Recent Articles in Volume 75 (2022)
Corpus Linguistics Criticisms of Heller Misuse Corpus Linguistics
By Michael Showalter – In recent years, a number of commentators have asserted that new corpus- linguistics evidence undermines the U.S. Supreme Court’s 2008 landmark holding in District of Columbia v. Heller that the Second Amendment protects an individual right to possess and carry weapons. But these commentators have misused corpus linguistics, and their analytical errors underscore that judges should exercise caution when invoking corpus data and should not uncritically accept conclusions drawn by linguistics experts. [...]
Law Firm Dynamics: Don’t Hate the Player, Hate the Game
By Tom Kimbrough – This paper concerns the business of law, a subject ignored by legal academia and sugarcoated by the organized bar. If law professors express little or no interest in this subject, their students most certainly do. [...]
Equal Protection and Scarce Therapies: The Role of Race, Sex, and Other Protected Classifications
By Govind Perad – The allocation of scarce medical treatments, such as antivirals and antibody therapies for COVID-19 patients, has important legal dimensions. This Essay examines a currently debated issue: how will courts view the consideration of characteristics shielded by equal protection law, such as race, sex, age, health, and even vaccination status, in allocation? [...]
The "Divisive Concepts" Laws and Americans of Asian Descent
By Ilhyung Lee – In the past year, a number of states have enacted laws that prohibit public schools from teaching certain lessons about race. The main target of these laws appears to be “critical race theory,” once a theory advanced in legal academia that has now become a “catchall term” for discussions of race and racism. [...]