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...

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...

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...

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...

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...

"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....

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....

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.

I am absolutely thrilled to share that my new article, "Defendant Pinching & Pressing," is now forthcoming in volume 104 of the @washulawreview.bsky.social. Here's a preview; I'll post the full draft soon.

Now on SSRN: The working draft of my newest article, "Defendant Pinching & Pressing," which is forthcoming in the @washulawreview.bsky.social. papers.ssrn.com/sol3/papers.... This is a non-final draft. Comments are very much welcome.

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...

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...

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...

“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...

“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...

“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...

“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...

“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...

“Consumer Agents” by Rory Van Loo argues that consumer law should move beyond regulating the buyer-seller relationship and instead empower third-party tools, like AI assistants and digital intermediaries, to navigate modern markets. Read here: wustllawreview.org/2026/02/25/c...

“Original History and the Free Exercise Case for Religious Charter Schools” by Aaron Tang & Ethan Hutt explores whether the Free Exercise Clause requires public funding for religious charter schools Read here: wustllawreview.org/2026/02/25/o...

“The Surveillance of System-Adjacent Individuals” by Mariam A. Hinds explores how probation and parole monitoring can extend surveillance beyond supervisees to the people around them—raising important Fourth Amendment questions. Read here: wustllawreview.org/2026/02/25/t...

The Washington University Law Review Online is pleased to publish An Overlooked Footnote in Trump v. CASA Ensures That the Debate Over Universal Injunctions Isn’t Over by Harvey Reiter. Read here: wustllawreview.org/2026/02/08/a...

We’re thrilled to congratulate George Mocsary on “The Wrong Level of Generality: Misapplying Bruen to Young-Adult Firearm Rights,” which was spotlighted by Larry Solum on the Legal Theory Blog. legaltheoryblog.com/2026/01/14/m...

The Washington University Law Review Online publishes “Land-Grant Universities” by Michael Banerjee. Read here: wustllawreview.org/2026/01/19/l...

Glad to get this draft article, Ex Parte Young Redux (forthcoming @washulawreview.bsky.social) on @ssrn.bsky.social! I argue that constitutional plaintiffs should be able to sue states themselves for declaratory & injunctive relief in some private-enforcent "bounty" contexts. Abstract here, 🔗 below!

Thanks for highly recommending Ex Parte Young Redux, my forthcoming @washulawreview.bsky.social article, @lsolum.bsky.social! It's available here, and comments are welcome ➡️ papers.ssrn.com/sol3/papers....

The Washington University Law Review Online is pleased to publish “A Stage with Three Kings: EdTech, Sovereignty, and the Future of Transatlantic Data Law” by Qifan Zhang. Read it here: wustllawreview.org/2026/01/12/a...

We are pleased to announce the Volume 104 Editorial Board of the Washington University Law Review. Please join us in congratulating these students as they begin their service.

In our new Online Edition piece, George Mocsary argues that courts are misapplying Bruen by using the wrong level of generality when evaluating young-adult firearm restrictions. Read here: wustllawreview.org/2025/11/26/t...

In "Texas and 'DExits': Can the Texas Business Courts Drive Delaware’s Downfall?" Katherine M. O'Quinn explores whether “Dexits” threaten Delaware, or if Delaware’s own response is the bigger risk. Read here: wustllawreview.org/2025/11/12/t...

The Supreme Court’s standing test—injury, traceability, redressability—rests on shaky historical ground. Author Elliot Mermel proposes Foundational Realism, a framework rooted in first principles to restore trust in judicial impartiality. Read here: wustllawreview.org/2025/11/12/t...

When courts call kids “their children,” who really holds authority—parents or the state? Professor William J. Aceves unpacks the grammar of power in battles over trans rights, abortion, & family autonomy in "Whose Children?" Read here: wustllawreview.org/2025/11/12/w...

E. Garrett West's on Constitutional Private Law—why duties of officials resemble torts & contracts, and how this reframes remedies + accountability. Read here: wustllawreview.org/2025/11/12/c...

In “Notice Pleading’s Quiet Return,” Professor Alexander Reinert argues the Supreme Court has quietly retreated from plausibility pleading,—reviving the spirit of Conley v. Gibson. A must-read for anyone following the evolution of Rule 8. Read here: wustllawreview.org/2025/11/12/n...

In “The Two Tests of Search Law,” Orin S. Kerr revisits Jones and Katz—arguing that Jones is a physical intrusion test, not a trespass rule. His analysis clarifies decades of confusion in Fourth Amendment doctrine. Read it here: wustllawreview.org/2025/11/12/t...

In “Policing Children’s Data,” Nila Bala exposes how law enforcement—and parents—shape the digital privacy of kids. She calls for rethinking consent, coverture, and constitutional protection in the digital age. Read it here: wustllawreview.org/2025/11/12/p...

We’re thrilled to share that Paula A. Monopoli’s article in Volume 102 of Washington University Law Review was “highly recommended” by Professor Larry Solum on his Legal Theory Blog! Please it here: wustllawreview.org/2025/09/02/a...

Professor Jonathan David Shaub’s article was featured in JOTWELL. Professor Margaret Kwoka praised it as a creative and thoughtful solution to challenges in government oversight. We are proud to share in Volume 103! adlaw.jotwell.com/informationa...

The submission portal for Volume 104 of The Washington University Law Review will open on February 1, 2026, at 9:00 AM CT. We look forward to reviewing your manuscripts! wustllawreview.org/submissions/

Last Friday, the WashU Law Review hosted its annual symposium, "Taxing, Spending, and the Constitution." Thank you to our panelists, participants, and especially Prof. Conor Clarke, Eric Kubo, and the Vol. 103 Symposium Committee for making it a success.

In "Personal Jurisdiction and Federalism", Scott Dodson examines how the Supreme Court’s shifting approach to personal jurisdiction reshapes the balance of power between state and federal courts. wustllawreview.org/2025/09/03/p...

What would it take to make public pharma work? In "Drug Dealing: Making Public Pharma Work", Agrawal, Barber, Kapczynski & Pare explore how a public pharma sector could transform access, affordability, and innovation. wustllawreview.org/2025/09/03/d...

In "When is Discrimination Harmful?", Sandra F. Sperino analyzes the Supreme Court’s decision in Muldrow v. City of St. Louis—reshaping how courts define “harm” in workplace discrimination. Big stakes for employees, employers, and future Title VII cases. wustllawreview.org/2025/09/03/w...

Doctors, police, and other professionals face “liability cliffs” as they must make split-second choices where the legally “safe” option can look like a felony. In "Professional Cliff Running", Dov Fox & William Ortman unpack these high-stakes dilemmas. wustllawreview.org/2025/09/03/c...

What would happen if birthright citizenship ended? In "The Consequences of Ending Birthright Citizenship", Jacob Hamburger examines the harms of Trump’s executive order seeking to deny citizenship to children of undocumented parents. Read: wustllawreview.org/2025/09/02/t...

Now live: Washington University Law Review Vol. 103, Issue 1. New scholarship. New ideas. See what’s inside: wustllawreview.org