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Volume 69, Issue 4


Article

Parochial Procedure

by  Maggie Gardner

The federal courts are often accused of being too parochial, favoring U.S. parties over foreigners and U.S. law over relevant foreign or international law. According to what this Article terms the “parochial critique,” the courts’ U.S.-centrism generates unnecessary friction with allies, regulatory conflict, and access-to-justice gaps. This parochialism is assumed to reflect the preferences of…

Article

The New Look of Deal Protection

by  Fernán Restrepo & Guhan Subramanian

Deal protection in mergers and acquisitions (M&A) deals evolves in response to Delaware case law and the business goals of acquirers and targets. We construct a new sample of M&A deals from 2003 to 2015 to identify four such areas of evolution in current transactional practice: (1) termination fee “creep,” which was pervasive in the…

Article

Searching Places Unknown

Law Enforcement Jurisdiction on the Dark Web
by  Ahmed Ghappour

The use of hacking tools by law enforcement to pursue criminal suspects who have anonymized their communications on the dark web presents a looming flashpoint between criminal procedure and international law. Criminal actors who use the dark web (for instance, to commit crimes or to evade authorities) obscure digital footprints left behind with third parties,…

Note

What Is Fourth Amendment Contraband?

by  Ben Adams

The Supreme Court has held that the sniff of a trained drug detection dog is not a “search” under the Fourth Amendment because the dog does no more than reveal the existence of “contraband.” As technology advances, courts will have to confront new forms of purported “contraband-only” investigative techniques, ranging from “hash” searches for child…

Note

Refugee Resettlement Federalism

by  James Y. Xi

The Refugee Act of 1980 provides state and local officials with a robust role in determining where refugees are resettled. The Act states, for example, that policies and strategies for the placement and resettlement of refugees in the United States must be developed in consultation with representatives of state and local governments. Likewise, the Act…

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Announcement

Read the Stanford Law Review Online’s Nominee Spotlight on Judge Neil M. Gorsuch, analyzing twelve areas of his jurisprudence.

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Recent Online Essays

Transformative Use in Software

Introduction Fair use is copyright law’s most important defense against claims of copyright infringement. Major corporations depend on it to pursue a variety of technological innovations; universities rely on it for a number of educational purposes; and innovative parties frequently resort to it in creating works that build upon the creativity of others. In short,…

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A Better Way to Revive Glass-Steagall

Introduction The financial crisis of 2007-2008 repeatedly forced regulators to face terrible choices between risking catastrophic contagion by letting particular firms or markets fail, and intervening to bail them out. One explanation of why these dilemmas arose was that financial firms were “too big to fail.” Nearly a decade after the onset of the crisis,…

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‘Cadillac Compliance’ Breakdown

Introduction The recent defeat device scandal at Volkswagen, in which VW engineers created and installed a computer algorithm to cheat emissions testing on over eleven million automobiles, brings together two things I spend time thinking about: white collar crime and cars. While that may seem like an odd combination, VW’s troubles happen to marry my…

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Before the Robe

Judge Neil M. Gorsuch

The Honorable Neil M. Gorsuch was not the distinguished silver-haired jurist we see now when he walked through the doors of our start-up law firm in the fall of 1995. He was, like the other supremely talented young lawyers we hired to help us build a practice in the attorney-infested (or should I say shark-infested?)…

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A Personal Reflection on Judge Neil M. Gorsuch from a Former Colleague

I served with Judge Neil Gorsuch on the Court of Appeals for the Tenth Circuit for over three years, before I left the bench to teach constitutional law at Stanford. I sat with him in about fifty cases. Sometimes we disagreed, strongly. More often, we agreed. I want to share my impressions of Judge Gorsuch…

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Featured Topic in the Law

Deference to Agency Interpretations

With upcoming Supreme Court cases, recent bills, and the new Supreme Court nomination, judicial deference to agency interpretations has come under scrutiny. Here are a few pieces from the Stanford Law Review archives on the issue.

Constitutional Administration

Refugee Roulette

Refugee Roulette in an Administrative Law Context

Inside Agency Statutory Interpretation