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Washington University Law Review

@washulawreview.bsky.social
43 followers 10 following 68 posts

Washington University in St. Louis's premier legal journal since 1915. Tweets and Retweets are not endorsements.

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Washington University Law Review @washulawreview.bsky.social · 14/09/2026
You may notice something new… The Washington University Law Review has a new look! Our redesigned website is now live, celebrating our tradition of legal scholarship since 1915. Explore the new site: washulawreview.org
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Home - Washington University Law Review
The Washington University Law Review is a student-edited journal publishing volumes of general legal scholarship, in print and online.
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Washington University Law Review @washulawreview.bsky.social · 02/08/2026
New from the Washington University Law Review Online Edition, Volume 104: Doron Narotzki's Shadow Tariffs and the Executive Volatility Regime introduces the concept of "shadow tariffs," arguing that executive tariff volatility can impose real economic costs even when tariffs are never collected.
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SHADOW TARIFFS AND THE EXECUTIVE VOLATILITY REGIME – Washington University Law Review
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 collection. When an admini...
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Brian Galle @bdgesq.bsky.social · 29/07/2026
Ok, this one is about the Moore case and tax reform in (probably) 2029 & after. Moore says we probably can only tax super-rich people when they sell stuff, not through a wealth tax or similar options. An alternative would be to tax their consumption. Is that a good plan? Spoiler: no. /1
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Washington University Law Review @washulawreview.bsky.social · 29/07/2026
New from Washington University Law Review: Domenic Monteleone's One Person, One Initiative: Equal Protection Limits on Missouri's Proposed District-Based Initiative Approval Rule is now available in an early release ahead of the August 4 election.
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Marty Lederman @martylederman.bsky.social · 28/07/2026
As I've said before, this might be the most important law review article of the second Trump term (and, of course, it's fantastic).
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Washington University Law Review @washulawreview.bsky.social · 27/07/2026
The Washington University Law Review is pleased to publish How the U.S. Constitution Shapes International Tax Law by Noam Noked, Young Ran (Christine) Kim, and Reuven Avi-Yonah as part of Volume 103, Issue 6. Read: wustllawreview.org/2026/07/27/h...
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How the U.S. Constitution Shapes International Tax Law: Instrument Choice in Tax Agreements – Washington University Law Review
The U.S. Constitution’s Treaty Clause, which requires Senate approval by a two-thirds vote for treaties, has significantly influenced the development of international tax law. This Article examines th...
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Washington University Law Review @washulawreview.bsky.social · 27/07/2026
The Washington University Law Review is pleased to publish Symmetry and Speech by Miranda Perry Fleischer as part of Volume 103, Issue 6. The Article examines First Amendment protections for nonprofit organizations. Read: wustllawreview.org/2026/07/27/s...
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Symmetry and Speech: Nonprofits and the First Amendment – Washington University Law Review
In the spring of 2025, President Trump threatened Harvard’s tax-exempt status, accusing it of “pushing political, ideological, and terrorist inspired/supporting ‘Sickness.’” In the following months, t...
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Washington University Law Review @washulawreview.bsky.social · 27/07/2026
The Washington University Law Review is pleased to publish Against Doctrinal Siloing by David Gamage and Darien Shanske as part of Volume 103, Issue 6. The Article proposes a unified framework for constitutional questions involving fiscal federalism. Read: wustllawreview.org/2026/07/27/a...
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Against Doctrinal Siloing:Harmonizing Fiscal Federalism and the U.S. Constitution – Washington University Law Review
The founders have been credited with “splitting the atom of sovereignty” in creating our federal system.[3] Yet this revolutionary achievement has fractured into a bewildering array of doctrinal silos...
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Washington University Law Review @washulawreview.bsky.social · 27/07/2026
The Washington University Law Review is pleased to publish Consumption Taxes and the Constitution by Brian Galle as part of Volume 103, Issue 6. The Article examines whether consumption taxes offer a viable response to inequality. Read: wustllawreview.org/2026/07/27/c...
