Announcements

MLR is now accepting Article submissions for Volume 114 via Scholastica. Click here for submission guidelines.

Introduction from the Editors No one disputes the significance of Crawford v. Washington, 541 U.S. 36 (2004), which fundamentally transformed Confrontation Clause jurisprudence. But ten years after the Supreme ...

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Current Issue

Spencer Gottlieb* Courts have struggled to uniformly classify software as a good or a service and have consequently failed to apply a consistent body of ...

Andrew C. Sand* The Supreme Court has held that a plaintiff can have Article III standing based on a fear of future harm, or fear-based injury. The ...

Peter DiCola* Control over property is valuable in and of itself. Scholars have not fully recognized or explored that straightforward premise, which has ...

Avlana K. Eisenberg* This Article identifies and critiques a trend to criminalize the infliction of emotional harm independent of any physical injury or ...

First Impressions

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 ...