Category: Law Rev Contents


Vanderbilt Law Review, Volume 66, Number 4 (May 2013)

Vanderbilt Law Review, Volume 66, Number 4 (May 2013).

The Vanderbilt Law Review is pleased to announce the publication of our May 2013 issue.
Congratulations to the class of 2013 and a special thank you to the outgoing editorial board for a great year!



Sean J. Griffith & Alexandra D. Lahav, The Market for Preclusion in Merger Litigation, 66 Vand. L. Rev. 1053 (2013).

Adam J. Kolber, Against Proportional Punishment, 66 Vand. L. Rev. 1141 (2013).

D. Theodore Rave, Governing the Anticommons in Aggregate Litigation, 66 Vand. L. Rev. 1183 (2013).



Amy E. Sanders, A Gap in the Affordable Care Act: Will Tax Credits Be Available for Insurance Purchased Through Federal Exchanges?, 66 Vand. L. Rev. 1259 (2013).

Andrew Tunnard, Not-So-Sweet Sixteen: When Minor Convictions Have Major Consequences Under Career Offender Guidelines, 66 Vand. L. Rev. 1309 (2013).


Are you interested in writing a response to one of these pieces? Visit Vanderbilt Law Review En Banc for more details.


Vanderbilt Law Review, Volume 66, Number 3 (April 2013)

Vanderbilt Law Review, Volume 66, Number 3 (April 2013).

The Vanderbilt Law Review is pleased to announce the publication of our April 2013 issue.



Daniel Abebe & Aziz Z. Huq, Foreign Affairs Federalism: A Revisionist Approach, 66 Vand. L. Rev. 723 (2013).

Kent Barnett, Resolving the ALJ Quandary, 66 Vand. L. Rev. 797 (2013).

Anna di Robilant, Property: A Bundle of Sticks or a Tree?, 66 Vand. L. Rev. 869 (2013).



Wesley C. Jackson, Life on Streets and Trails: Fourth Amendment Rights for the Homeless and Homeward Bound, 66 Vand. L. Rev. 933 (2013).

Benjamin J. McMichael, Constitutional Limitations on Punitive Damages: Ambiguous Effects and Inconsistent Justifications, 66 Vand. L. Rev. 961 (2013).

Emilie Winckel, Hardly a Black-and-White Matter: Analyzing the Validity and Protection of Single-Color Trademarks Within the Fashion Industry, 66 Vand. L. Rev. 1015 (2013).


Are you interested in writing a response to one of these pieces? Visit Vanderbilt Law Review En Banc for more details.


Cardozo Law Review, China Re-Rising

Symposium on China’s Transition from Manufacturing to Innovation Economy Hosted by Cardozo Law Review’s Online Journal

NEW YORK, NY, April 29, 2013 — All eyes are on China in the twenty-first century, as it emerges as one of the fastest growing economies in the world. At the same time, losses in various industries are attributed to piracy—a substantial amount of which is alleged to occur within China’s borders—and the Chinese government is routinely criticized for its weak enforcement measures against counterfeiting activities and intellectual property infringement on its soil.Cardozo Law Review de•novo’s online symposium, “China Re-Rising?: Innovation and Collaboration for a Successful Twenty-First Century” focuses  on China’s overall transition from a manufacturing to an innovation economy and how this transition affects IP policies and industries around the world.

The online symposium – located at – features articles from practitioners, industry corporate counsel, professors, and Chinese IP law specialists. Esteemed participants include Chen Wang, the Deputy Chief IP Counsel of E.I. du Pont de Nemours Company; Jonathan Sallet, a Partner at O’Melveny & Myers LLP; and Professor Peter Yu, the Kern Family Chair in Intellectual Property Law and Director of the Intellectual Property Law Center at Drake University Law School.

About the Articles:

Professor Yu discusses the slowly-begun change in discourse around China’s intellectual property system, particularly in the field of patents. He presents the reader with five key questions on the state of Chinese intellectual property law and policy. His answers suggest that the future of China’s intellectual property system is dualistic and dynamic—while massive piracy and counterfeiting does continue, this ongoing issue is balanced by China’s rise as a patent power.