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Consumption Taxes and the Constitution – Washington University Law Review
In the aftermath of Moore v. United States, there has been a modest rise in interest in U.S. consumption taxes, not only for revenue raising but as a response to inequality. This Article argues that t...
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Washington University Law Review @washulawreview.bsky.social · 27/07/2026
The Washington University Law Review is pleased to publish Tariffs and the Progressive Fiscal Constitution by Lawrence J. Liu and Alex Zhang as part of Volume 103, Issue 6. The Article explores how tariff policy can better align with progressive taxation. Read: wustllawreview.org/2026/07/27/t...
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Tariffs and the Progressive Fiscal Constitution – Washington University Law Review
For more than a century, progressive taxation has constituted the American fiscal state. A resurgent and expanding tariff regime, however, threatens that commitment to progressive distribution. Given ...
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Washington University Law Review @washulawreview.bsky.social · 27/07/2026
The Washington University Law Review is pleased to publish The Origination Clause and the President's Tariffs by Susan C. Morse, Shu-Yi Oei, and Diane M. Ring as part of Volume 103, Issue 6. Read: wustllawreview.org/2026/07/26/t...
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The Origination Clause and the President’s Tariffs – Washington University Law Review
The President’s dramatic use of tariffs has unleashed a host of constitutional and statutory interpretation challenges that promise to make new law. In the leading case, Learning Resources, Inc. v. Tr...
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Washington University Law Review @washulawreview.bsky.social · 27/07/2026
The Washington University Law Review is pleased to publish Tariffs and the Taxing Power by Conor Clarke and Ari Glogower as part of Volume 103, Issue 6. The Article examines the historical foundations of presidential tariff authority. Read: wustllawreview.org/2026/07/26/t...
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Tariffs and the Taxing Power:Historical Lessons for Major Questions and Nondelegation – Washington University Law Review
American law is grappling with basic questions about the President’s power to impose tariffs—questions concerning whether Congress can delegate this authority, and the degree to which it has. But the ...
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Washington University Law Review @washulawreview.bsky.social · 27/07/2026
The Washington University Law Review is pleased to publish Public Functions and Private Resources by Zachary S. Price as part of Volume 103, Issue 6. The Article examines the constitutional questions raised by governments relying on private resources. Read: wustllawreview.org/2026/07/26/p...
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Public Functions and Private Resources – Washington University Law Review
At the federal level, the boundary between public and private functions is under pressure. On top of longstanding trends toward privatizing government functions and running agencies like businesses, t...
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Washington University Law Review @washulawreview.bsky.social · 27/07/2026
The Washington University Law Review is pleased to publish The Missing Constitutional Law of Executive Conditions by Nicole Huberfeld and Matthew B. Lawrence in Volume 103, Issue 6. The Article examines the constitutional law of executive conditions. Read: wustllawreview.org/2026/07/26/t...
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The Missing Constitutional Law of Executive Conditions – Washington University Law Review
This Article contributes to the development of the constitutional law of executive conditions. The appropriations presidentialism of the second Trump Administration—the shift from bilateral executive/...
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Washington University Law Review @washulawreview.bsky.social · 27/07/2026
The Washington University Law Review is pleased to publish The Crisis of Appropriations Law by Samuel R. Bagenstos in the symposium issue, Volume 103, Issue 6. The Article examines the foundations of appropriations law. Read: wustllawreview.org/2026/07/26/t...
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The Crisis of Appropriations Law – Washington University Law Review
Appropriations law is a unique body of federal law. Appropriations law imposes its own somewhat baroque set of statutory interpretation rules, approves of very broad delegations to the Executive Branc...
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Washington University Law Review @washulawreview.bsky.social · 27/07/2026
The Washington University Law Review is pleased to publish the Foreword to Volume 103.6, The Constitution and Public Finance: Why Now and Why Ever?, by Conor Clarke and Eric Kubo. The Foreword frames the symposium on Taxing, Spending, and the Constitution. Read: wustllawreview.org/2026/07/26/f...
