Jotwell
The Journal of Things We Like (Lots)
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Latest posts
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Identifying Inequality
Rachael Dickson, Discrimination in the Trademark ID Manual, 36 Fordham Intell. Prop. Media & Ent. L.J. 764 (2026). Alexandra Roberts Are you an entrepreneur who sells t-shirts for dogs? If you want to register your logo as a trademark with the USPTO, you’ll need to include in…
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Hope and Possibility: Julius Yam and Judging for Democracy
Julius Yam, Judging for Democracy: Principles and Strategies in Hybrid Regimes (2026). Rosalind Dixon Julius Yam’s Judging for Democracy: Principles and Strategies in Hybrid Regimes is a deeply impressive book by a scholar taken far too soon from his family and the global…
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Reparations And Decolonization
Tendayi Achiume, Race, Reparations, and International Law, 119 Am. J. Int’l L. 397 (2025). Natsu Taylor Saito “Decolonization and reparations are distinct paradigms and projects that cannot be collapsed into one another. But the project of reparations entails decolonization.”…
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Contesting “Trust Me, Bro’” Forensics Beyond the Trial Process
Christopher Lau, Shadow Forensics: Uncovering 911 Call Analysis, 111 Cornell L. Rev. 293 (2026) Jessica M. Eaglin The criminal justice system is rife with junk forensics. From bitemark comparisons to firearm examinations and more, police and prosecutors secure arrests and…
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Ascertaining Ascertainability
Maureen Carroll & Madena Mustafa, The Trouble with Ascertainability, 77 Case W. Rsrv. L. Rev. __ (forthcoming 2027), available at SSRN (July 7, 2026). Adam N. Steinman Class actions have long been an important and controversial weapon in the civil justice arsenal. And those who…
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Bots as Corporate Directors? An Exploration of AI in Corporate Governance
Zhaoyi Li, Artificial Fiduciaries, 81 Wash. & Lee L. Rev. 1299 (2024). Joan MacLeod Heminway Technological advancements add new wrinkles to business law and practice at an unforgivingly rapid pace. As a result, the work of legal scholars (including my own research and writing)…
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Two Ways to Be Bound
Jeffrey A. Pojanowski, Faces of Formalism, 112 Va. L. Rev. 95 (2026). Brandon Duke Formalism has won. Textualism is now the Supreme Court’s dominant language of statutory interpretation, and originalism is its main vocabulary of constitutional interpretation. Yet victory has…
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In Search of A Simple Test for Job Discrimination
Johann D. Gaebler & Sharad Goel, A Simple, Statistically Robust Test of Discrimination, 122 Proc. Nat'l Acad. Scis. e2416348122 (2025). Sachin S. Pandya In 1978, federal agencies enforcing employment discrimination law agreed to a “rule of thumb” to keep agency “attention on…
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The Unitary Executive at the Border (and Beyond)
Eric S. Fish, Deportation in the Deep State, __ Stan. L. Rev. __ (forthcoming), available at SSRN (Apr. 11, 2026). Christopher Walker At the end of the Term in Trump v. Slaughter, the Supreme Court overruled Humphrey’s Executor—the bedrock precedent that upheld statutory…
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When Offshore is Everywhere
Allison Anna Tait, The House That Family Money Built: How Inequality Governs Debt and Wealth Management (2026). Bridget Crawford When I teach asset protection trusts, my students often imagine that I am talking about activities that occur in faraway places. The word offshore…
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In Praise of Pontification
Pope Leo XIV, Encyclical Letter Magnifica Humanitas on Safeguarding the Human Person in the Time of Artificial Intelligence (May 15, 2026). Cristina Tilley Robert Prevost has many alter egos. He is a world-famous Chicago White Sox fan1; the 267th Pontiff of the Roman Catholic…
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You Have to Laugh at Fintech, Or You’ll Cry
Hilary Allen, FinTech Dystopia: A Summer Beach Read About Silicon Valley Ruining Things (2025). Woodrow Hartzog Readers of law journal articles wouldn’t be out of line for thinking that we legal scholars take ourselves too seriously and write too obtusely. We know it’s a problem…