American University Law Review

American University Law Review The American University Law Review is the oldest and largest student-run publication at American University, Washington College of Law.
The American University Law Review is the oldest and largest student-run publication at American University, Washington College of Law. The Law Review receives approximately 2,500 submissions from outside authors each year and publishes articles from professors, judges, practicing lawyers, and renowned legal thinkers. The Law Review has published articles and commentary by Supreme Court Chief Justices Warren Burger, William Rehnquist, and Earl Warren, and Associate Justices Hugo Black, Ruth Bader Ginsburg, and Arthur Goldberg. The Law Review has also published articles or commentary by prominent legal figures such as Stephen Bright, Paul Butler, Erwin Chemerinsky, Tom Goldstein, Paul Kamenar, Judge Paul Michel, Judge Stephen Reinhardt, Nadine Strossen, and Laurence Tribe. The American University Law Review publishes six bimonthly issues per year. It is the only journal in the nation to publish an annual issue dedicated to decisions of the Court of Appeals for the Federal Circuit regarding patent law, international trade, government contracts, and trademark law. According to the Washington and Lee University Law Library journal rankings, the American University Law Review is among the top 40 general law reviews in the nation. A member of the National Conference of International Law Journals, the American University Law Review is also indexed in LEXIS, Westlaw, the Index to Legal Periodicals, and the Resource Index/Current Law Index. Each American University Law Review edition is distributed nationally and abroad to law school libraries, private law firms, public legal organizations, and individual subscribers.

Operating as usual

The American University Law Review is excited and proud to formally launch our Federal Circuit Symposium as a virtual se...
08/31/2020

The American University Law Review is excited and proud to formally launch our Federal Circuit Symposium as a virtual series this October! In celebration of the Symposium’s 35th anniversary and in credence to the ongoing global pandemic, the Law Review will host this year’s symposium as a weekly lunchtime event each Friday this October, gathering scholars, practitioners, and industry leaders in Veterans law, intellectual property, government contracts law, and international trade law for exciting, dynamic events. We are so excited these “Federal Circuit Fridays” will provide ample opportunity for scholars to join us in one virtual room, broadening our access and expanding our reach and that of our participants. Check out our exciting schedule of events, and save the date on your calendars!

Waking up to some great citations to the Law Review! A magistrate judge for the Northern District of Illinois cited to V...
08/25/2020

Waking up to some great citations to the Law Review! A magistrate judge for the Northern District of Illinois cited to Volume 69 Note and Comment Editor Daniel de Zayas's Comment, "Carpenter v. United States and the Emerging Expectation of Privacy in Data Comprehensiveness Applied to Browsing History," in an opinion adjudicating a contested search of information stored at premises controlled by Google. Congratulations, Daniel, on this richly-deserved recognition! You can read his comment on our website here: http://www.aulawreview.org/carpenter-v-united-states-and-the-emerging-expectation-of-privacy-in-data-comprehensiveness-applied-to-browsing-history/

Additionally, the Supreme Court of Montana extensively quoted Volume 47 of the Law Review in Vote Solar v. Montana Department of Public Service Regulation, which resolved litigation surrounding Montana's reduction of standard contract rates for solar qualifying facilities. The court pointed to John Burritt McArthur's "Cost Responsibility or Regulatory Indulgence for Electricity's Stranded Costs?" as first-identifying the trend prompting the litigation at bar. Another wonderful example of the Law Review's dedication to novel work!

Our final pieces from 69.6 are now LIVE on the Law Review website! Check out these fabulous student comments from Volume...
08/21/2020

Our final pieces from 69.6 are now LIVE on the Law Review website! Check out these fabulous student comments from Volume 70 Senior Staffer John LaMonaca and Note and Comment Editor Sarah Reichenbach!

John's Comment, "A Break from Reality: Modernizing Authentication Standards for Digital Video Evidence in the Era of Deepfakes," examines the growing proliferation of "deepfakes" and the issues they pose for evidentiary standards promulgated under the Federal Rules of Evidence. Check out this timely piece here: http://www.aulawreview.org/a-break-from-reality-modernizing-authentication-standards-for-digital-video-evidence-in-the-era-of-deepfakes/

Sarah's Comment, "CVE and Constitutionality in the Twin Cities: How Countering Violent Extremism Threatens the Equal Protection Rights of American Muslims in Minneapolis-St. Paul," examines the constitutionality of Countering Violent Extremism (CVE) programs in the United States (and, specifically, CVE programs in Minneapolis-St. Paul), and how these programs infringe on the Equal Protection rights of American Muslims. Check out this critical piece here: http://www.aulawreview.org/cve-and-constitutionality-in-the-twin-cities-how-countering-violent-extremism-threatens-the-equal-protection-rights-of-american-muslims-in-minneapolis-st-paul/

A major thanks to all of our authors for their important scholarship, and congratulations to all for a fantastic issue!