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Foreword: The Constitution and Public Finance—Why Now and Why Ever? – Washington University Law Review
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 School on September 26, 2025, focused on t...
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Fordham Law School @fordhamlawnyc.bsky.social · 17/06/2026
In a 2026 paper in the Washington University Law Review (@washulawreview.bsky.social), Fordham Law Professor Doni Bloomfield (@donibloomfield.bsky.social) and Vanderbilt Law Professor Jeff Gordon explore ways to mitigate supply shocks through reforms to business law and regulation.
law.vanderbilt.edu
Why Markets Fail to Build Resilience, and What the Law Can Do About It
Vanderbilt Law Professor Jeff Gordon's latest paper offers a framework for optimizing resilience in an era of resource uncertainty
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Katherine Mims Crocker @crockeroncourts.bsky.social · 14/07/2026
My new @washulawreview.bsky.social article Ex Parte Young Redux argues that sovereign immunity shouldn't preclude injunctions against states themselves when states themselves block other paths to judicial relief for unconstitutional actions. Final @ssrn.bsky.social 🔗⬇️ papers.ssrn.com/sol3/papers....
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Jonathan Shaub @jshaub.bsky.social · 15/07/2026
It's official! My article on (failed) and potential methods for investigating & holding the White House accountable is in print. shorturl.at/8KuvI Many thanks to @washulawreview.bsky.social for the careful edits & to @jotwell.bsky.social & Margaret Kwoka for the kind review here shorturl.at/xKTx3
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White House Inspection – Washington University Law Review
Attempting to hold the President and White House officials accountable necessarily presents a fundamental conundrum—how to balance essential characteristics such as independence and neutrality with el...
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Fordham Law School @fordhamlawnyc.bsky.social · 16/07/2026
In a Washington University Law Review (@washulawreview.bsky.social) article, Fordham Law Professor Chinmayi Sharma (@chinmayisharma.bsky.social) argues that harmful artificial intelligence should be addressed by professionalizing AI engineering. via The Regulatory Review (@theregreview.bsky.social)
theregreview.org
Regulating AI Companions | The Regulatory Review
Scholars examine how regulators should respond to risks posed by AI companions.
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Washington University Law Review @washulawreview.bsky.social · 10/07/2026
The Washington University Law Review is pleased to publish From Day Cares to City Halls by Ethan Kadet in Volume 103, Issue 5. The piece examines fraud in federal programs and proposes reforms to strengthen oversight. Read: wustllawreview.org/2026/07/10/f...
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From Day Cares to City Halls: Prosecuting Fraud and Reforming Oversight in Federal Programs – Washington University Law Review
State agencies and local nonprofits play a critical role in addressing social problems, by administering federal programs and distributing aid. To uphold the integrity of federal programs, and ensure ...
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Washington University Law Review @washulawreview.bsky.social · 10/07/2026
The Washington University Law Review is pleased to publish Boiler Wrecks, Tainted Meat, and Other Red Flags by Keith Lindsey, Jr. in Volume 103, Issue 5. The piece explores what history can teach us about AI regulation. Read: wustllawreview.org/2026/07/10/b...
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Boiler Wrecks, Tainted Meat, and Other Red Flags: Lessons from the Industrial Revolution for AI Regulation – Washington University Law Review
California’s Senate Bill 1047 (S.B. 1047), known as the Safe and Secure Innovation for Frontier Artificial Intelligence Models Act, represents a significant early legislative effort to regulate advanc...
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Washington University Law Review @washulawreview.bsky.social · 10/07/2026
The Washington University Law Review is pleased to publish Patent Law's (Short-Lived?) Era of Normalcy by Mark A. Lemley in Volume 103, Issue 5. The Article explores whether patent law's era of normalcy may be short-lived. Read: wustllawreview.org/2026/07/04/p...
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Patent Law’s (Short-Lived?) Era of Normalcy – Washington University Law Review
An unusual and surprising thing is happening in patent law of late: very little. The four decades beginning in 1980 saw almost constant turmoil in patent law, with dramatic changes to the statute, a b...
