Lincoln L. Davies and Stephanie Lenhart warn that the energy future of the Western United States will be determined by the choices California makes over the next two years. Davies and Lenhart urge California to move towards a regional western electricity market to improve energy efficiency, reliability, and sustainability, and to avoid isolating California’s electricity market.
In his response to Ohio Attorney General Dave Yost and former Ohio Solicitor General Benjamin Flowers, Jaden Lessnick argues that the federal sentence-reduction statute (18 U.S.C. § 3582(c)(1)(A)) is not preempted by the presidential pardon power. Lessnick contends that the statute does not offend the traditional separation-of-powers principle, and preemption is not justified under the unitary executive theory.
Prof. Kim Forde-Mazrui of the University of Virginia responds to Sonja Starr’s print Article, The Magnet School Wars and the Future of Colorblindness. Forde-Mazrui argues that even if courts adopt the “ends-colorblindness” framework described by Starr, “alternative action” policies meant to promote diversity may still be constitutionally permissible.
Access to justice has become a defining legal and political issue. In this Essay, Nora Freeman Engstrom and David Freeman Engstrom work to identify the cause of the Access to Justice Crisis.
The mugshot taken of Donald Trump in connection with his Georgia criminal prosecution has become one of the defining political images of the time. In this Essay, Cathay Y. N. Smith discusses who owns the copyright to this iconic photo.
In this response piece to the Abortion Pills piece in the Stanford Law Review, Prof. Susan Morse and Leah Butterfield of the University of Texas explain why most administrative challenges to abortion pill regulations are untimely.
In recent months, California and Washington have enacted statutes forbidding private corporations in their states from cooperating with other states’ efforts to enforce abortion bans. In this Essay, Haley Amster argues that such “blocking laws” do not violate the Full Faith and Credit Clause, and are constitutionally permissible.
The statute governing obstruction of an official proceeding—one of the charges brought against January 6 defendants and then-President Trump—faces a moment of reckoning. This Essay by Stanford J.D. candidate Jennifer L. Portis identifies a novel interpretation: § 1512(c)(2) reaches only direct obstruction, not those individuals who obstruct the official proceeding through another person's conduct.
In this Essay, Aliya Sternstein of Georgetown University Law Center argues that an international body must set a standard, five-year window, after an emergency vaccine is administered and when the recipient can seek compensation for an injury. Sternstein further argues that emergency vaccine developers should receive immunity against liabilities except for willful misconduct.
In this Essay, Prof. John J. Martin of the University of Virginia School of Law argues for a Congressional Incapacity Amendment to the Constitution, modeled on the Twenty-Fifth Amendment's provisions for Presidential incapacity.
In this Essay, Prof. Jacob D. Charles of Pepperdine University Caruso School of Law considers the use of history and tradition in firearm regulation following the Supreme Court's Bruen decision. He argues that courts should use an "Abstraction Approach" in considering historical analogues to modern regulations.
In this Essay, Judge Timothy B. Dyk of the U.S. Court of Appeals for the Federal Circuit considers appellate courts' use of information from outside the factual record, i.e. "non-adjudicative facts," when making decisions. Although this practice is commonplace and often harmless, the Essay notes the greater potential for incorrect conclusions when relying on facts outside the record. It urges judges to use non-adjudicative facts with caution, and carefully verify them to avoid serious error.
Class actions are plagued by poor communication between class counsel and the masses of unnamed class members. In this Essay, Professors Alissa del Riego and Joseph Avery propose that these barriers be overcome by using the new technical capabilities of artificial intelligence, and by adding an express duty to communicate to the Federal Rules of Civil Procedure.
In this Essay, part of Stanford Law Review's 2023 Access to Justice Symposium, Juliet M. Brodie and Larisa G. Bowman argue that most low-income tenants facing eviction do not need a lawyer—they need money to pay rent. They suggest investing in rental assistance programs and non-attorney advocates to save legal resources for cases with factual or legal disputes.
In this Essay, part of Stanford Law Review's 2023 Access to Justice Symposium, Lauren Sudeall argues that many aspects of the civil legal system systematically disfavor poor litigants. She suggests removing certain types of cases from the legal system altogether, following the logic of decriminalization in the civil sphere.
In this Essay, Bruce A. Green describes how a 1917 misdemeanor case charted the course of civil justice in America for over a century and urges state judiciaries to change course. Instead of impeding nonlawyers from helping unrepresented people with their legal problems, as courts have done for more than a century, he argues that courts should use their regulatory authority to let certified paralegals, social workers, and other nonlawyers train to do legal work that they can capably do.
Part of Stanford Law Review's symposium on access to justice, Karin Martin argues that monetary sanctions are an important contributing factor to the problem of access to justice. The sanctions simultaneously generate unmade legal needs and deprive people of just solutions.
As part of Stanford Law Review's 2023 Symposium on Access to Justice, this Essay explains how medical-legal partnerships--community-based programs that embed lawyers within healthcare teams--offer a promising model to address our country's justice gap. By using trusted institutions to connect people to the resources they need and embracing a bottom-up "patients-to-policy" approach, medical legal partnerships demonstrate how interdisciplinary collaborations can effect transformative change and advance substantive justice.
Part of Stanford Law Review's 2023 Symposium on Access to Justice, this Essay explores how lawyerless state civil courts operate in unique ways, countering conventional understandings of how law is developed in a court system. The Essay highlights how patterns of law development within state trial courts can either counter or reinforce inequality, and how important it is for scholars and policymakers to first understand how these courts, which are integral to our system, work.
In The Fight to Save the Town, Michelle Wilde Anderson captures how the idea of narrative is inextricable from the intertwined problems of economic collapse, poverty, divestment, and racism. By shining a light on small victories in the places in the country where progress is not expected like Lawrence, Massachusetts, the book tells people in similar places that progress is possible.