Print pieces from Volume 69.6 are going LIVE on the Law Review website! Check out the following fabulous articles and co...
08/20/2020

Print pieces from Volume 69.6 are going LIVE on the Law Review website! Check out the following fabulous articles and comments, and thank you to ALL our scholars for their impressive work!

- University of California, Irvine School of Law Prof. Christopher Leslie's "The Decline and Fall of Circumstantial Evidence in Antitrust Law" examines federal courts' increasing minimization of circumstantial evidence in examining price-fixing claims. Check it out here: http://www.aulawreview.org/the-decline-and-fall-of-circumstantial-evidence-in-antitrust-law/

- Chicago-Kent College of Law Prof. Sungjoon Cho and University of Iowa College of Law Prof. César Rosado Marzán's "Labor, Trade, and Populism: How ILO-WTO Collaboration Can Save the Global Economic Order" suggests a novel International Labor Organization convention guiding lead firm liability and mass layoffs. Check it out here: http://www.aulawreview.org/labor-trade-and-populism-how-ilo-wto-collaboration-can-save-the-global-economic-order/

- University of Louisville Brandeis School of Law Prof. Ariana Levinson, Florida State University College of Law Dean Erin O'Hara O'Connor, and Vanderbilt Law Professor Paige Skiba co-authored "Predictability of Arbitrators’ Reliance on External Authority?" This fascinating piece examines recent trends in labor arbitration awards, analyzing arbitrators' citations to counter existing narratives in that space. Check it out here: http://www.aulawreview.org/predictability-of-arbitrators-reliance-on-external-authority/

- Finally, Volume 70 Note and Comment Editor Ari K. Bental's timely Comment "Judge, Jury, and Executioner: Why Private Parties Have Standing to Challenge an Executive Order that Prohibits ICTS Transactions with Foreign Adversaries" is now LIVE on the website! Ari's Comment examines Executive Order 13873, arguing affected parties retain Article III standing to challenge it despite contained language to the contrary. This issue has taken on new weight given recent executive action against Chinese social media company TikTok, with related EOs extensively citing 13873 as a basis for authority. Check it out here: http://www.aulawreview.org/judge-jury-and-executioner-why-private-parties-have-standing-to-challenge-an-executive-order-that-prohibits-icts-transactions-with-foreign-adversaries/

LIVE on the Law Review website: The newest pieces for the Volume 69.6 Forum! The Law Review is honored to publish SMU La...
08/13/2020

LIVE on the Law Review website: The newest pieces for the Volume 69.6 Forum!

The Law Review is honored to publish SMU Law Dean Lolita Buckner Inniss’s response to Profs. Taja-Nia Henderson and Jamila Jefferson-Jones’s article for Volume 69.3, "#LivingWhileBlack: Blackness as Nuisance." Dean Buckner Inniss explored further recent use of nuisance claims against Black people in public spaces, tying these incidents to a broader phenomenon of societal surveillance. Check it out here: http://www.aulawreview.org/race-space-and-surveillance-a-response-to-livingwhileblack-blackness-as-nuisance/

Also LIVE on the website: Volume 70 Executive Editor Madeleine Dolan's Comment, "The First Step Act’s Misstep: Why the First Step Act Violates Prisoners’ Rights to Equal Protection." This timely, insightful piece examines the First Step Act’s failure to comport with equal protection principles for similarly-situated criminal offenders. Check it out here: http://www.aulawreview.org/the-first-step-acts-misstep-why-the-first-step-act-violates-prisoners-rights-to-equal-protection/

Congratulations to all our authors, and endless gratitude for their important scholarship!

Introducing the final masthead for Volume 70 of the American University Law Review! We are so looking forward to another...
08/05/2020

Introducing the final masthead for Volume 70 of the American University Law Review! We are so looking forward to another wonderful year with this fantastic team.

Please join us in congratulating the newest junior staff members of the American University Law Review!
08/03/2020

Please join us in congratulating the newest junior staff members of the American University Law Review!

