Volume 2014, Number 1

The Board of Editors is pleased to present Issue 1 of the 2014 Volume of the Illinois Law Review.

First, Professors Osofsky & Wiseman develop a novel theory of energy governance and use it to assess how institutional innovation can help meet critical modern energy challenges.  Building from their prior work arguing for a dynamic approach to energy federalism, this Article focuses on the potential of institutions that are “hybrid” by virtue of including public and private actors from several governance levels and enabling important interactions among them.

Next, Professor Weidemaier uses a unique data set of sovereign bonds to explore how international financial contracts responded to the legal and policy initiatives in the United States that abandoned the doctrine of absolute immunity.  The Article demonstrates that the Foreign Sovereign Immunities Act of 1976 prompted a major shift in contracting practices despite investors’ continued indifference to legal enforcement and argues that contract theory must recognize that a wider range of forces may prompt boilerplate to change.

Following, Professor Hoffer argues that providing a single test for contract defense cases of misrepresentation and mistake with recourse to punitive damages in cases of fraud would harmonize the defenses with their normative underpinnings and eliminate inefficient redundancies in the common law.

Next, Professor Miller  explores the error-cost-based approach to IP statutes, arguing that the time is ripe for more effective interbranch dialogue on IP law, since the America Invents Act of 2011—comprising some of the most significant changes to patent law since the 1952 Patent Act—came fully into force in March 2013.

Further, Professor Shafir describes the results of empirical research done into decision making under conditions of plenty and of scarcity. Among the topics examined in the studies are the impact of easier versus more imposing financial challenges on cognitive capacity, the psychology of borrowing, and the potential impact of financial concerns on other, nonfinancial behaviors.

The issue concludes with notes by Dawson J. Price, Kristen L. Sweat, and Jacqueline G. Waldman.

2014-2015 Board of Editors

Please join us in congratulating the following people on being elected to the 2014-2015 University of Illinois Law Review Editorial Board:


Editor-in-Chief: Nicholas Vallorano

Managing Editor: Sarah Kimmer

Executive Editor: John Byers

Executive Production Editor: Nicholas Pesavento

Managing Articles Editor: Christopher Worek

Articles Editors: Nisha Chandran, Brian Enright, Amanda Maslar, John Motylinski, Nate Wackman

Managing Notes Editor: Alex Garel-Frantzen

Notes Editors: Alexsis Dyschkant, Alyssa Falk, Anika Hermann, Akshay Mathew, Jamie Ward

Volume 2013, Number 5

The Board of Editors is pleased to present Issue 5 of the 2013 Volume of the Illinois Law Review.

In this annual symposium issue the University of Illinois Law Review presents the speaker contributions to the symposium on Akhil Amar’s latest book America’s Unwritten Constitution.

Contributions to this issue include:

  • Professor Hasday asking why sex equality is outside the constitutional canon.
  • Professor Samaha examining a few techniques for reaching preferred conclusions about constitutional stories without falling outside the boundary of conventional constitutional argument.
  • Professor LaCroix using a 1830 exchange between James Madison and Martin Van Buren as a case study to discuss the significance of the period between 1815 and 1850 as an era of constitutional change.
  • Professor Prakash offering a short and vigorous critique of America’s Unwritten Constitution.
  • Professor Sachs arguing that America’s Unwritten Constitution is a prod to the profession to look for legal rules outside the Constitution’s text.
  • Professor Whittington examining one feature of unwritten constitutions, the idea of constitutional conventions, by comparing the U.S. and British systems.
  • Professor Mazzone correcting the tendency of accounts of unwritten constitutional principles to overlook unwritten principles of federalism.
  • Professor Solum arguing that contemporary originalist constitutional theory is consistent with reliance on extraconstitutional sources in certain circumstances.
  • Professor McConnell examining the most common use of the term “unwritten” constitution—the practice of striking down state and federal laws on the grounds that they violate “fundamental rights” not directly mentioned in the Constitution.

The issue concludes with notes by Samuel Chase Means, Katherine Robillard, and John Tully.