The Review

October 2015, Vol. 115, No. 6

Is the Price Right? An Empirical Study of Fee-Setting in Securities Class Actions

By:  Lynn A. Baker, Michael A. Perino and Charles Silver


Every year, fee awards enable millions of people to obtain access to justice and strengthen the deterrent effect of the law by motivating lawyers to handle class actions. But little research ...READ MORE

Free Exercise Lochnerism

By:  Elizabeth Sepper


In this Article, I identify and critique a phenomenon I call Free Exercise Lochnerism. In promoting corporate religious exemptions from employment and consumer protections, litigants, scholars, and courts are resurrecting Lochner v. New York—a case symbolic of the ...READ MORE

Identity as Proxy

By:  Lauren Sudeall Lucas


As presently constructed, equal protection doctrine is an identity-based jurisprudence, meaning that the level of scrutiny applied to an alleged act of discrimination turns on the identity category at issue. In that sense, equal protection relies on ...READ MORE


America Invents—And so Can You? The Dichotomy of Subject-Matter Eligibility Challenges in Post-Grant Proceedings

By:  Krystina L. Ho


In 2011, Congress passed the Leahy-Smith America Invents Act, a broad-sweeping reform of the American patent system. Within this landmark piece of legislation, Congress created trial-like administrative proceedings as a cost-effective alternative to litigation. Inter partes review ...READ MORE

Rethinking Public Education Litigation Strategy: A Duty-Based Approach to Reform

By:  Rebecca I. Yergin


With a persistent and, in some places, increasing education achievement gap falling along lines of race and class, advocates have often turned to the courts to improve this nation’s public schools.  Public law litigation has historically helped ...READ MORE


Columbia Law Review Notes Selected for Publication

Please join the Columbia Law Review in congratulating the following student authors on their selection for publication in Volumes 115/116 of the Review. . . READ MORE

Announcing the Review's 2015–2016 Administrative Board

Congratulations to the Review’s new leadership! . . . READ MORE