AULR is proud to announce recently-adopted amendments to our internal convention guide, the Purple Book, to continue our...
07/28/2020

AULR is proud to announce recently-adopted amendments to our internal convention guide, the Purple Book, to continue our work prioritizing an inclusive environment that recognizes the benefits of diversity in our membership and scholarship. Starting with Volume 69.6, AULR will capitalize the term “Black” when used in reference to the community of people connected by race, ethnicity, and cultural origins. These Purple Book amendments further advise against capitalizing the word “white” when used in reference to race, and caution against interchangeable use of the terms “Black Americans” and “African Americans” given inherent lacking accuracy and respect to differing nations of ancestral and familial origin with which Black Americans may identify.

This is a small step and long-overdue recognition that AULR’s Diversity and Inclusion Subcommittee led into fruition with comprehensive research, and it is the first of likely several changes to come in furtherance of the Law Review’s commitment to promoting more inclusive legal scholarship. Special thanks to D&I Subcommittee leaders Emma Pachon, Dana Busgang, and Vinnie Johnson, all of whom provided valuable input and leadership in consult with the Volume 70 Editorial Board to make these changes a reality!

The American University Law Review is proud to announce a FIVE-rank jump in this year’s Washington and Lee Law Journal R...
07/10/2020

The American University Law Review is proud to announce a FIVE-rank jump in this year’s Washington and Lee Law Journal Rankings. We are now number #43 across all ranked publications! Additionally, AULR jumped four spots across general subject matter journals, now ranking at #40 among nearly 400 publications. Congratulations to all of our staffers past and present for their hard work and richly-deserved success!

NPR's The Hidden Brain podcast featured AULR author and Georgetown Professor Kristin Henning in its latest gripping epis...
07/09/2020
The Night That Lasted A Lifetime: How Psychology Was Misused In Teen's Murder Case : Hidden Brain

NPR's The Hidden Brain podcast featured AULR author and Georgetown Professor Kristin Henning in its latest gripping episode, "The Night That Lasted A Lifetime: How Psychology Was Misused In Teen's Murder Case." Prof. Henning's leading article for AULR Volume 67, entitled "The Reasonable Black Child: Race, Adolescence, and the Fourth Amendment," is linked as further reading! Check it out here:

https://www.npr.org/2020/07/03/887179151/the-night-that-lasted-a-lifetime-how-psychology-was-misused-in-teens-murder-case

Not long after his sixteenth birthday, Fred Clay was arrested for the murder of a cab driver in Boston. Eventually, Fred was found guilty — but only after police and prosecutors used questionable psychological techniques to single him out as the killer. This week on Hidden Brain, we go back four d...

The Pennsylvania Supreme Court cited the Law Review (specifically, Temple Law School Dean Robert Reinstein's piece from ...
07/02/2020

The Pennsylvania Supreme Court cited the Law Review (specifically, Temple Law School Dean Robert Reinstein's piece from Vol. 59) in its opinion yesterday in Wolf v. Scarnati! The case addresses the interplay between executive and legislative authority In Pennsylvania as exemplified by the commonwealth's COVID-19 response.

The court's opinion effectively blocks Pennsylvania lawmakers' bid to end the commonwealth's business closure policies in response to the COVID-19 pandemic. Check out the opinion here: https://t.co/A9qMZXvV80?amp=1

Dean Reinstein is a repeat author for the Law Review, having authored a piece for us in Issue One of our most recent volume entitled "The Aggregate and Implied Powers of the United States." Check out that piece on our website: https://t.co/d3qgYUtppi?amp=1

Congratulations to our (newly-graduated!) staffers Christine Hammell Guest, Daniel de Zayas, and Mika Sharpe! The Rutger...
06/17/2020

Congratulations to our (newly-graduated!) staffers Christine Hammell Guest, Daniel de Zayas, and Mika Sharpe! The Rutgers Computer and Technology Law Journal selected their comments for inclusion in its annual bibliography of scholarly works as among "the most important and timely articles on computers, technology, and the law." We are so proud to have published their pieces in Volumes 68.3 and 68.6!

Congratulations to our Option Four student authors, and especially Cassie Chee, Kiran Jeevanjee, Kate Morrow, Greg Taylo...
06/09/2020

Congratulations to our Option Four student authors, and especially Cassie Chee, Kiran Jeevanjee, Kate Morrow, Greg Taylor, and Chris Weeks -- all of whom we are proud to publish in Volume 70.1 and 70.2 of the Law Review!

WCL's journals are proud to stand together in solidarity and with a commitment to positive action. Black lives matter.
06/03/2020

WCL's journals are proud to stand together in solidarity and with a commitment to positive action. Black lives matter.