Professors Murphy and Orcutt discuss China’s patent subsidy program—an aspect of China’s national innovation strategy that aims to increase domestic patents and innovation through government subsidies to pay for domestic inventors’ legal costs associated with obtaining patents. Noting that the program has been criticized for failing to fund truly valuable or innovative patents, the Authors propose a unique two-stage, three-dimensional relative value technique for the Chinese government to implement in evaluating whether to fund a given patent application through the subsidy program.

Ms. Wang and Mr. Sallet in turn criticize the Chinese government’s metric-based approach to innovation. They posit that China’s emphasis on numerical goals to domestic patenting actually hampers Chinese innovation by directing resources away from research and the development of truly valuable inventions. The Authors further discuss how China’s metric-based approach frustrates the ability of multi-national corporations to collaborate effectively with Chinese companies. They conclude by identifying steps the Chinese government can take to increase local innovation through effective international collaboration.

Professor Shao calls for a holistic perspective of the Chinese innovation economy, law, and policies. His Article offers a historical and cultural perspective that aims to make a holistic approach possible for Western scholars and practitioners, who lack the knowledge of Chinese history and culture necessary to understand the context of China’s current policies. He concludes by proposing that innovation still can, and should, be the bridge to China’s successful economic transition.

Professors Murphree and Breznitz discuss China’s innovation strategy through the lens of its failed attempts to develop globally successful technology standards. The Authors attribute these failures to fragmented production and structured uncertainty implicit in the Chinese domestic market. Despite these failures, the Authors acknowledge that Chinese companies’ participation in even failed attempts does produce tangible benefits, like receiving lower royalty rates on goods they produced.

View the online symposium at


University of Toronto Law Journal – Volume 63, Number 2, Spring 2013


University of Toronto Law Journal – Volume 63, Number 2, Spring 2013

Opinion Writing and Authorship on The Supreme Court Of Canada
Kelly Bodwin, Jeffrey S Rosenthal, Albert H Yoon

Focus Feature: Criminal Jurisdiction: Comparison, History, Theory
This focus feature hopes to start a fresh conversation about criminal jurisdiction, in domestic and international law, informed by comparative, historical and theoretical perspectives. Jurisdiction is a fantastically rich subject that receives either too little or too much attention: too little attention as a way to get at basic questions about the nature of power, sovereignty, punishment, community and too much attention as a doctrinal or administrative matter of curial coordination.

Markus D Dubber

Extraterritorial Jurisdiction to Enforce In Cyberspace? Bodin, Schmitt, Grotius in Cyberspace
Mireille Hildebrandt

Territorial Jurisdiction and Criminalization
Lindsay Farmer

Criminal Jurisdiction And Conceptions Of Penality In Comparative Perspective
Markus D Dubber

Authority to Proscribe and Punish International Crimes
Guyora Binder

The End of the Road to Serfdom?

David Dyzenhaus

Relational Autonomy and Individuality
Marilyn Friedman

Is Eating People Wrong: Great Legal Cases and How They Shaped the World
Jim Phillips

Full text of the University of Toronto Law Journal is available online at UTLJ Online, Project MUSE, JSTOR, HeinOnline, Westlaw, Westlaw-CARSWELL, LexisNexis and Quicklaw.



Cardozo Law Review, Vol. 34, Issue 4


Charter Schools, the Establishment Clause, and the Neoliberal Turn in Public Education 
Aaron Saiger 1163

Challenging the Death Penalty with Statistics: Furman, McCleskey, and a Single County Case Study
Steven F. Shatz & Terry Dalton 1227

The Irony of a Faustian Bargain: A Reconsideration of the Supreme Court’s 1953 United States v. Reynolds Decision
David Rudenstine 1283

Undercover Policing, Overstated Culpability 
Eda Katharine Tinto 1401

Municipal Securities: The Crisis of State and Local Government Indebtedness, Systemic Costs of Low Default Rates, and Opportunities for Reform
Christine Sgarlata Chung 1455


