Online
Essay
All Roads Lead to Guo: The Case for In Re Guo’s (2d Cir. 2020) Resolution of the § 1782 Circuit Split
Reagan W. Kapp
Reagan Kapp is an Online Editor of The University of Chicago Law Review and a J.D. Candidate in the University of Chicago Law School Class of 2022. She received her B.A. from Rice University in 2018.

Over the past few decades, commercial arbitration—including private international arbitration—has steadily increased as a means of dispute resolution.

Online
Essay
Waivers of Compassionate Release in Plea Bargains: The Need for Administrative Action to Prevent Unfair Sentencing
Ellen A. Wiencek
Ellen A. Wiencek is an Articles Editor of The University of Chicago Law Review and a J.D. Candidate in the University of Chicago Law School Class of 2022. She received her B.A. from Washington and Lee University in 2015. Ellen worked in the Federal Public Defenders Office for the Southern District of Illinois in the summer of 2020, where she drafted many motions for compassionate release.

Ellen thanks the Online Editors for their helpful comments on this piece.

Judge Charles Breyer of the United States District Court for the Northern District of California made headlines in May of 2020 with his decision to reject a plea agreement in United States v. Osorto (2020).

Online
Essay
Against Immunizing Nursing Homes
Betsy J. Grey
Jack E. Brown Chair in Law, Sandra Day O’Connor College of Law at Arizona State University.

I thank Bob Dauber, Zachary Kramer, and Joel Nomkin for their valuable comments on earlier drafts and Sean Krieg for his outstanding research assistance. 

Although Congress has so far declined to enact any immunity protection specifically targeted at COVID-19 claims, that has not stopped the Executive Branch from responding to the pandemic with immunity measures.

Online
Essay
Empirical Constitutional Studies: Future Directions
Adam Chilton
Adam Chilton is a Professor of Law and the Walter Mader Research Scholar at the University of Chicago Law School.
Mila Versteeg
Mila Versteeg is the Class of 1941 Research Professor of Law at the University of Virginia School of Law and a Carnegie Fellow at the Andrew Carnegie Foundation of New York.

Our new book—How Constitutional Rights Matter—tries to answer a difficult empirical question: do constitutional rights actually change government behavior? We theorize that constitutional rights that protect individuals often fail to constrain governments, but that constitutional rights that protect organizations can be powerful tools to push back against repression.

Online
Essay
Experimental Methods in Constitutional Law
Adi Leibovitch
Adi Leibovitch is an Assistant Professor of Law at the Hebrew University of Jerusalem.
Alexander Stremitzer
Alexander Stremitzer is the Professor of Law, Economics, and Business at ETH Zurich, Visiting Professor of Law and Senior Scholar in Residence at UCLA Law School, and the J.B. and M.K. Pritzker Family Foundation Distinguished Visiting Professor of Law at Northwestern Pritzker School of Law.

They are grateful to Adam Chilton, Katerina Linos, and Mila Versteeg, for comments on earlier versions of this Essay. They are also indebted to the participants of the Book Conference on Measuring Impact in Constitutional Law held at Chicago in 2020. They thank Costanza Maria Improta for excellent research assistance.

Aright to legal representation has recently been introduced in some Chinese provinces but not in others.

Online
Essay
Constitutional Comprehensibility and the Coordination of Citizens: A Test of the Weingast-Hypothesis
Jerg Gutmann
Jerg Gutmann is an Assistant Professor at the University of Hamburg’s Institute of Law and Economics and a CESifo Affiliate in Munich.
Mahdi Khesali
Mahdi Khesali is a Research Assistant at the University of Hamburg’s Institute of Law and Economics and a Research Associate at the Max Plank Institute for Research on Collective Goods.
Stefan Voigt
Stefan Voigt is a Director of the University of Hamburg’s Institute of Law and Economics and a CESifo Fellow in Munich.

Some constitutions promise paradise on earth. It is, therefore, not surprising that in many countries constitutional reality does not keep pace with constitutional promise.

Online
Essay
Knowing the Law
Kevin L. Cope
Associate Professor of Law and Public Policy at the University of Virginia School of Law.
Charles Crabtree
Assistant Professor, Department of Government, at Dartmouth College.

Ensuring compliance with laws that constrain the state is one of public law’s central challenges.

Online
Essay
The Mutualism of Human Rights Law and Interest Groups
Zachary Elkins
Zachary Elkins is Associate Professor of Government at the University of Texas, at Austin and co-director of the Comparative Constitutions Project.

I recall vividly a flight that I took about ten years ago.  As my wife and I boarded the plane, the pilot greeted us at the threshold—a nice touch.  I couldn’t help but notice his necktie, and maybe that was the point.  It was emblazoned with “Second Amendme

Online
Essay
How Constitutional Rights Matter: Thoughts on the New Gold Standard in Empirical Constitutional Studies
Ran Hirschl
Ran Hirschl is Professor of Political Science and Law at the University of Toronto, holder of the Alexander von Humboldt Professorship in Comparative Constitutionalism at the University of Göttingen, and heads the Max Planck Fellow Group in Comparative Constitutionalism.
Alexander Hudson
Alexander Hudson is a Democracy Assessment Specialist in the Democracy Assessment Unit of International IDEA’s Global Programmes in Stockholm.

Professors Adam Chilton and Mila Versteeg’s How Constitutional Rights Matter is simply a game changer.

Online
Essay
Justiciability and Remedies in Administrative Law Challenges
Tyler B. Lindley
Tyler B. Lindley is a J.D. Candidate at The University of Chicago Law School, Class of 2021, and graduated from Brigham Young University with a B.S. in 2018.

For very helpful feedback and discussion on previous drafts, he thanks Jonathan Mitchell, William Baude, Aziz Huq, Tom Ginsburg, Thomas Miles, Ernest Young, Jared Mayer, Micah Quigley, Eric Wessan, and the participants of the Canonical Ideas in American Legal Thought Seminar. He also thanks the editors of The University of Chicago Law Review for thoughtful comments and edits. Lastly, he thanks his wife, Katrina Lindley, for her indispensable discussion and support.

The Supreme Court’s changing composition and, relatedly, its increasing skepticism for the current structure and pervasiveness of the administrative state have given rise to increased constitutional challenges to agency actions that seem increasingly likely to be successful.