Southwestern Law Review

The Southwestern Law Review is a student-edited quarterly journal that publishes scholarly articles and commentary on the law contributed by prominent jurists, practitioners, law professors, and student members of the Law Review staff.

Participation in the Law Review program provides students with the opportunity for concentrated study in specific areas of the law and enhances their skills in legal research, writing and analysis. Each Law Review member has demonstrated outstanding academic achievement and a solid foundation in legal skills. Students ranked in the top 10% of the first-year day or SCALE, and second-year evening or PLEAS classes are invited to participate on Law Review. Additionally, several students in the top 30% of their class are extended invitations based on their performance in the annual Summer Write-On Competition. The entire editorial and publication process is directed by an editorial board composed of students who have met stringent academic requirements and have at least one year of membership on the Law Review staff. Under the close supervision of the the Law Review Faculty Advisors, all incoming staff members write a draft note during the fall semester Law Review Staff Seminar. The staff members revise these draft notes during the spring semester and submit the drafts to the editorial board for possible publication.

Note: The Law Review staff prefers submissions via ExpressO.

The Southwestern Law Review focuses on a variety of legal issues in California and federal law. Recent volumes have featured articles examining environmental law, the First Amendment, labor law, family law, public interest law, health law, copyright, criminal procedure, the right to privacy, sexual harassment, and the federal and state Statutes of Limitation.

As part of its activities, the Law Review also sponsors symposia and the Distinguished Lecture Series. These programs feature prominent members of the legal community who lecture or participate in panel discussions on topical legal issues. Recent symposia have covered topics such as:

  • Stuck in Forward? Debt, Austerity and the Possibilities of the Political, a ClassCrits Workshop
  • 40 Years of LGBT Legal Activism - Taking Stock and Looking Ahead
  • CERCLA and the Future of Liability-Based Environmental Regulation
  • Beyond Borders - Extraterritoriality in American Law
  • Bankruptcy in the New Millennium
  • The Evolution of J.D. Programs - Is Non-Traditional Becoming More Traditional?

Issues, Subscriptions and Submissions

The Southwestern Law Review is published four times annually, books one and two of each volume in Fall and books three and four in Spring.

Current Subscription Rates

  • Law Review (domestic): $38.00 a year
  • Law Review (foreign): $43.00 a year
  • Single copies (domestic): $17.00
  • Single copies (foreign): $22.00

Current issues can be ordered directly from Law Review. Unless otherwise requested, it is mailed at bulk rate. For some overseas subscribers, delivery via airmail may be more reliable than standard bulk rate service. If a notice of termination is not received before the expiration of a subscription, the subscription will be automatically renewed. Unless a claim is made for non-receipt of an issue within six months after the mailing date, that issue will not be supplied free of charge.

Back issues of the Southwestern Law Review are also available in an image based format through HeinOnline.

Change of Address

Please send any change of address at least 45 days in advance to ensure prompt delivery. The Post Office will not forward copies unless the subscriber has provided extra postage. Duplicate copies will not be sent.

Please address all correspondence regarding subscriptions to:

Subscriptions Manager
Southwestern Law Review
Southwestern Law School
3050 Wilshire Boulevard
Los Angeles, CA 90010-1106
Phone: (213) 738-6744
Email: lawreview@swlaw.edu

Current Issue

  1. Vol. 46.1, No. 1, Fall 2016

    Articles

    Substantial Burdens in the Law
    R. George Wright (PDF)

    Can Constitutional Drafter See the Future? No, and It's Time We Stop Pretending They Can
    Andrew Friedman (PDF)

    Too Many Cooks Spoil the Cake, and Too Many Statutes Spoil the LLC: A Plea for Uniformity
    Carol Goforth (PDF)

    Notes and Comments

    Close The Homeopathic Loophole: Require Homeopathic Medications To Prove Their Effectiveness 
    Roy C. Manukyan (PDF)

    Inter Partes Review: Should Hedge Fund Managers Be Able to Profit From Challenging a Patent’s Validity?
    Sherron Wiggins (PDF)

    Copyright Owners Take on the World (Wide Web): A Proposal to Amend the DMCA Notice and Takedown Procedures    
    Megan Smallen (PDF)

