Print Issues

Volume 75, Issue 1


Trademark Spaces and Trademark Law’s
Secret Step Zero

by  Mark A. Lemley & Mark P. McKenna

When is a design just a design, and when is it a trademark? Over the last several decades, courts have developed a clear framework for evaluating the distinctiveness of certain unconventional marks, especially those typically conceived of as “trade dress.” The Supreme Court has drawn a line between product packaging, on the one hand, and…


Hierarchy, Race, and Gender in Legal
Scholarly Networks

by  Keerthana Nunna, W. Nicholson Price II & Jonathan Tietz

A potent myth of legal academic scholarship is that it is mostly meritocratic and mostly solitary. Reality is more complicated. In this Article, we plumb the networks of knowledge co-production in legal academia by analyzing the star footnotes that appear at the beginning of most law review articles. Acknowledgments paint a rich picture of both…


The Negotiable Implementation of
Environmental Law

by  Dave Owen

Conventional wisdom describes environmental law as a field filled with rigid mandates. Many critiques of the field start with that rigidity as a key premise, and they allege that inflexibility is a central failing or, alternatively, a squandered virtue. Influential reform proposals follow from both allegations. This Article demonstrates that these premises are often mistaken.…


Teaching in the Upside Down

What Anti–Critical Race Theory Laws Tell Us About the First Amendment
by  Tess Bissell

Since January 2021, forty-two states have introduced “anti–critical race theory” (anti-CRT) bills that restrict discussions of racism and sexism in public schools. As teachers, administrators, and civil rights organizations scramble to interpret these bills, many wonder: How can this be constitutional? At the heart of this broader question is a legal problem that remains unaddressed…