable Fines as an Alternative to Incarceration
In this Commentary, we introduce the refundable fine, a novel mechanism designed to rehabilitate low- to mid-level first-time offenders and to improve the criminal…
Gideon Parchomovsky & Alex Stein -
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