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Washington University Law Review

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Washington University in St. Louis's premier legal journal since 1915. Tweets and Retweets are not endorsements.

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Washington University Law Review

New from the Washington University Law Review Online Edition, Volume 104: Doron Narotzki's Shadow Tariffs and the Executive Volatility Regime introduces the concept of "shadow tariffs," arguing that executive tariff volatility can impose real economic costs even when tariffs are never collected.

SHADOW TARIFFS AND THE EXECUTIVE VOLATILITY REGIME – Washington University Law ReviewThis Article identifies and theorizes a neglected element of tariffs: “shadow tariffs,” the tariff-like burdens created by executive volatility rather than by durable border collection. When an admini...wustllawreview.org
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Washington University Law Review

New from Washington University Law Review: Domenic Monteleone's One Person, One Initiative: Equal Protection Limits on Missouri's Proposed District-Based Initiative Approval Rule is now available in an early release ahead of the August 4 election.

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Washington University Law Review

The Washington University Law Review is pleased to publish How the U.S. Constitution Shapes International Tax Law by Noam Noked, Young Ran (Christine) Kim, and Reuven Avi-Yonah as part of Volume 103, Issue 6. Read: wustllawreview.org/2026/07/27/h...

How the U.S. Constitution Shapes International Tax Law: Instrument Choice in Tax Agreements – Washington University Law ReviewThe U.S. Constitution’s Treaty Clause, which requires Senate approval by a two-thirds vote for treaties, has significantly influenced the development of international tax law. This Article examines th...wustllawreview.org
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Washington University Law Review

The Washington University Law Review is pleased to publish Symmetry and Speech by Miranda Perry Fleischer as part of Volume 103, Issue 6. The Article examines First Amendment protections for nonprofit organizations. Read: wustllawreview.org/2026/07/27/s...

Symmetry and Speech: Nonprofits and the First Amendment – Washington University Law ReviewIn the spring of 2025, President Trump threatened Harvard’s tax-exempt status, accusing it of “pushing political, ideological, and terrorist inspired/supporting ‘Sickness.’” In the following months, t...wustllawreview.org
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Washington University Law Review

The Washington University Law Review is pleased to publish Against Doctrinal Siloing by David Gamage and Darien Shanske as part of Volume 103, Issue 6. The Article proposes a unified framework for constitutional questions involving fiscal federalism. Read: wustllawreview.org/2026/07/27/a...

Against Doctrinal Siloing:Harmonizing Fiscal Federalism and the U.S. Constitution – Washington University Law ReviewThe founders have been credited with “splitting the atom of sovereignty” in creating our federal system.[3] Yet this revolutionary achievement has fractured into a bewildering array of doctrinal silos...wustllawreview.org
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Washington University Law Review

The Washington University Law Review is pleased to publish Consumption Taxes and the Constitution by Brian Galle as part of Volume 103, Issue 6. The Article examines whether consumption taxes offer a viable response to inequality. Read: wustllawreview.org/2026/07/27/c...

Consumption Taxes and the Constitution – Washington University Law ReviewIn the aftermath of Moore v. United States, there has been a modest rise in interest in U.S. consumption taxes, not only for revenue raising but as a response to inequality. This Article argues that t...wustllawreview.org
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Washington University Law Review

The Washington University Law Review is pleased to publish Tariffs and the Progressive Fiscal Constitution by Lawrence J. Liu and Alex Zhang as part of Volume 103, Issue 6. The Article explores how tariff policy can better align with progressive taxation. Read: wustllawreview.org/2026/07/27/t...

Tariffs and the Progressive Fiscal Constitution – Washington University Law ReviewFor more than a century, progressive taxation has constituted the American fiscal state. A resurgent and expanding tariff regime, however, threatens that commitment to progressive distribution. Given ...wustllawreview.org
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Washington University Law Review

The Washington University Law Review is pleased to publish The Origination Clause and the President's Tariffs by Susan C. Morse, Shu-Yi Oei, and Diane M. Ring as part of Volume 103, Issue 6. Read: wustllawreview.org/2026/07/26/t...

The Origination Clause and the President’s Tariffs – Washington University Law ReviewThe President’s dramatic use of tariffs has unleashed a host of constitutional and statutory interpretation challenges that promise to make new law. In the leading case, Learning Resources, Inc. v. Tr...wustllawreview.org
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Washington University Law Review

The Washington University Law Review is pleased to publish Tariffs and the Taxing Power by Conor Clarke and Ari Glogower as part of Volume 103, Issue 6. The Article examines the historical foundations of presidential tariff authority. Read: wustllawreview.org/2026/07/26/t...

Tariffs and the Taxing Power:Historical Lessons for Major Questions and Nondelegation – Washington University Law ReviewAmerican law is grappling with basic questions about the President’s power to impose tariffs—questions concerning whether Congress can delegate this authority, and the degree to which it has. But the ...wustllawreview.org
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Washington University Law Review

The Washington University Law Review is pleased to publish Public Functions and Private Resources by Zachary S. Price as part of Volume 103, Issue 6. The Article examines the constitutional questions raised by governments relying on private resources. Read: wustllawreview.org/2026/07/26/p...

Public Functions and Private Resources – Washington University Law ReviewAt the federal level, the boundary between public and private functions is under pressure. On top of longstanding trends toward privatizing government functions and running agencies like businesses, t...wustllawreview.org
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Washington University Law Review

The Washington University Law Review is pleased to publish The Missing Constitutional Law of Executive Conditions by Nicole Huberfeld and Matthew B. Lawrence in Volume 103, Issue 6. The Article examines the constitutional law of executive conditions. Read: wustllawreview.org/2026/07/26/t...

