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Volume 89.6
My Body, Your Choice: The Conflict Between Children's Bodily Autonomy and Parental Rights in the Age of Vaccine Resistance
Leigh Johnson
B.A. 2018, Duke University; J.D. Candidate 2023, The University of Chicago Law School.

I would like to thank Professor Emily Buss and the editors and staff of the University of Chicago Law Review for their thoughtful advice and insight. Thank you to the entire team at CHILD USA, particularly Alice Bohn, for inspiring the initial research that led to this Comment and providing support along the way. Thank you most of all to the parents and students at Woodmont Elementary School, who taught me about care for family and community.

This Comment argues that minors possess a qualified autonomy right to consent to recommended vaccines. It outlines the legal background of this autonomy right by discussing the history of vaccination laws, parental rights, and children’s rights in the United States.

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Volume 89.5
An Information-Production Theory of Liability Rules
Assaf Jacob
Harry Radzyner Law School, Reichman University (IDC)
Roy Shapira
Harry Radzyner Law School, Reichman University (IDC)

We thank Ronen Avraham, Shahar Dillbary, Avihay Dorfman, Ehud Guttel, Alon Harel, Yotam Kaplan, Dan Klerman, Steve Shavell, and Alfred Yen for helpful comments, and Yael Amiel, Tal Elmakaiess and Talya Yosphe for excellent research assistance.

tandard economic analysis views strict liability as preferable to negligence because it is easier to administer and leads to better risk reduction: strict liability induces injurers not only to optimally invest in precaution but also to optimally adjust their activity levels. Standard analysis thus views the prevalence of negligence as unjustifiable on efficiency grounds. This Article challenges the conventional wisdom and clarifies an efficiency rationale for negligence by spotlighting the information-production function of tort law.

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Volume 89.5
The Public Right to Education
Matthew Patrick Shaw
Assistant Professor of Law, Vanderbilt Law School; Assistant Professor of Public Policy and Education, Vanderbilt Peabody College. Affiliated Scholar, American Bar Foundation. J.D., Columbia University; Ed.D., Ed.M., Harvard University; A.B., University of North Carolina at Chapel Hill.

I thank Bernadette Atuahene, David Baluarte, Derek Black, Lisa Schultz Bressman, Jessica Clarke, Shari Diamond, Jonathan Feingold, Jonathan Glater, Vinay Harpalani, Brandon Hasbrouck, Brant Hellwig, Alexandra Klein, Terry Maroney, Ajay Mehrotra, Elizabeth Mertz, Robert Mikos, Melissa Murray, Laura Beth Nielsen, Shaun Ossei-Owusu, Kish Parella, Asad Rahim, James Ryan, Christopher Schmidt, Christopher Serkin, Daniel Sharfstein, Joan Shaughnessy, Jennifer Shinall, Fred Smith, Kevin Stack, Alan Trammell, Joshua Weishart, Kevin Woodson, Dwayne Wright, and Ingrid Wuerth for their helpful feedback on early drafts and much needed collegial support. I also thank the Frances Lewis Law Center at the Washington and Lee University School of Law and Christopher Seaman and Allegra Steck of that Center for their generous research support and Vanderbilt University’s Peabody College for its equally generous support for the research leave that yielded this Article. Franklin Runge at the Washington and Lee University School of Law provided incomparable library support, and George Bouchard, Francisco Santelli, Russel Wade, Jon D’Orazio, Richard Hall, Michelle Koffa, Ashton Toone, and Wesley Wei provided invaluable research assistance. I would also like to thank the student editors of the Law Review. This Article also benefitted immensely from helpful comments and remarks in faculty workshops at the American Bar Foundation, University of Chicago Law School, Vanderbilt Law School, and Washington and Lee University School of Law, as well as in the John Mercer Langston Workshop.

Public education is “the most important function of state and local government” and yet not a “fundamental right or liberty.” This Article engages one of constitutional law’s most intractable problems by introducing “the public right to education” as a doctrinal pathway to a constitutional right to education process in three steps.

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Volume 89.5
Pretrial Detention by a Preponderance: The Constitutional and Interpretive Shortcomings of the Flight-Risk Standard
Jaden M. Lessnick
B.A. 2020, Emory University; J.D. Candidate 2023, The University of Chicago Law School.

I am immeasurably grateful for the input and mentorship of Professor Alison Siegler, whose tireless and groundbreaking pretrial detention advocacy inspired this Comment. I also benefitted greatly from the suggestions and patience of Alec Mouser and Simon Jacobs. Thanks as well to Professors Ryan Doerfler, Daniel Wilf-Townsend, Erica Zunkel, and Judith Miller, and to the editors of the University of Chicago Law Review. Finally, thanks to my parents, whose support has been unwavering.

This Comment contends that the preponderance standard for flight risk is unconstitutional and interpretively incorrect. In cases involving similar government restrictions on physical liberty, the Supreme Court has generally required at least a “clear and convincing evidence” standard to comport with due process.

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Volume 89.5
What's the Use?: Interpreting the Term "Uses" in the Aggravated Identity Theft Provision
Shang-Chi Andrew Liu
B.A. 2020, University of California, Los Angeles; J.D. Candidate, The University of Chicago Law School.