    Competitive Advantage: The Actions ESPN Must Take in Order to Maintain a Leadership Position in the Wake of Cable Un-bundling    
    Matthew Edwards (PDF)

    Copyright 2016 Southwestern Law Review

Recent Issues

  1. Vol. 45, No. 4, Spring 2016

    ClassCrits VIII
    Emerging Coalitions: Challenging the Structures of Inequality

                
    Foreword
    Wendy A. Bach & Lucy Jewel (PDF)

    CRITICAL RACE THEORY, TRANSFORMATION AND PRAXIS
    Kim E. Clark (PDF)

    Developing a Pedagogy of Beneficiary Accountability int he Representation of Social Justice Non-Profit Organizations
    Amber Baylor & Daria Fisher Page (PDF)

    Bridging the Secular-Religious Divide with Assistance From The Buddha
    James G. Wilson (PDF)

    An Inquiry Into White Supremacy, Sovereignty, and the Law
    David P. Waggoner (PDF)

    Countering Neoliberalism and Aligning Solidarities: Rethinking Domestic Violence Advocacy
    Deborah M. Weissman (PDF)

    Articles

    The "Romeo Juliet" Scenario in the Aftermath Johnson V. Superior Court
    Laura Arnold (PDF)

    Returning to Rutherford: A Call to California Courts to Rejoin the Legal Mainstream and Require Causation be Proved in Asbestos Cases Under Traditional Torts Principles
    Jason Litt, Emily Cuatto, & Jessica Di Palma (PDF)

     Copyright 2016 Southwestern Law Review

  2. Vol. 45, No. 3, Spring 2016

    Symposium

    453 Keynote Address (PDF)
    Lisa M. Schenck
    461 Throwaway Children: The Tragic Consequences of a False Narrative (PDF)
    Catherine L. Carpenter
    495 Two For One: The Ethical Pursuit of Justice in the Military, and Battlefield Success, Through Joint Prosecutorial Decisions (PDF)
    Rachel VanLandingham & Geoffrey Corn
    523 "Just the Facts, Ma'am": How Military Appellate Courts Rely on Factual Sufficiency Review to Overturn Sexual Assault Cases When Victims are "Incapacitated" (PDF)
    Lisa M. Schenck
    561 Fearing the Dark: The Use of Witchcraft to Control Human Trafficking Victims and Sustain Vulnerability (PDF)
    Luz. E. Nagle & Bolaji Owasanoye
    595 The Punishment of Islamic Sex Crimes in a Modern Legal System the Islamic Qanun of Aceh, Indonesia (PDF)
    Mark Cammack

    Articles

    631 Mapping Inter-Organizational Boundary Bureaucracy and the Need for Oversight (PDF)
    Bobbi Jo Boyd
    719 State "Right to Try" Acts: A Good Start, But a Federal Act is Necessary (PDF)
    Ellen A. Black

    Notes and Comments

    756 Asteroidae Naturae: What it Takes to Capture an Asteroid (PDF)
    Michael Jensen

     Copyright 2016 Southwestern Law Review

  3. Vol. 45, No. 2, Spring 2016

    Articles

    241 Beyond Preemption of Generic Drug Claims (PDF)
    Eric Lindenfeld & Jasper L. Tran
    257 Eye of the Beholder: The Wrongful Conviction of Charles Milles Manson (PDF)
    Carrie Leonetti
    333 Entertainers Beware - You May Have Less Insurance Coverage Than You Think (PDF)
    Edwin F. McPherson

    Notes and Comments

    351 Trustless Property Systems and Anarchy: How Trustless Transfer Technology Will Shape the Future of Property Exchange (PDF)
    Edward D. Baker
    379 "Hide and Go Seek" Information Policies at the Nuclear Regulatory Commission: Attaining Improved Public Disclosure Could Avert a Nuclear Catastrophe (PDF)
    Cassady S. Davidson
    407 Taking Biosimilars to the Next Level: Why Federalizing the Substitution of Biosimilars Promotes Innovation, Competition, and Patient Safety (PDF)
    Daniel Kadin
    437 Punitive Damages for Texting While Driving (PDF)
    Gregory Selarz

