The Commentaries series is a special section of the Washington University Law Review featuring original analysis and debate by members of the legal academy, bench, and bar. Commentaries are concise scholarly pieces that are able to cover contemporary issues much more quickly than articles. After a quick but thorough editing process, each Commentary selected for publication will appear on the Commentaries website.
For more information about Commentaries, including a history of previous titles, visit http://law.wustl.edu/WashULaw/lawreview/about-the-publication/#historycomm.
For submissions information, visit http://law.wustl.edu/WashULaw/lawreview/submissions/
Submissions from 2016
Bill Cosby, the Lustful Disposition Exception, and the Doctrine of Chances, Wesley M. Oliver
Gay Marriage and the Problem of Property, Andrea B. Carroll and Christopher K. Odinet
The Right to a Public Trial and Closing the Courtroom to Disruptive Spectators, Stephen E. Smith
Submissions from 2015
Young v. United Parcel Service, Inc.: McDonnell Douglas to the Rescue?, William R. Corbett
A Taxonomy of Discretion: Refining the Legality Debate About Obama's Executive Actions On Immigration, Michael Kagan
Epilogue: Moral Panics and Body Cameras, Howard M. Wasserman
Submissions from 2014
Moral Panics and Body Cameras, Howard M. Wasserman
Hobby Lobby and the Zero-Sum Game, Kathryn Kovacs
Submissions from 2013
Legislative Oversight of a Bill of Rights: A Way to Rectify Judicial Activism, Duane L. Ostler
The Role of the Judge in Non-Class Settlements, Howard M. Erichson
Managerial Judging and Substantive Law, Tobias Barrington Wolff
Submissions from 2012
A Due Process Right to Record the Police, Glenn Harlan Reynolds and John A. Steakley
Sell’s Conundrums: The Right of Incompetent Defendants to Refuse Anti-Psychotic Medication, Christopher Slobogin
Like Deck Chairs on the Titanic: Why Spectrum Reallocation Won't Avert the Coming Data Crunch but Technology Might Keep the Wireless Industry Afloat, Brian J. Love, David J. Love, and James V. Krogmeier
Considering Lesbian, Gay, Transgender, and Bisexual Nominees for the Federal Courts, Carl Tobias
To Swear or Not to Swear: Using Foul Language During a Supreme Court Oral Argument, Alan E. Garfield
Bridging the Great Divide—A Response to Linda Greenhouse and Reva B. Siegel's Before (and After) Roe v. Wade: New Questions About Backlash, Lolita Buckner Inniss
Submissions from 2011
Toward a Reality-Based Constitutional Theory, Andrew Coan
Executive Weapons to Combat Infection of the Art Market, Jennifer Anglim Kreder
Constitutional Rights and Judicial Independence: Lessons from Iowa, Ian Bartrum
How the U.S. Government's Market Activities Can Bolster Mobile Banking Abroad, Colin C. Richard
Submissions from 2010
What Elena Kagan Could Have and Should Have Said (and Still Have Been Confirmed), Eric J. Segall
Elena Kagan Can't Say That: The Sorry State of Public Discourse Regarding Constitutional Interpretation, Neil J. Kinkopf
A Reply to Elena Kagan Can't Say That: The Sorry State of Public Discourse Regarding Constitutional Interpretation, Eric J. Segall
Justice Souter and the Civil Rules, Scott Dodson
A Proposed Fat-Tail Risk Metric: Disclosures, Derivatives, and the Measurement of Financial Risk, Peter Conti-Brown
Diversity and the Federal Bench, Carl Tobias
The Case for Employee Referenda on Transformative Transactions As Shareholder Proposals, Matthew T. Bodie
Closing the Legislative Experience Gap: How a Legislative Law Clerk Program Will Benefit the Legal Profession and Congress, Dakota S. Rudesill
Submissions from 2009
Bailouts, Bonuses, and the Return of Unjust Gains, Tracy A. Thomas
A Challenge to Sustainable Governments?, Keith H. Hirokawa