Table of Contents Articles The Jurisprudence of Uncertainty: Knowledge, Science, and Abortion Mary Ziegler While the outcome of abortion cases seems to depend exclusively on the undue-burden standard, we have mostly missed the linchpin of recent decisions: conclusions about who has the authority to resolve uncertain scientific or moral questions. Using original archival research, this […]
Not to pile on, but for a high visibility organization, the National Collegiate Athletic Association (NCAA) is truly unique in what it continues to get away with. The Association is so bold that it has normalized behavior that was deemed anachronistic centuries ago. 2 As March Madness fades from memory and the NFL draft looms on the horizon, it seems as good a time as any to remind ourselves of the many ways in which the NCAA is based on deeply troubling foundations. Sometimes by focusing on the low hanging fruit we miss some of the more bothersome and egregious injustices of the college system that disproportionately disfavors those who are most talented, poor, and of color.
This Essay argues that the NCAA’s surveillance of the family and enforcement of its rules amount to a sumptuary restraint on the families of talented NCAA athletes. In order to keep its cartel in place, the NCAA must bar not only the athlete but everyone in his family from extracting any value from his talent. Luxury purchases are in effect barred for poor families. This is where the NCAA’s enforcement and investigative arms step in. Disproportionately, the families of black athletes are put on notice that any signs of extravagant consumption (that is, beyond the level they should be able to afford) will lead to investigations and potential suspensions. At the moment when these families should be happiest, they have to worry lest they give off any appearance of living beyond their means. I argue that the NCAA’s rules disproportionately disadvantage poor individuals of color. This underscores the inherently unjust nature of the college sports system and the complicity required to keep it in place.
Table of Contents Articles Democracy, Civil Society, and Public Interest Law Catherine Albiston Public interest law organizations (PILOs) play a significant role in democracy and American society. Historically, they have enabled underrepresented voices to be heard in the political process and have vindicated public values by enforcing civil rights laws. They also have shaped and […]
Table of Contents Articles The Erosion of Civil Rights and What to Do About It Lynn Adelman I want to begin by thanking the law clerks who served Seventh Circuit Judge Thomas E. Fairchild for inviting me to give the annual Fairchild Lecture. It is an honor to give a lecture previously given by such […]
Wisconsin Law Review has named University of Wisconsin Law School student Skylar Croy as Editor-in-Chief for 2018–19. He replaces outgoing Editor-in-Chief Tomás Clasen. The student-run journal publishes six times a year, while the journal’s online version publishes throughout the year. Both the print and electronic journal publish student and professional articles on various local, state, national, […]
Federalism Hedging, Entrenchment, and the Climate Challenge by William W. Buzbee
Economic Analysis of Labor Regulation by Hiba Hafiz
Atlas Nods: The Libertarian Case for a Basic Income by Miranda Perry Fleischer & Daniel Hemel
Not Just a Fantasy: The Real Benefits of Daily Fantasy Sports Legislation for Wisconsin by Brian C. Miller
The Foundations of Constitutional Theory by Andrew Coan
One Person, No Votes: Unopposed Candidate Statutes and the State of Election Law by Noah B. Lindell
Crimmigration-Counterterrorism by Margaret Hu
The Doctor Will See You Now-From 100 Miles Away: Navigating Physician Non-Compete Agreements in the Age of Telemedicine by Greta Mattison Megna
Business, Corruption, and Human Rights: Towards a New Responsibility for Corporations to Combat Corruption by David Hess
The Tragedy of Elephants by Branden D. Jung
Winning the Battle, Losing the War?: Assessing the Impact of Misclassification Litigation on Workers in the Gig Economy by V.B. Dubal
Lewis v. Epic: An Employee Arbitration Odessey by Andrew J. Fabianczyk
I begin with great thanks to the Wisconsin Law Review for the opportunity to be a part of this timely and important conversation about executive power and administrative governance. I have been invited here to share my work on negotiated federalism, which explores the way that good multiscalar governance is often the product of intergovernmental bargaining among decision makers at various levels of government. As I have described in this work, negotiations are sometimes conducted purposefully, in statutorily prescribed ways, and elsewhere more serendipitously or even inadvertently, as a byproduct of the wider political process. The privileged constitutional status of the federal and state governments brings special attention to the negotiations that take place among state and federal actors, but similar dynamics apply in negotiations involving local, regional, national, and international actors. And while all three branches of government participate in different forms of negotiated governance (some more and less obvious), the executive branch features especially prominently in these efforts.
For this symposium, I would like to distill a few important points from my research about the need for negotiated governance and the options for accomplishing it.
Register for the WLR Fall Symposium 2017: Public Interest Mobilization and Access to Justice Movements in the New Democratic State
Wisconsin Law Review Symposium October 27, 2017 Symposium: Public Interest Mobilization and Access to Justice Movements in the New Democratic State WLR is proud to present its 2017 Symposium. Please find the symposium’s schedule below. The Symposium will take place from 8:30 a.m. to 5:00 p.m. at the University of Wisconsin Law School. Please register for the […]