Law Review at Washington University in St. Louis

Re-Imagining the Business Trust as a Sustainable Business Form

Lee-Ford Tritt and Ryan Scott Teschner

An important policy debate has emerged in the United States concerning how business should evolve to encapsulate more fully the burgeoning sustainability-conscious management paradigm. At issue in this debate is the proper role of business in society. The modern trend…

Racial Antagonism, Sexual Betrayal, Graft, and More: Rethinking and Remedying the Universe of Defense Counsel Failings

Sheri Lynn Johnson

Is a defendant entitled to a new trial when his counsel has repeatedly spouted ugly racial stereotypes and used racial epithets in referring to his clients? Or should a reviewing court require the defendant to show how he was “prejudiced”…

The Indigenous McClain Doctrine: A New Legal Tool to Protect Cultural Patrimony and the Right to Self-Determination

Matthew Birkhold

In December 2010, the United States endorsed the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), which obligates the United States to respect indigenous self-determination and protect Native American cultural objects. Yet, nearly a decade later, the United…

Hushing Contracts

David A. Hoffman and Erik Lampmann

The last few years have brought a renewed appreciation of the costs of nondisclosure agreements that suppress information about sexual wrongdoing. Recently passed bills in a number of states, including New York and California, have attempted to deal with such…

Should the Use of Automated License Plate Readers Constitute a Search After Carpenter v. United States?

Stephanie Foster

Introduction Are our privacy interests implicated when police keep records of each and every time our cars are spotted by automated license plate readers? For many years, police have used automated license plate readers (ALPRs) to, among other things, “determine…

Perjury by Omission

Ira P. Robbins

“Do you swear to tell the truth, the whole truth, and nothing but the truth?” There are few legal phrases that the layperson can repeat verbatim; this is one of them. But how many people truly understand the nuances and…

Genital Exceptionalism Has No Place in the Law: Improving Transgender and Intersex Rights in the 21st Century

Lindsey M. Walker

Sex exceptionalism—also referred to as sexuality or sexual exceptionalism—is a concept that has recently been developed and explored in feminist legal scholarship. Sex exceptionalism “refers to the way our culture, including law, treats ‘sex differently [than] other activities,’” often in…