    Copyright 2016 Southwestern Law Review

  4. Vol. 45, No. 1, Spring 2016

    Articles

    1 The U.S. Constitution as Icon: Re-Imagining the Sacred Secular in the Age of User-Controlled Media (PDF)
    Michael M. Epstein
    27 Legal Thinking, the Adversarial, Process and Exonerating Innocent Defendants: A Socio-Legal View of the Wrongful Conviction Process (PDF)
    Gary Kowaluk
    49 Metaphysical Univocity and the Immanent Frame: Defending Religious Liberty in a Secular Age? (PDF)
    Harry G. Hutchison

    Notes and Comments

    115 When the Needs of the Many Outweigh the Needs of the Few: How Logic Clearly Dictates the First Amendment's Use as a Defense to Copyright Infringement Claims in Fan-Made Works (PDF)
    Melissa Anne Agnetti
    165 "The Taste of Any Public": How Intellectual Property Law Illuminates the Failings of the Miller Test (PDF)
    Lindsey M. Hay
    219 The State Secrets Privilege: Alternative Remedies in Cases of Torture Abroad (PDF)
    Ashley Scott

    Copyright 2016 Southwestern Law Review 

  5. Vol. 44, No. 4, Fall 2015

    Articles

    621 From Precarity to Positive Freedom: Classcrits at Seven Classcrits VII Symposium Introduction (PDF)
    Angela P. Harris
    635 Framing Elite Consensus, Ideology and Theory & A Classcrits Response (PDF)
    Athena D. Mutua
    669 Community Planning, Sharing Law and the Creation of Intentional Communities: Promoting Alternative Economies and Economic Self-Sufficiency Among Low-Income Communities (PDF)
    Elizabeth L. Carter
    699 Precarious Existence and Capitalism: A Permanent State of Exception (PDF)
    Tayyab Mahmud
    727 Toward a More Perfect Union?: The Danger of Conflating Progress and Equality (PDF)
    Leo P. Martinez
    749 The Jurisprudence of White Supremacy: Inter Caetara, Johnson v. M'intosh and San Antonio Independent School District v. Rodriguez (PDF)
    David P. Waggoner

    Copyright 2015 Southwestern Law Review

  6. Vol. 44, No. 3, Fall 2015

    Symposium

    Locking Up Females, Failing to Protect Them, and Punishing Their Children & Families 
    A SYMPOSIUM HONORING THE WORK OF PROFESSOR MYRNA S. RAEDER

    Foreword

    443 In Honor of Professor Myrna Raeder (PDF)
    Isabelle R. Gunning

    Articles

    448 Margaret Brent Award Speech (PDF)
    Myrna Raeder 
    454 Unlocking Doors: Reflections on Myrna Raeder's Generativity and Generosity (PDF)
    Judith Resnik
    466 Forfeiture of Confrontation Rights and the Complicated Dynamics of Domestic Violence: Some Thoughts Inspired by Myrna Raeder (PDF)
    Aviva Orenstein
    484 Propensity Evidence in Cases of Woman Abuse: An Essay in Memory of Professor Myrna Raeder (PDF)
    Marina Angel 
    496 Honoring and Celebrating Myrna Raeder (PDF)
    Brett Dignam
    508 Ambiguous-Purpose Statements of Children and Other Victims of Abuse Under the Confrontation Clause (PDF)
    Paul F. Rothstein
    553 You Can't Run From the Police!: Developing a Feminist Criminology that Incorporates Black Transgender Women (PDF)
    Angela Irvine
    562 Locating the Criminal: Civil Sanctions, Sexual Abuse, and the American Family (PDF)
    Bela August Walker

    Notes and Comments

    599 Stop Punishing the Victim: Why California Should Reform its Current Prostitution Laws and Adopt the Swedish Approach to Combat Sex-Trafficking (PDF)
    Emma Lord

    Copyright 2015 Southwestern Law Review 

  7. Vol. 44, No. 2, Spring 2015

    Nancy Kim's Wrap Contracts Symposium

    209
     
    Foreword (PDF)
    Robert A. Hillman
    215 Escaping Toxic Contracts: How We Have Lost the War on Assent in Wrap Contracts (PDF)
    Daniel D. Barnhizer
    231 Norm Shifting By Contract (PDF)
    Zev J. Eigen
    239 Against Contractual Authoritarianism (PDF)
    Shubha Ghosh
    251 Form & Substance in Nancy Kim's Wrap Contracts (PDF)
    Danielle Kie Hart
    265 Challenging the Law Online Southwestern Law Review Symposium on Nancy Kim's Wrap Contracts (PDF)
    Allyson Haynes Stuart
    275 Notice, Assent, and Form in a 140 Character World (PDF)
    Juliet M. Moringiello
    285 Wraps and Copyrights (PDF)
    Deborah Tussey
    297 Preserving Substantive Unconscionability (PDF)
    Dov Waisman
    309 The Wrap Contract Morass (PDF)
    Nancy S. Kim