Many thanks to the editors and staff of the University of Chicago Law Review for their helpful advice and insight.

This Comment argues that the rule of lenity is improper in the context of the aggravated identity theft provision because a variety of interpretive tools are available and operative. For that reason, courts should apply the statute in accordance with its broad plain meaning by construing “uses” as requiring only general misuse of another person’s identifying information.

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Volume 89.5
Untangling the Prison Mailbox Rules
Mario Ramirez
B.A. 2020, University of Florida; J.D. Candidate 2023, The University of Chicago Law School.

I would like to thank my fellow Law Review editors for their thoughtful feedback.

Focusing particularly on the Court’s instructions about when courts should apply a prison mailbox rule, this Comment provides a solution to each of those three issues and then combines those answers into a simple, easy-to-apply framework.

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Volume 89.4
Kids Are Not So Different: The Path from Juvenile Exceptionalism to Prison Abolition
Emily Buss
Mark and Barbara Fried Professor of Law at the University of Chicago Law School

Thanks to Herschella Conyers, Jessica Feierman, Martin Guggenheim, Esther Hong, Genevieve Lakier, Robert Schwartz, and Elizabeth Scott for their helpful comments and to Alexandra Bright Braverman, Eleanor Brock, Ryne Cannon, Robert Clark, Kyra Cooper, William Cope, Kim Johnson, Tori Keller, Crofton Kelly, Rachel Smith, and Anna Ziai for their excellent research assistance. Thanks to the Arnold and Frieda Shure Research Fund for its generous support of this research. 

Inspired by the Supreme Court’s embrace of developmental science in a series of Eighth Amendment cases, “kids are different” has become the rallying cry, leading to dramatic reforms in our response to juvenile crime designed to eliminate the incarceration of children and support their successful transition to adulthood. The success of these reforms represents a promising start, but the “kids are different” approach is built upon two flaws in the Court’s developmental analysis that constrain the reach of its decisions and hide the true implications of a developmental approach.

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Volume 89.4
Contractual Evolution
Matthew Jennejohn
Professor of Law, BYU Law School
Julian Nyarko
Assistant Professor of Law, Stanford Law School
Eric Talley
Isidor & Seville Sulzbacher Professor and Faculty Codirector of the Millstein Center for Global Markets & Corporate Ownership, Columbia Law School

Conventional wisdom portrays contracts as static distillations of parties’ shared intent at some discrete point in time. In reality, however, contract terms evolve in response to their environments, including new laws, legal interpretations, and economic shocks. While several legal scholars have offered stylized accounts of this evolutionary process, we still lack a coherent, general theory that broadly captures the dynamics of real-world contracting practice. This paper advances such a theory, in which the evolution of contract terms is a byproduct of several key features, including efficiency concerns, information, and sequential learning by attorneys who negotiate several deals over time.

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Volume 89.4
The Exception to Rule 12(d): Incorporation by Reference of Matters Outside the Pleadings
Laura Geary
B.A. 2018, Swarthmore College; J.D. Candidate 2023, The University of Chicago Law School

I thank Professor William H.J. Hubbard for his expert guidance and thoughtful feedback as well as the editors of the University of Chicago Law Review

This Comment explores the history of Rule 12(d), describes courts’ varying uses of the exception, and proposes a unifying method of interpretation for the future. Drawing on other procedural rules and an analogous doctrine in contract law, it argues that only unmistakably referenced written instruments may be incorporated.

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Volume 89.4
In Need of Better Material: A New Approach to Implementation Challenges Under the IDEA
Annie Kors
B.A. 2018, Yale University; J.D. Candidate 2023, The University of Chicago Law School.

Thank you to Professor Emily Buss for thoughtful feedback throughout this process and to the incredible editors of the Law Review

How far may a school district deviate from the services specified in an IEP and remain in compliance with the IDEA? In other words, how much of the adequate written plan is the student in fact entitled to receive? There are two existing approaches to failure-to-implement cases: the materiality approach and the per se test. This Comment argues that both approaches are flawed.

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Volume 89.4
The Constitutionality of Orthodoxy: First Amendment Implications of Laws Restricting Critical Race Theory in Public Schools
Dylan Salzman
B.A. 2019, Middlebury College; J.D. Candidate 2023, The University of Chicago Law School

I would like to thank Professors Geoffrey Stone, Aziz Huq, and Genevieve Lakier for their guidance. Additional thanks go to the editors and staff of the University of Chicago Law Review for their thoughtful advice and insight. 

This Comment argues that existing doctrine supports recognizing a student right to be free from political orthodoxy in public education. It proposes a burden-shifting test for vindicating that right.

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Volume 89.3
The Law and Economics of Animus
Andrew T. Hayashi

I argue for an economic approach to equal protection analysis that is grounded in the motivations of government actors but that addresses some of the longstanding concerns with intent-based tests. The examples of criminal deterrence and equal protection analysis are illustrative of an agenda for law and economics analysis that more incorporates other-regarding motives more generally.