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Washington University Law Review @washulawreview.bsky.social · 10/07/2026
The Washington University Law Review is pleased to publish Ex Parte Young Redux by Katherine Mims Crocker in Volume 103, Issue 5. The Article reexamines Ex parte Young and argues for a limited extension of the doctrine. Read: wustllawreview.org/2026/07/04/e...
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Ex Parte Young Redux – Washington University Law Review
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’ authority to issue inju...
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Washington University Law Review @washulawreview.bsky.social · 10/07/2026
The Washington University Law Review is pleased to publish The Regulatory Paradox of Climate Insurance by Aisha I. Saad in Volume 103, Issue 5. The Article examines homeowners insurance as a form of climate governance. Read: wustllawreview.org/2026/07/04/t...
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The Regulatory Paradox of Climate Insurance – Washington University Law Review
Decades of inadequate federal action on climate change have culminated in a near-total regulatory retreat. Meanwhile, the climate crisis continues to intensify, imposing escalating costs on individual...
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Washington University Law Review @washulawreview.bsky.social · 10/07/2026
The Washington University Law Review is pleased to publish Mass Corporate Governance by Caleb N. Griffin in Volume 103, Issue 5. The Article examines mass corporate governance and proposes a new framework for delegating shareholder voting authority. Read: wustllawreview.org/2026/07/04/m...
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Mass Corporate Governance – Washington University Law Review
Democracy is a compliance cost. At least, that is the modern conception of performative corporate governance. Structurally contingent legal and market characteristics mean that shareholder voting is n...
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Washington University Law Review @washulawreview.bsky.social · 10/07/2026
Volume 103, Issue 5 of the Washington University Law Review begins with White House Inspection by Jonathan David Shaub. The Article proposes a new paradigm for White House investigation by separating the investigatory function from the power to sanction. Read: wustllawreview.org/2026/07/04/w...
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White House Inspection – Washington University Law Review
Attempting to hold the President and White House officials accountable necessarily presents a fundamental conundrum—how to balance essential characteristics such as independence and neutrality with el...
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Washington University Law Review @washulawreview.bsky.social · 08/07/2026
The WashU Law Review is still accepting article and commentary submissions. Our articles team will resume meeting and extending offers in late July, with 5 more article slots and 1 commentary slot remaining this cycle. As always, our Online Edition accepts submissions year-round.
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Submissions – Washington University Law Review
Spring 2026 UpdateThe Law Review has concluded its primary selection cycle for Spring 2026. A number of publication slots remain available, and we expect to fill these over the summer and into the fal...
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Washington University Law Review @washulawreview.bsky.social · 05/05/2026
The Washington University Law Review invites submissions for its 2026 symposium, “The Many Faces of the State.” We welcome proposals examining competing conceptions of the state, including the administrative, carceral, national security, welfare, preventive, and surveillance state. See attached.
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Washington University Law Review @washulawreview.bsky.social · 05/05/2026
Race as Evidence: The Historical Racial Nexus and Equal Protection by Lisa Owens. The article introduces the “Historical Racial Nexus” as a framework for grounding race-conscious policy in documented, state-inflicted harm. Read here: wustllawreview.org/2026/05/05/r...
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Washington University Law Review @washulawreview.bsky.social · 22/04/2026
We are delighted to publish your forthcoming article in the Washington University Law Review. Thank you for sharing this exciting news, and we look forward to bringing your work to our readers soon.
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Washington University Law Review @washulawreview.bsky.social · 22/04/2026
We’re excited to feature this forthcoming piece in the Washington University Law Review and grateful for the engagement it’s already generating. @danielschwarcz.bsky.social’s work makes an important contribution, and we look forward to sharing it with readers soon.
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Washington University Law Review @washulawreview.bsky.social · 27/03/2026
In From Victim to Defendant, Amanda N. Ghibaudo argues that the law too often treats trafficked children as offenders rather than victims. Read here: wustllawreview.org/2026/03/25/f...
