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Currently in Print:
Vol. 99, June 2013, Issue 4
Constitutional Privileging
by Michael Coenen
A Constitutional Theory of Habeas Power
by Lee B. Kovarsky
The Science of Exclusion: Race and Social Capital in Housing Policy
by Stephanie M. Stern
The Principal Problem: Towards a More Limited Role for Fiduciary Law in the Nonprofit Sector
by Natalie Brown
In Brief:
Recently Published Items
Noel Canning v. NLRB - Enforcing Basic Constitutional Limits On Presidential Power
Essay by Noel J. Francisco and James M. Burnham

Unequal Treatment of Religious Exercises Under RFRA: Explaining the Outliers in the HHS Mandate Cases
Essay by Mark Rienzi

Protecting Same-Sex Marriage and Religious Liberty
Essay by Douglas Laycock and Thomas C. Berg

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Virginia Law Review Announces Centennial Campaign

May Notes Pool Announcement

Notes Accepted from the March 2013 Notes Pool

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Contact Valerie Listorti

Accentuate the Positive: Are Good Intentions an Effective Way to Minimize Systemic Workplace Bias?  Response
February 28, 2010

IN a recent article, Professor Bartlett argues that modifying legal tools in order to reduce implicit race and gender bias is a worthy goal, but one that is almost certainly unattainable.The modern workplace, in her view, is populated mostly by individuals who are potentially well intentioned and committed to nondiscrimination. Legal "coercion" will threaten their autonomy and sense of personal efficacy, and as a result it will generate a backlash that is more likely to increase workplace bias than to reduce it. Instead of strengthening the law, the most effective way to create workplace fairness is to restructure work in a way that unleashes our better instincts. Doing so will reduce actions that are discriminatory and unlawful. At the same time, it will make us feel better about ourselves.

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Good Scholarly Intentions Do Not Guarantee Good Policy | Response
By Greg Mitchell

PROFESSOR Bartlett has written a bold article pushing back against what might be called inchoate or half-hearted empiricism. The half-hearted empiricist recognizes the value of empirical evidence to help solve a legal problem but, for whatever reason, fails to acknowledge the complexity and uncertainties of the evidence and as a result offers haphazard prescriptions. Professor Bartlett’s article demonstrates what a whole-hearted commitment to empiricism looks like: it involves an engagement with primary sources rather than a reliance on secondary sources (or tertiary sources in the form of law review summaries of secondary sources), a review of research relevant to a problem rather than a review of a subset of research focused on one particular aspect of a problem, and a struggle to find usable prescriptive lessons in a literature that ranges from basic-level research with little obvious real-world application to applied research that can be so situation-specific that its generalizability can be questioned.

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