University of Wisconsin–Madison

Category: Legal Publications

Recent UW Law Faculty Scholarship: The Analytical Failures of the U.S. Beef Supply Chain; Corporate Board Gatekeepers; Appendix on Countermajoritarian Legislatures; What We Can Learn from the Literature on Sanctions and Ukraine

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Here is the latest faculty scholarship appearing in the University of Wisconsin Law School Legal Studies Research Papers series found on SSRN. “Dr. Pangloss as an Agricultural Economist: The Analytic Failures of the U.S. Beef Supply Chain: Issues and Challenges” Univ. of Wisconsin Legal Studies Research Paper No. 1741 by PETER CARSTENSEN, UW Law School In June …

Recent UW Law Faculty Scholarship: Ending Manner-of-Death Testimony, a Reexamination of Madison’s Enumerationist Interpretation, Democratic Opportunities Offered by State Institutions, & Pro Se Successes with Distributive Precedents

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Here is the latest faculty scholarship appearing in the University of Wisconsin Law School Legal Studies Research Papers series found on SSRN. “Ending Manner-of-Death Testimony and Other Opinion Determinations of Crime” by KEITH A. FINDLEY (UW Law) and DEAN A. STRANGThis article examines the statutory requirement that medical examiners (MEs) and coroners determine both cause and …

Recent UW Law Faculty Scholarship: The Gravitational Force of Future Decisions, A Commentary on Treanor’s ‘Dishonest Scrivener,’ Gender Favoritism Among Criminal Prosecutors, Compassionate Release & Decarceration, & Innovative Law Courses at UW Law

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Here is the latest faculty scholarship appearing in the University of Wisconsin Law School Legal Studies Research Papers series found on SSRN. “The Gravitational Force of Future Decisions” Forthcoming in Philosophical Foundations of Precedent (Oxford UP) by NINA VARSAVA, UW Law School In this chapter, I [Varsava] take up Dworkin’s account of law as integrity and …

Recent UW Law Faculty Scholarship: America’s Amoral Constitution as Product of Self-contradictions; Rights Jurisprudence from Minority Protection to Minority Power Sharing; Constitutional Change in 2020; Popular Constitution-Making in South America; and U.S. Law School Mission Statements

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Here is the latest faculty scholarship appearing in the University of Wisconsin Law School Legal Studies Research Papers series found on SSRN. “America’s Constitutional Contradictions” 71 American University Law Review Forum 1 (2021) by FRANCISKA COLEMAN, UW Law School In this Response, Coleman suggests that America’s amoral Constitution is not a free-standing original choice but rather …

Recent UW Law Faculty Scholarship: Meaning of the Constitution’s Preamble, Authority of the Constitutional Committee of Style, Territory as a Victim of Armed Conflict, & Plea Bargaining’s Innocence Problem

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Here is the latest faculty scholarship appearing in the University of Wisconsin Law School Legal Studies Research Papers series found on SSRN. Reconsidering the Constitution’s Preamble: the Words that Made Us U.S. by David S. Schwartz, UW Law SchoolThe Preamble to the U.S. Constitution is wrongly dismissed by conventional doctrine as a purely symbolic or stylistic flourish …

Recent UW Law Faculty Scholarship: Gerrylaundering, Indian Legal History, Injustice in the Child Welfare System, and the Development of Comparative Sociology of Law and Critical Legal Studies

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Here is the latest faculty scholarship appearing in the University of Wisconsin Law School Legal Studies Research Papers series found on SSRN. Gerrylaundering by Robert Yablon, UW Law School This Article introduces the concept of “gerrylaundering” to describe mapmakers’ efforts to lock-in their favorable position by preserving key elements of the existing map. Gerrylaundering and gerrymandering …

LSA Statement on US News’ Rejection of Scholarly Impact Metric

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Earlier today, the Law & Society Association has issued a statement on U.S. News’ decision not to proceed with its proposal to add a measure of “scholarly impact” to its law school rankings.  LSA is pleased that the measure will not proceed. The Law & Society Association was concerned with the implications for our members, …

Recent UW Law Faculty Scholarship: The Role of Clinical Education to Advance Social Justice, Absence or Misuse of Statistics as Contributor to Wrongful Convictions, Judges as Common-law Thinkers, Title VII is Not an Anti-Discrimination Law, Comparative Election Administration, and Overseas NGOs, Foundations and Covid in China

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Here is the latest faculty scholarship appearing in the University of Wisconsin Law School Legal Studies Research Papers series found on SSRN. “Lift as ‘The Fourth Moment’ in Wisconsin Clinical Legal Education for Social Justice” 2021 Wisconsin Law Review 417 (2021) by SARAH DAVIS, MARSHA MANSFIELD, MITCH, KELSEY MULLINS, SACHIN GUPTE (UW Law) Legal Interventions for Transforming …

Recent UW Law Faculty Scholarship: Clinical Education at WI, Race-Based Remedies in Criminal Law, the Federalist Constitution, and the NCAA in the Supreme Court

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Here is the latest faculty scholarship appearing in the University of Wisconsin Law School Legal Studies Research Papers series found on SSRN. “Clinics at Wisconsin: Comprehensive, In-Depth Pedagogy and Bottom-Up Innovation” 2021 Wisconsin Law Review 409 (2021) by KEITH A. FINDLEY and LOUISE G. TRUBEK, (UW Law) The University of Wisconsin Law School has been a …

New Book Explores New Legal Realism and Wisconsin’s Law-in-Action Tradition

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From UW Law School News: Wisconsin’s roots in the law-in-action tradition run deep, and the new Research Handbook on Modern Legal Realism could help that philosophy branch out at other law schools. Edward Elgar Publishing approached Beth Mertz, the John and Rylla Bosshard Professor Emerita, to edit the ambitious, 544-page project. She recruited co-editors Heinz Klug, Evjue-Bascom …