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From Victim to Perpetrator: Legal Perspectives on CST
Explore the journey of child sex trafficking victims and the urgent need for legal protections recognizing their trauma and coercion.
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Washington University Law Review @washulawreview.bsky.social · 27/03/2026
In Loosening the Confidentiality Straitjacket, Jaden A. Lanza argues that modern confidentiality agreements can function like non-competes by restricting worker mobility and speech. Read here: wustllawreview.org/2026/03/25/l...
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Loosening Confidentiality: A Path to Worker Empowerment
Explore how recent antitrust actions on non-compete agreements may impact confidentiality laws and employee mobility in the workforce.
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Washington University Law Review @washulawreview.bsky.social · 27/03/2026
In Control Capture and Competition, D. Daniel Sokol & Robert J. Rhee argue that firms can achieve anticompetitive control through contracts, therefore bypassing traditional merger review frameworks. Read here: wustllawreview.org/2026/03/25/c...
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Understanding Control Capture in Antitrust Law for Tech
Explore the emerging issue of control capture in antitrust law and its implications for competition in high-tech industries.
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Washington University Law Review @washulawreview.bsky.social · 27/03/2026
In The Law and Economics of Resilience, Doni Bloomfield & Jeff Gordon explain why firms underinvest in resilience and how legal frameworks can address that gap through doctrines across business law. Read here: wustllawreview.org/2026/03/25/t...
wustllawreview.org
Exploring the Law and Economics of Resilience in Business
Explore the interplay of law and economics in enhancing corporate resilience against supply chain disruptions and external market pressures.
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Washington University Law Review @washulawreview.bsky.social · 27/03/2026
In Deference Realities: Judicial Deference and Litigation Outcomes in the Appellate Review Era, Edward H. Stiglitz uses a massive dataset to test whether deference doctrines actually affect agency success. Read here: wustllawreview.org/2026/03/25/d...
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Judicial Deference: Analyzing Agency Litigation Outcomes
Explore the complex interplay between judicial deference and agency litigation outcomes following the Supreme Court's decision to overturn Chevron.
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Yunsieg P. Kim (김영식) @yunsieg.bsky.social · 18/02/2026
"Incognito Consumer Harm," forthcoming in @washulawreview.bsky.social. What good is a legal system built for visible injuries when injury is designed to be invisible? I identify and theorize consumer-facing harm designed to remain unnoticed by most victims. SSRN: papers.ssrn.com/sol3/papers....
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Jeremy Kress @jeremykress.bsky.social · 05/03/2026
New paper alert! My latest, "Enforcing the Community Reinvestment Act," with Jeff Zhang, is forthcoming in @washulawreview.bsky.social. TL;DR: Using 20 years of data, we find that CRA enforcement does not incentivize banks to invest in low-income communities. papers.ssrn.com/sol3/papers....
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Noah Kazis @noahkazis.bsky.social · 18/03/2026
New paper with Brian Connolly, forthcoming @washulawreview.bsky.social: “Rezoning the Rust Belt.” Contemporary debates about zoning treat it as an issue for high-demand places. Reform is about making NYC and SF affordable, or keeping the Sun Belt affordable. But the Rust Belt needs reform too.
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Washington University Law Review @washulawreview.bsky.social · 27/03/2026
In Theories of University Endowment Taxation, Lauren Libby explores the deeper political and normative stakes behind efforts to tax university endowments. Published in Washington University Law Review Volume 103, Issue 4. Read here: wustllawreview.org/2026/03/25/t...
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Navigating the University Endowment Tax: Insights and Implications
Explore the complex debate around university endowment taxation, its political implications, and proposals for reforming federal tax policy.
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Washington University Law Review @washulawreview.bsky.social · 27/03/2026
In Bypassing Agency Adjudication, Brian M. Lipshutz examines when courts allow parties to bypass agency proceedings and seek judicial review directly. Published in Washington University Law Review Volume 103, Issue 4. Read here: wustllawreview.org/2026/03/25/b...
