Current Issue

Linda S. Maslow* In the 1979 inaugural issue of the Michigan Law Review’s annual survey of books related to the law, Professor Cavers wrote an ...

Ertharin Cousin* For fifty years, The Giving Tree, a short illustrated tale revered by adults and loved by children, has provoked outrage and acclaim in ...

Mitchell N. Berman* The world is complex, Richard Posner observes in his most recent book, Reflections on Judging. It follows that, for judges to achieve ...

Frederic Bloom* & Nelson Tebbe** Our Constitution can change. We can amend it, update it, improve it. And so we have—twenty-seven times by one count, ...

Saul Levmore* Rising inequality in the developed world has become a hot topic, especially in the shadow of the Great Recession in the United States. Social ...

Ben A. McJunkin* Dignity is on the march. Once regarded as a subject exclusively within the province of antiquated moral philosophy, dignity—that ...

Bradley A. Areheart* & Michael Ashley Stein** Equal opportunity might appear to comprise a relatively simple question: Do similarly situated persons have ...

Margo Schlanger* Scholarship and popular writing about lawsuits seeking broad social change have been nearly as contentious as the litigation itself. In a ...

Bertrall L. Ross II* In the campaign finance realm, we are in the age of the imperial First Amendment. Over the past nine years, litigants bringing First ...

Ajay K. Mehrotra** April 15 is a day that most Americans dread. That date is, of course, when federal and nearly all state-level individual income tax ...

Jane S. Schacter* One of the least controversial things to say about the U.S. Constitution is that it has proven very difficult to amend. The numbers are ...

Deborah A. Widiss* Not all Supreme Court cases have a midlife crisis. But it is fair to say that Griggs v. Duke Power Co., which recently turned forty, has ...

Ryan Bubb* We are inundated with disclosures in our daily lives. In one of the more evocative passages in their stimulating new book, More Than You Wanted ...

Andrew Koppelman* John Paul Stevens, who retired in 2010 at the age of ninety after more than thirty-four years on the Supreme Court, has capped his ...

Wendy A. Bach* There is something audacious at the heart of Clare Huntington’s Failure to Flourish. She insists that the state exists to ensure that ...

Robert J. Delahunty* & John Yoo** It is sometimes said that biographers cannot help but come to admire, even love, their subjects. And that adage seems to ...

First Impressions

Brian L. Owsley* Electronic surveillance in the digital age is essentially a cat-and-mouse game between governmental agencies that are developing new ...

Chimène I. Keitner* The legal aftermath of the Holocaust continues to unfold in U.S. courts. Most recently, the Seventh Circuit dismissed claims against ...

Daniel E. Herz-Roiphe* Over the past fifteen years, a brutal civil war has claimed more than five million lives in the Democratic Republic of Congo ...

Richard D. Friedman* Jeffrey L. Fisher** Given the pair of Fishers, we’ll use first names. And because we have more to say about George’s essay, ...

Deborah Tuerkheimer* When the Supreme Court transformed the right of confrontation in Crawford v. Washington,[1] the prosecution of domestic violence ...

George Fisher* First a toast—to my colleague Jeff Fisher and his Crawford[1]compatriot, Richard Friedman, on the tenth anniversary of their triumph: What ...

Jeffrey L. Fisher* Imagine a world . . . in which the Supreme Court got it right the first time. That is, imagine that when the Supreme Court first ...

Richard D. Friedman* I want to get Justice Breyer back on the right side of Confrontation Clause issues. In 1999, in Lilly v. Virginia,[1] he wrote a ...

Introduction from the Editors No one disputes the significance of Crawford v. Washington, 541 U.S. 36 (2004), which fundamentally transformed Confrontation ...

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