The Commentaries series is the online supplement to the Washington University Law Review, featuring original analysis and debate by members of the legal academy, bench, and bar. Commentaries are concise scholarly pieces that are able to cover contemporary issues much more quickly than articles. Each Commentary selected for publication will immediately appear on the Commentaries’ website, followed by publication in the next issue of the Washington University Law Review.

For more information about the Commentaries, including a history of previous titles, visit
For submissions information, visit


Submissions from 2013

Legislative Oversight of a Bill of Rights: A Way to Rectify Judicial Activism, Duane L. Ostler

The Role of the Judge in Non-Class Settlements, Howard M. Erichson

Managerial Judging and Substantive Law, Tobias Barrington Wolff

Submissions from 2012

A Due Process Right to Record the Police, Glenn Harlan Reynolds and John A. Steakley

Sell’s Conundrums: The Right of Incompetent Defendants to Refuse Anti-Psychotic Medication, Christopher Slobogin

Like Deck Chairs on the Titanic: Why Spectrum Reallocation Won't Avert the Coming Data Crunch but Technology Might Keep the Wireless Industry Afloat, Brian J. Love, David J. Love, and James V. Krogmeier

Considering Lesbian, Gay, Transgender, and Bisexual Nominees for the Federal Courts, Carl Tobias

To Swear or Not to Swear: Using Foul Language During a Supreme Court Oral Argument, Alan E. Garfield

Bridging the Great Divide—A Response to Linda Greenhouse and Reva B. Siegel's Before (and After) Roe v. Wade: New Questions About Backlash, Lolita Buckner Inniss

Submissions from 2011

Amputating the Long Arm of the Law: An Analysis of the U.S. Supreme Court's Decision in Morrison and Why § 10(B) Still Reaches Issuers of ADRs, Paul B. Maslo

Toward a Reality-Based Constitutional Theory, Andrew Coan

Executive Weapons to Combat Infection of the Art Market, Jennifer Anglim Kreder

Constitutional Rights and Judicial Independence: Lessons from Iowa, Ian Bartrum

How the U.S. Government's Market Activities Can Bolster Mobile Banking Abroad, Colin C. Richard

Submissions from 2010

What Elena Kagan Could Have and Should Have Said (and Still Have Been Confirmed), Eric J. Segall

Elena Kagan Can't Say That: The Sorry State of Public Discourse Regarding Constitutional Interpretation, Neil J. Kinkopf

A Reply to Elena Kagan Can't Say That: The Sorry State of Public Discourse Regarding Constitutional Interpretation, Eric J. Segall

Justice Souter and the Civil Rules, Scott Dodson

A Proposed Fat-Tail Risk Metric: Disclosures, Derivatives, and the Measurement of Financial Risk, Peter Conti-Brown

Diversity and the Federal Bench, Carl Tobias

The Case for Employee Referenda on Transformative Transactions As Shareholder Proposals, Matthew T. Bodie

Closing the Legislative Experience Gap: How a Legislative Law Clerk Program Will Benefit the Legal Profession and Congress, Dakota S. Rudesill

Submissions from 2009

Bailouts, Bonuses, and the Return of Unjust Gains, Tracy A. Thomas

A Challenge to Sustainable Governments?, Keith H. Hirokawa