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Reviving Ultra Vires Review: Bypassing Agency Adjudication
Explore the viability of bypassing agency adjudication to expedite judicial review of non-final executive actions in this insightful article.
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Washington University Law Review @washulawreview.bsky.social · 04/03/2026
The article “Birthright Citizenship of Child Born to Enemy Alien Visitors” by John Vlahoplus & Michael L. Rosin was recently cited in an amicus brief in Trump v. Barbara, now before the U.S. Supreme Court. Read here: wustllawreview.org/2025/08/14/b...
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Birthright Citizenship of Child Born to Enemy Alien Visitors – Washington University Law Review
This is the story of Mogridge v. United States, in which the United States asserted, and a multinational commission held, that a child born in Pennsylvania to enemy alien visitors was a U.S. citizen e...
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Washington University Law Review @washulawreview.bsky.social · 04/03/2026
“Is Dealmaking Going Out of Fashion?” by Beverly Rose Lobo examines the FTC’s challenge to Tapestry’s $8.5B acquisition of Capri—and what the case signals for future M&A activity in the fashion industry. Read here: wustllawreview.org/2026/02/25/i...
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Is Dealmaking Going Out of Fashion? The Impact of the FTC-Tapestry, Inc. Litigation on M&A Activity in the Fashion Industry – Washington University Law Review
Anyone who has watched The Devil Wears Prada remembers the iconic scene where Miranda Priestly, the editor-in-chief of a fashion magazine, disparages Andy, her assistant who doesn’t care about fashion...
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Washington University Law Review @washulawreview.bsky.social · 04/03/2026
“Good Kids, m.A.A.d State” by Danielle S. Williams examines Georgia’s proposal to raise the age of criminal responsibility. She argues that 17-year-olds, including those accused of gang-related crimes, should fall under juvenile court jurisdiction. Read here: wustllawreview.org/2026/02/25/g...
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Good Kids, m.A.A.d State: Effects of Georgia House Bill 462 and Keeping the Age of Criminal Responsibility for Gang-Related Crimes Under Eighteen – Washington University Law Review
Despite decades of proposed legislation and cries for juvenile justice reform, Georgia cannot cross the finish line—it is one of only three U.S. states whose age of criminal responsibility remains sev...
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Washington University Law Review @washulawreview.bsky.social · 04/03/2026
“Havens for Corporate Lawbreaking” by William J. Moon examines how competition for corporate charters can allow companies to incorporate in jurisdictions that limit shareholder oversight and accountability for corporate misconduct. Read here: wustllawreview.org/2026/02/25/h...
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Havens for Corporate Lawbreaking – Washington University Law Review
Whether corporations are obligated to maximize profits or if they ought to consider societal interests more broadly remains one of the most highly contested debates in corporate law. Yet even the fier...
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Washington University Law Review @washulawreview.bsky.social · 04/03/2026
“Havens for Corporate Lawbreaking” by William J. Moon examines how competition for corporate charters can allow companies to incorporate in jurisdictions that limit shareholder oversight and accountability for corporate misconduct. Read here: wustllawreview.org/2026/02/25/h...
wustllawreview.org
Havens for Corporate Lawbreaking – Washington University Law Review
Whether corporations are obligated to maximize profits or if they ought to consider societal interests more broadly remains one of the most highly contested debates in corporate law. Yet even the fier...
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Washington University Law Review @washulawreview.bsky.social · 04/03/2026
“Artificial Intelligence and Aggregate Litigation” by Daniel Wilf-Townsend examines how AI creates harms at massive scale—yet often through individualized conduct—raising new challenges for class actions and collective litigation. Read here: wustllawreview.org/2026/02/25/a...
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Artificial Intelligence and Aggregate Litigation – Washington University Law Review
The era of AI litigation has begun, and a fundamental tension has emerged. AI tools operate at unprecedented scale, creating mass harms that favor collective legal responses. Yet these same tools gene...
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