“That’s the Guy!”: Federal Rule of Evidence 801(d)(1)(C) and Out-of-Court Statements of Identification 
Gilbert M. Rein 1539

“Every Move That She Makes”: Copyright Protection for Stage Directions and the Fictional Character Standard
Deana S. Stein 1571

Quasi-Judicial Prosecutors and Post-Conviction Claims of Innocence: Granting Recusals to  Make Impartiality a Reality
Rachel Pecker 1609


For more information on responding to any of these articles on Cardozo Law Review’s online companion, Cardozo Law Review de•novo, please visit us here.


Hastings Law Journal, Issue 64.2 (January 2013)

Hastings Law Journal, Issue 64.2 (January 2013)

Plausibility and Disparate Impact
Joseph A. Seiner

Safe Harbors and the National Information Infrastructure
Nicholas W. Bramble

The Rhetoric of Choice: Restoring Healthcare to the Abortion Right
Yvonne Lindgren

Mass Incarceration at Sentencing
Anne R. Traum

The Death of the Public Figure Doctrine: How the Internet and the Westboro Baptist Church Spawned a Killer
Douglas B. McKechnie


Familial DNA Testing, House Bill 3361, and the Need for Federal Oversight
Dane C. Barca

Chance of Rain: Rethinking Circumstantial Evidence Jury Instructions
Eugenee M. Heeter

Hastings Law Journal Voir Dire

The Hastings Law Journal’s online companion, Voir Dire, is now accepting submissions.


Cardozo Law Review, Vol. 34, Issue 3

Constitutionalism, Ancient and Modern

“Keep the Public Rich, but the Citizens Poor”: Economic and Political Inequality in Constitutions, Ancient and Modern
John P. McCormick 879

Precautionary Constitutionalism in Ancient Athens
Adriaan Lanni & Adrian Vermeule 893

The Origins and Import of Republican Constitutionalism
Clifford Ando 917

Lifeless Writings or Living Script?:  The Life of Law in Plato, Middle Platonism, and Jewish Platonizers
Melissa S. Lane  937

Tyrant-Killing Legislation and the Political Foundation of Ancient Greek Democracy
David A. Teegarden 965

Job’s Justice
Arthur J. Jacobson 983

Classifying Constitutions: Preliminary Conceptual Analysis
Pasquale Pasquino 999

Constitutionalism Ancient and Early Modern: The Contributions of Roman Law, Canon Law, and English Common Law
Janelle Greenberg & Michael J. Sechler 1021

Was the Graphe Paranomon a Form of Judicial Review?
Melissa Schwartzberg 1049

Roman Roots for an Imperial Presidency: Revisiting Clinton Rossiter’s 1948 Constitutional Dictatorship: Crisis Government in the Modern Democracies
David Rudenstine 1063

Early Modern Absolutism and Constitutionalism
Kinch Hoekstra 1079


Why Can’t We Be Friends?:
How Far Can the State Go in Restricting Social Networking Communications Between Secondary School Teachers and Their Students?

Elise Rosen Puzio 1099

Grossly Overbroad: The Unnecessary Conflict  over Mixed Motives Claims in Title VII Anti-Retaliation Cases Resulting from Gross v. FBL Financial Services
Robert Tananbaum 1129


Hastings Law Journal, Issue 63.6 (August 2012)

Hastings Law Journal, Issue 63.6 (August 2012) The Symposium Issue: Law & Policy of the Developing Brain: Neuroscience from Womb to Death

Bridging Developmental Neuroscience and the Law: Child-Caregiver Relationships
Ross A. Thompson

The Relevance of Immaturities in the Juvenile Brain to Culpability and Rehabilitation
Beatriz Luna

Developmental Neuroscience, Children’s Relationships with Primary Caregivers, and Child Protection Policy Reform
Lois A. Weithorn

The Neurobiology of Attachment to Nurturing and Abusive Caregivers
Regina M. Sullivan, Ph.D.