The Missing Constitutional Law of Executive Conditions – Washington University Law ReviewThis Article contributes to the development of the constitutional law of executive conditions. The appropriations presidentialism of the second Trump Administration—the shift from bilateral executive/...wustllawreview.org
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Washington University Law Review

The Washington University Law Review is pleased to publish The Crisis of Appropriations Law by Samuel R. Bagenstos in the symposium issue, Volume 103, Issue 6. The Article examines the foundations of appropriations law. Read: wustllawreview.org/2026/07/26/t...

The Crisis of Appropriations Law – Washington University Law ReviewAppropriations law is a unique body of federal law. Appropriations law imposes its own somewhat baroque set of statutory interpretation rules, approves of very broad delegations to the Executive Branc...wustllawreview.org
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Washington University Law Review

The Washington University Law Review is pleased to publish the Foreword to Volume 103.6, The Constitution and Public Finance: Why Now and Why Ever?, by Conor Clarke and Eric Kubo. The Foreword frames the symposium on Taxing, Spending, and the Constitution. Read: wustllawreview.org/2026/07/26/f...

Foreword: The Constitution and Public Finance—Why Now and Why Ever? – Washington University Law ReviewEach year, the Washington University Law Review publishes an issue featuring papers presented at our annual symposium. This year’s symposium, held at the Law School on September 26, 2025, focused on t...wustllawreview.org
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Washington University Law Review

The Washington University Law Review is pleased to publish From Day Cares to City Halls by Ethan Kadet in Volume 103, Issue 5. The piece examines fraud in federal programs and proposes reforms to strengthen oversight. Read: wustllawreview.org/2026/07/10/f...

From Day Cares to City Halls: Prosecuting Fraud and Reforming Oversight in Federal Programs – Washington University Law ReviewState agencies and local nonprofits play a critical role in addressing social problems, by administering federal programs and distributing aid. To uphold the integrity of federal programs, and ensure ...wustllawreview.org
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Washington University Law Review

The Washington University Law Review is pleased to publish Boiler Wrecks, Tainted Meat, and Other Red Flags by Keith Lindsey, Jr. in Volume 103, Issue 5. The piece explores what history can teach us about AI regulation. Read: wustllawreview.org/2026/07/10/b...

Boiler Wrecks, Tainted Meat, and Other Red Flags: Lessons from the Industrial Revolution for AI Regulation – Washington University Law ReviewCalifornia’s Senate Bill 1047 (S.B. 1047), known as the Safe and Secure Innovation for Frontier Artificial Intelligence Models Act, represents a significant early legislative effort to regulate advanc...wustllawreview.org
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Washington University Law Review

The Washington University Law Review is pleased to publish Patent Law's (Short-Lived?) Era of Normalcy by Mark A. Lemley in Volume 103, Issue 5. The Article explores whether patent law's era of normalcy may be short-lived. Read: wustllawreview.org/2026/07/04/p...

Patent Law’s (Short-Lived?) Era of Normalcy – Washington University Law ReviewAn unusual and surprising thing is happening in patent law of late: very little. The four decades beginning in 1980 saw almost constant turmoil in patent law, with dramatic changes to the statute, a b...wustllawreview.org
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Washington University Law Review

The Washington University Law Review is pleased to publish Ex Parte Young Redux by Katherine Mims Crocker in Volume 103, Issue 5. The Article reexamines Ex parte Young and argues for a limited extension of the doctrine. Read: wustllawreview.org/2026/07/04/e...

Ex Parte Young Redux – Washington University Law ReviewTrump v. CASA, Inc., the first high-profile Supreme Court case challenging President Trump’s birthright-citizenship executive order, cemented a seismic shift in federal courts’ authority to issue inju...wustllawreview.org
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Washington University Law Review

The Washington University Law Review is pleased to publish The Regulatory Paradox of Climate Insurance by Aisha I. Saad in Volume 103, Issue 5. The Article examines homeowners insurance as a form of climate governance. Read: wustllawreview.org/2026/07/04/t...

The Regulatory Paradox of Climate Insurance – Washington University Law ReviewDecades of inadequate federal action on climate change have culminated in a near-total regulatory retreat. Meanwhile, the climate crisis continues to intensify, imposing escalating costs on individual...wustllawreview.org
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Washington University Law Review

The Washington University Law Review is pleased to publish Mass Corporate Governance by Caleb N. Griffin in Volume 103, Issue 5. The Article examines mass corporate governance and proposes a new framework for delegating shareholder voting authority. Read: wustllawreview.org/2026/07/04/m...

Mass Corporate Governance – Washington University Law ReviewDemocracy is a compliance cost. At least, that is the modern conception of performative corporate governance. Structurally contingent legal and market characteristics mean that shareholder voting is n...wustllawreview.org
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Washington University Law Review

Volume 103, Issue 5 of the Washington University Law Review begins with White House Inspection by Jonathan David Shaub. The Article proposes a new paradigm for White House investigation by separating the investigatory function from the power to sanction. Read: wustllawreview.org/2026/07/04/w...

White House Inspection – Washington University Law ReviewAttempting to hold the President and White House officials accountable necessarily presents a fundamental conundrum—how to balance essential characteristics such as independence and neutrality with el...wustllawreview.org
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