The New York Times published an article today quoting Volume 69.3's "#LivingWhileBlack: Blackness as Nuisance" by Profes...
05/31/2020

The New York Times published an article today quoting Volume 69.3's "#LivingWhileBlack: Blackness as Nuisance" by Professors Taja-Nia Y. Henderson and Jamila Jefferson-Jones. We are so proud to have published "#LivingWhileBlack" and to amplify Professors Henderson and Jefferson-Jones's important scholarship. Check out the article here: https://www.nytimes.com/2020/05/30/nyregion/central-park-video.html

Congratulations to our Option Three student authors, and especially Dana Busgang, Philip N. Killeen, and Hannah Skopicki...
04/20/2020

Congratulations to our Option Three student authors, and especially Dana Busgang, Philip N. Killeen, and Hannah Skopicki, whose Comments will be published in Volume 70.1 of the Law Review! We are so proud of your hard work!

Congratulations to the newest staff members of American University Law Review!
04/18/2020

Congratulations to the newest staff members of American University Law Review!

The Journals of WCL stand with @wcl_blsa and all those who have been harmed by these hurtful statements.
04/09/2020

The Journals of WCL stand with @wcl_blsa and all those who have been harmed by these hurtful statements.

We stand with @wcl_blsa.
04/09/2020

We stand with @wcl_blsa.

👏 Cheers to a wonderful year! COVID-19 can’t stop us from honoring our staff at this year’s (virtual) annual banquet. Sp...
04/03/2020

👏 Cheers to a wonderful year! COVID-19 can’t stop us from honoring our staff at this year’s (virtual) annual banquet. Special congratulations to Erin Downey, our Ira P. Robbins award winner, and Alex Hartzell, our Egon Guttman award winner!

We had a wonderful night celebrating the incredible hard work of the Vol. 69 Editorial Board and our new Editorial Board...
03/07/2020

We had a wonderful night celebrating the incredible hard work of the Vol. 69 Editorial Board and our new Editorial Board for Vol. 70! @ Local 16 DC

Over at our Instagram (@amulrev) and below, we've answered a few FAQs about the Write-On competition process. Registrati...
02/29/2020

Over at our Instagram (@amulrev) and below, we've answered a few FAQs about the Write-On competition process. Registration ends tomorrow, March 1 at 11:59 PM, so head to the "Competitions" tab on MyWCL if you haven't registered yet! We're looking forward to welcoming our newest staff members to Volume 70!

🙋🏼‍♀️🙋🏽‍♂️🙋🏻 we had a great time at the wizards game tonight!!!
02/27/2020

🙋🏼‍♀️🙋🏽‍♂️🙋🏻 we had a great time at the wizards game tonight!!!

We had a great turn out at the JJC Diversity and Inclusion Subcommittee’s inaugural event. Thank you to everyone who cam...
02/19/2020

We had a great turn out at the JJC Diversity and Inclusion Subcommittee’s inaugural event. Thank you to everyone who came out to learn more about Write-on!

Congratulations to the Volume 70 Editorial Board!
02/17/2020

Congratulations to the Volume 70 Editorial Board!

Come join us and learn more about journal! 📚📖
02/13/2020

Come join us and learn more about journal! 📚📖

Democracy and the Law: 2020
02/08/2020

Democracy and the Law: 2020

Some highlights from a really incredible day! Thank you to all who made Democracy and the Law: 2020 a huge success. More...
02/01/2020

Some highlights from a really incredible day! Thank you to all who made Democracy and the Law: 2020 a huge success. More photos to follow! #aulrsymposium @ American University Washington College of Law

We love our team! #AULRsymposium
01/31/2020

We love our team! #AULRsymposium

Congratulations to our student authors!
01/28/2020

Congratulations to our student authors!

We’ve been busy! We had an excellent turn out at our elections happy hour last night. Thanks to all who came out to lear...
01/25/2020

We’ve been busy! We had an excellent turn out at our elections happy hour last night. Thanks to all who came out to learn more about our editorial board and the work we do.

We love our team! Our staff is hard at work spading 69.5. We are so excited to see the book come together!
01/25/2020

We love our team! Our staff is hard at work spading 69.5. We are so excited to see the book come together!

69.1 is officially in the building! Thank you to our staff for all of your hard work during the production process! #aul...
11/18/2019

69.1 is officially in the building! Thank you to our staff for all of your hard work during the production process! #aulrvol69

Thanks to our JJC Co-Chairs for planning such a fun fall day!  @ Homestead Farm
10/24/2019

Thanks to our JJC Co-Chairs for planning such a fun fall day! @ Homestead Farm

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