    Articles

    327 California Putative Spouses: The Innocent, The Guilty, and The Law (PDF)
    Helen Chang
    365 The Sharing Economy: How State and Local Governments are Failing and Why We Need Congress to Get Involved (PDF)
    Josh Krauss
    385 Facebook: The New Town Square (PDF)
    Trevor Puetz
    411 Cleaning House With Rule 41(B): An Empirical Study of the Multi-Factor Tests for Involuntary Dismissals (PDF)
    Almara Sepanian 

    Copyright 2015 Southwestern Law Review

  8. Vol. 44, No. 1, Spring 2015

    Articles

    1
     
    FDA Involvement in Off-Label Use: Debate Between Richard Epstein and Ryan Abbott (PDF)
    Richard Epstein & Ryan Abbott
    27 Title VII: Discriminatory Use of Test Scores Watchdog Evolution of the Regulation Over Employment Test Score Usage from 703(H) to 703(L) (PDF)
    Matthew E. Blakely

    Notes and Comments

    59 I'll Be Your Mirror: Broadening the Concept of Trademark Joint Ownership to Reflect the Developing Collaborative Economy (PDF)
    Matthew A. Alsberg
    97 It's Time to SLAPP Back: Why California's Anti-SLAPP Statute Should Not Apply in Federal Court (PDF)
    Caleb P. Lund
    127 Re-Think Your Ink: Tattoos and Tattooing as a Substantive Due Process Issue (PDF)
    Danielle S. Krauthamer
    149 Combatting Multiforum Shareholder Litigation: A Federal Acceptance of Forum Selection Bylaws (PDF)
    Robert Borowski
    175 Don't Sue Me, I Was Just Lawfully Texting & Drunk When My Autonomous Car Crashed Into You (PDF)
    Orly Ravid

    Copyright 2015 Southwestern Law Review 

  1. Current Members

    Editor-in-Chief
    Rosio Flores

    Managing Editor
    Jasen Talise

    Special Projects Editor
    Samantha Moriarty

    Senior Lead Articles Editor
    Lindsey Walz

    Lead Articles Editors
    Robert Rhoten
    Christina Oh
    Rahat Tariq

    Notes and Comments Editors
    Mina Elmasry
    Andie Johnson
    Justin Renge
    Taylor Condit

    Associate Editors
    Angela Boiadjian
    Jamison Gilmore
    Robert Goldberg
    Matilda Barseghian
    Corey Geiger
    Rudolf Petrosyan

    Staff

    TBD

    Faculty Advisors

    • J. Kelly Strader
    • Arthur McEvoy
  2. Write-On Competition

    To be considered for Law Review or Law Journal membership, students must participate in the Write-on Competition and have completed at least the first-year day, second-year evening, second-year PLEAS/Part-time Day programs or the first year of SCALE. The competition takes place immediately following spring final exams (transfer students should refer to alternate dates below). Details for the 2018 competition will be made available in April/May of that year.

    The Write-on Competition requires submitting a short paper (maximum seven pages, double-spaced) in response to a closed-universe problem. No outside research is permitted, and students may not consult outside sources. Students will only have access to a downloadable copy of the problem from the Law Review and Law Journal Write-on Competition TWEN page.

    All submissions must be submitted through the Law Review and Law Journal Write-on Competition TWEN page. The deadline for submitting a Write-on Competition paper will be strictly enforced. Under no circumstances will the deadline be extended. Neither the Law Review nor the Law Journal are responsible for any difficulties students may face in uploading their submission.

    Please direct questions to: Law Review, Law Journal or the Student Affairs Office.

    The 2018 competition for Transfer Students will be announced. All transfer students must complete the competition on the dates specified. Any transfer students admitted after the competition takes place will not be eligible. More information, including selection criteria for both journals, will be sent to students during the summer.