Northwestern University Law Review is a student-operated journal that publishes high-quality legal scholarship in print and online. Retweet = thought provoking.
Chicago, IL
Joined April 2013
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NULR is thrilled to publish Volume 121.2, the second issue of Volume 121! We’ll share more about the pieces over the coming days. However, we’re excited to post them here in case you can’t wait to read them. The full issue is available here: northwesternlawreview.org/is…
Our symposium, Equitable Traditionalism and Constitutional Law, is this Friday, October 23, at @NorthwesternLaw! Please join us for our keynote presentation, a conversation with The Honorable Stephanos Bibas (3rd Cir.) and Dean @zclopton! Register: forms.cloud.microsoft/r/cTx2…
Please join us on Friday, October 23, at @NorthwesternLaw for Implications for Administrative Law, one of the panels in our annual symposium, Equitable Traditionalism and Constitutional Law, partnered with @TAMULawSchool. Register Here: forms.cloud.microsoft/r/cTx2…
Please join us on Friday, October 23, at @NorthwesternLaw for Reexamining Ex parte Young, one of the panels in our annual symposium, Equitable Traditionalism and Constitutional Law, partnered with @TAMULawSchool. Register Here: forms.cloud.microsoft/r/cTx2…
In “Fake News from Fake Dudes,” Jay Kennedy (@NorthwesternLaw JD ’27) argues political deepfakes particularly threaten local officials who lack resources for effective counterspeech, and that every state should prohibit deepfakes of public officials. (1/2).
Kennedy argues a deepfake statute can survive strict scrutiny if it targets the medium, not falsity; defines its scope precisely; exempts reasonably disclaimed content; avoids time limits; and provides injunctive relief and criminal penalties. (2/2).
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In “Whose Burden Is It, Anyway?,” Curtis Valencia (@NorthwesternLaw JD ’27) examines the circuit split over who bears the burden of proof on a Rule 12(b)(3) motion to dismiss for improper venue, arguing the majority approach rests on a doctrinal error. (1/2).
Valencia traces venue objections to common-law dilatory pleas in abatement, which placed the burden on the movant. He argues the movant should likewise bear the burden of proving improper venue under Rule 12(b)(3). (2/2).
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In “Arbitration in Name Only,” Prof. @MyriamGilles10 (@NorthwesternLaw) argues that clauses lacking structural neutrality, procedural minimalism, and mutual obligation are not genuine arbitration agreements and fall outside the Federal Arbitration Act’s (FAA) protection. (1/2).
Gilles urges courts to ask at the threshold whether an arbitration clause actually constitutes an agreement to arbitrate. The FAA’s pro-arbitration presumption should only apply if the contract provides for more than arbitration in name only. (2/2).
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In “Originalism’s General-Law Turn,” Profs. @NinaVarsava (@WisconsinLaw) & @BWatson_theory (@UIllinoisLaw) argue that general law depended on morality, so identifying constitutional law grounded in general law requires applied moral reasoning. (1/2).
Exploring implications for originalism, Varsava & Watson argue that insofar as constitutional law consists of general law, rights are fixed only as moral principles are fixed. They conclude adjudication should center on moral reasoning. (2/2).
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In “Reckless Accomplices,” Prof. @BenMcJunkin (@ASUCollegeOfLaw) critiques homicide charges against parents of teenaged school shooters, arguing prosecutors and judges distort criminal causation by substituting tort-like foreseeability for the superseding-cause rule. (1/2).
McJunkin proposes a standalone “reckless accomplice” offense for those aware of a substantial, unjustifiable risk their conduct will materially facilitate another’s crime. (2/2).
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Please join us on Friday, October 23, at @NorthwesternLaw for The Shifting Shadow Docket, one of the panels in our annual symposium, Equitable Traditionalism and Constitutional Law, partnered with @TAMULawSchool. Register Here: forms.cloud.microsoft/pages/…
NULRO is excited to publish a new Essay! In “‘How Do I Design My Law Course?’: A Quick Guide for New Professors,” Prof. @LawProfKoh (@BU_Law) offers guidance to new law professors on the key decisions involved in putting together a law school course. (1/2).
Koh discusses the various choices with which new professors are confronted: casebooks, cold calls, exam formats, style, and more. Nevertheless, he advises professors to aim for stability, predictability, coverage, and authenticity. (2/2).
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The Northwestern University Law Review is currently accepting proposals for its Fall 2027 Symposium to be held at @NorthwesternLaw in Chicago, Illinois. For submission requirements and selection criteria, please visit: northwesternlawreview.org/sy…
Please join us for our annual symposium, Equitable Traditionalism and Constitutional Law, in partnership with @TAMULawSchool's Center on the Structural Constitution on Friday, October 23, at @NorthwesternLaw. Illinois CLE credit pending. Register here: forms.cloud.microsoft/r/cTx2…
In “State Greenhouse Gas Emissions Disclosure Laws and the Dormant Commerce Clause,” Matthew MacPhail (@NorthwesternLaw JD ’26) examines how state emissions-disclosure mandates can withstand dormant Commerce Clause challenges amid risks of corporate climate deception. (1/2).
MacPhail argues federal courts are unlikely to accept climate harm as a legitimate local interest under Pike. The Note instead relies on established consumer-protection interests and limits disclosure laws to companies making climate-related claims. (2/2).
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