Online
Essay
More Meaningful Ethics
Veronica Root Martinez
Veronica Root Martinez is a Professor of Law, Robert & Marion Short Scholar, and Director of the Program on Ethics, Compliance, & Inclusion at Notre Dame Law School.

The author thanks the participants of the 2019 “Investigating the Intersections of Corporate Governance and Compliance” Conference and her Global Compliance Survey students in the Notre Dame London Law program for their comments and conversations. Special appreciation to The University of Chicago Law Review Online for publishing the conference participants’ contributions. Additional thanks to Carol Li and Malaina Weldy for invaluable research assistance.

Creating systems to create, promote, and encourage ethical behavior within firms is a maddeningly difficult endeavor. The interplay between legal and regulatory requirements, the creation of compliance policies and procedures, and the instillation of ethical behavior within firms is not a new challenge, but it may be at a tipping point.

Online
Essay
The Political Economy of Judicial Federalism
Michael E. Solimine
Michael E. Solimine is the Donald P. Klekamp Professor of Law, University of Cincinnati College of Law.

An earlier version of this Essay was presented to and benefitted from the comments at a faculty workshop at the University of Cincinnati College of Law.

Professor Diego Zambrano’s recent article in the University of Chicago Law Review, Federal Expansion and the Decay of State Courts, is an institutional and comparative examination of federal and state courts as it pertains to judicial federalism.

Online
Essay
Fifth Circuit Will Reconsider Constitutionality of ICWA’s Race-Based Burdens
Timothy Sandefur
Timothy Sandefur is Vice President for Litigation at the Goldwater Institute, and author, most recently, of Recent Developments in Indian Child Welfare Act Litigation: Moving Towards Equal Protection?, 23 Tex Rev L & Pol 425 (2019).

The Fifth Circuit Court of Appeals announced on November 7 that it will rehear a case called Brackeen v. Bernhardt that weighs the constitutionality of the Indian Child Welfare Act (ICWA).

Online
Essay
Originalism as Faithfulness
Christopher R. Green
Christopher R. Green is Professor of Law and H.L.A. Hart Scholar of Law and Philosophy at the University of Mississippi and an Affiliated Scholar at the Center for the Study of Constitutional Originalism at the University of San Diego.

You can read more of his scholarly work here.

Eric Segall’s Originalism as Faith is a quick, easily-digestible summary of the conventional wisdom about the Supreme Court’s relationship to original meaning for large portions of the legal academy.

Online
Essay
Criminal Justice Reform and the Courts
Rachel E. Barkow
Rachel E. Barkow is the Segal Family Professor of Regulatory Law and Policy at NYU Law School.

This essay is a revised and excerpted version of Chapter 10 of Rachel Elise Barkow, Prisoners of Politics: Breaking the Cycle of Mass Incarceration (Harvard 2019).

Prosecutors seem to be the primary target for criminal justice reformers today, and with good reason: they are key gatekeepers to whether criminal charges get brought or not, and the particular charges they bring often dictate a defendant’s sentence.

Online
Essay
The Admissibility of Forensic Reports in the Post–Justice Scalia Supreme Court
Laird Kirkpatrick
Laird Kirkpatrick is the Louis Harkey Mayo Research Professor of Law at The George Washington University Law School, where he has taught evidence and evidence related courses for more than twenty five years.

Forensic reports linking a defendant to a crime—such as drug tests, blood analysis, DNA profiles, and much more—often constitute the most powerful and persuasive evidence that can be offered at a criminal trial.

Online
Essay
Why the NCAA’s No-Transfer Rule Is No Good
Michael A. Carrier
Michael A. Carrier is a Professor of Law at Rutgers Law School, where he specializes in antitrust and intellectual property law.
Marc Edelman
Marc Edelman is a Professor of Law at the Zicklin School of Business, Baruch College, City University of New York, where he focuses on sports law, antitrust law, intellectual property law, and gaming/fantasy sports law.

Earlier this year, after suffering from depression, University of Michigan football lineman James Hudson applied to transfer to the University of Cincinnati.

Online
Essay
Taking Rulemaking Procedures Seriously in Bending the Rules
Rachel Augustine Potter
Rachel Augustine Potter (rapotter@virginia.edu @raugpott) is an Assistant Professor in the Department of Politics at the University of Virginia. Her research focuses on American political institutions, bureaucratic politics, and regulation.

Notice-and-comment rulemaking is often thought of as a fixed process: if agency X follows the process then it creates binding regulation Y.

Online
Essay
Unequal State Sovereignty: Considering the Equal State Sovereignty Principle Through Nineteenth-Century Election Laws
Zachary Newkirk
Zachary Newkirk is a law clerk to a federal judge in Florida. JD & MA (History) 2017, Duke University School of Law; BA 2012, Cornell University.

The views expressed here do not reflect the views of any past, current, or future employer. Thank you to Professor Guy Charles for his mentorship. Special gratitude to Meaghan Newkirk for her wonderful editing assistance.

The equal state sovereignty principle may be “our historic tradition,” but it is an ill-defined, unexplored, and ambiguous one.

Online
Essay
The Origins of War Manifestos
Oona A. Hathaway
Oona A. Hathaway is a professor of international law at Yale Law School
William S. Holste
William S. Holste is an associate at Shearman & Sterling LLP
Scott J. Shapiro
Scott J. Shapiro is a professor of law and philosophy at Yale Law School
Jacqueline Van De Velde
Jacqueline Van De Velde, JD, Yale Law School, 2017, is a law clerk.
Lisa Wang Lachowicz
Lisa Wang Lachowicz is an associate at Debevoise & Plimpton LLP

Our recent article, War Manifestos, was the first work of legal scholarship to examine the documents that set out the legal reasons sovereigns provided for going to war from the late fifteenth century until the mid-twentieth century.

Online
Article
Online 86
RadicalxChange: An Academic Agenda
E. Glen Weyl
Principal Researcher, Microsoft Research; Visiting Research Scholar, Julis- Rabinowitz Center for Public Policy and Finance, Woodrow Wilson School of Public and International Affairs, Princeton University.

Introduction