Creating a Clearinghouse to Evaluate Environmental Risks to Fetal Development
Kate E. Bloch

Fetal Risks of Environmental Chemicals: The Motherisk Approach to the Organic Mercury Fish Consumption Scare
Zahra Jahedmotlage, Kathie Schoeman, John Bend, & Gideon Koren

Poor Women and the Protective State
Khiara M. Bridges


The Government Can Read Your Mind: Can the Constitution Stop It?
Mara Boundy

Corporate Codes of Conduct: Binding Contract or Ideal Publicity?
Haley Revak

Hastings Law Journal Voir Dire

The Hastings Law Journal’s online companion, Voir Dire, is now accepting submissions.

Recent Essays:
The Long-Awaited Nationwide Mortgage Settlement:
Only a Small Step Forward in the Struggle for Accountability in the Financial Crisis

Julia Mas-Guindal


University of Toronto Law Journal – Volume 63, Number 1, Winter 2013

University of Toronto Law Journal – Volume 63, Number 1, Winter 2013

Focus Feature: Foxes, Seals, Whales and the Rule of Capture: Animals in the Law and Legal History
The common-law rule on the capture of wild animals is often cited by law and economics scholars to demonstrate the superiority of clear rules over vague or “fuzzy” standards. In countless property law courses, the famous fox hunt case, Pierson v. Post (1805), is used to support the “catch it and kill it if you can” view of property: mere pursuit of a wild animal is insufficient to establish possession. Where “hot pursuit” might have been sufficient according to the sportsman’s custom, escape was always possible, and the law preferred certainty. In this forthcoming focus feature edited by Angela Fernandez (Law, University of Toronto), four scholars spanning law and history challenge this rules v. standards approach to the rule of capture, demonstrating that, understood historically, the situation is much more complicated and interesting – which wild animal, which type of hunting, in what period all turn out to be important. 

Editor’s Note
Angela Fernandez

Animals Accurs’d: Ferae Naturae And The Law Of Property In Nineteenth-Century North America
Christopher Tomlins

The Law Of Capture, Newfoundland-Style
Bruce Ziff

The Judicial Invention Of Property Norms: Ellickson’s Whalemen Revisited
Robert Deal

Fuzzy Rules and Clear Enough Standards: The Uses and Abuses of Pierson V Post
Angela Fernandez

The Entitlements of Unallied Hunters After aSequential Capture
Robert C Ellickson


Inside Property
Hanoch Dagan

Pluralism, Context, and The Internal Life Of Property: A Response To Hanoch Dagan
Lisa M Austin


Law Versus Politics
Rachel E Barkow


Philosophy Of Criminal Law: Selected Essays
Andrew Botterell

Full text of the University of Toronto Law Journal is available online at UTLJ Online, Project Muse, JSTOR, HeinOnline, Westlaw, Westlaw-CARSWELL, LexisNexis and Quicklaw.


Florida Law Review, 64:6 (December 2012)

Florida Law Review Banner

December 2012 | Volume 64, Number 6 


Martin H. Redish & Matthew B. Arnould, Judicial Review, Constitutional Interpretation, and the Democratic Dilemma: Proposing a “Controlled Activism” Alternative

Erwin Chemerinsky, The Elusive Quest for Value Neutral Judging: A Response to Redish and Arnould

Gary Lawson, No History, No Certainty, No Legitimacy . . . No Problem: Originalism and the Limits of Legal Theory

Sergio J. Campos, Erie as a Choice of Enforcement Defaults

George W. Dent, Jr., Corporate Governance: The Sweedish Solution

Ben Trachtenberg, Confronting Coventurers: Coconspirator Hearsay, Sir Walter Raleigh, and the Sixth Amendment Confrontation Clause

Derek W. Black, Civil Rights, Charter Schools, and Lessons to be Learned


Nicole Kuncl, Seeing Red: The Legal Backlash Against Red-Light Cameras in Florida

Lauren Rehm, A Proposal for Settling the Interpretation of Florida’s Proposals for Settlement