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Announcement

The schedule for the Stanford Law Review’s 2017 Symposium, Raising the Bar: Lawyers and Leadership, is now available.

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Most Recent Print Issue

Volume 68, Issue 6


Article

Three Tests for Practical Evaluation of Partisan Gerrymandering

by  Samuel S.-H. Wang

Since the U.S. Supreme Court’s Davis v. Bandemer ruling in 1986, partisan gerrymandering for statewide electoral advantage has been held to be justiciable. The existing Supreme Court standard, culminating in Vieth v. Jubelirer and LULAC v. Perry, holds that a test for gerrymandering should demonstrate both intents and effects and that partisan gerrymandering may be…

Article

Race, Place, and Power

by  Nicholas O. Stephanopoulos

A generation ago, the Supreme Court upended the voting rights world. In the breakthrough case of Thornburg v. Gingles, the Court held that minority groups that are residentially segregated and electorally polarized are entitled to districts in which they can elect their preferred candidates. But while the legal standard for vote dilution has been clear…

Article

The Long Shadow of Bush v. Gore

Judicial Partisanship in Election Cases
by  Michael S. Kang & Joanna M. Shepherd

Bush v. Gore decided a presidential election and is the most dramatic election case in our lifetime, but cases like it are decided every year at the state level. Ordinary state courts regularly decide questions of election rules and administration that effectively determine electoral outcomes hanging immediately in the balance. Election cases like Bush v. Gore…

Article

Revisiting Public Opinion on Voter Identification and Voter Fraud in an Era of Increasing Partisan Polarization

by  Charles Stewart III, Stephen Ansolabehere & Nathaniel Persily

This Article updates previous findings concerning the relationship between voter identification laws and perceptions of voter fraud. Courts have established that voter identification laws can be justified as measures that safeguard “voter confidence.” We demonstrate once again, but with the benefit of new survey data, that people who live in states with voter identification laws…

Article

Contemporary Voting Rights Controversies Through the Lens of Disability

by  Rabia Belt

People with disabilities are the ticking time bomb of the electorate. An estimated thirty to thirty-five percent of all voters in the next twenty-five years will need some form of accommodation. Despite the significant and growing population of voters with disabilities, they do not vote in proportion to their numbers. We can consider voters with…

Article

Do Americans Prefer Coethnic Representation?

The Impact of Race on House Incumbent Evaluations
by  Stephen Ansolabehere & Bernard L. Fraga

Theories of representation often assert that citizens prefer representatives who are of the same racial or ethnic background as themselves. Examining surveys of over 80,000 individuals, this Article quantifies the preference for coethnic representation among whites, blacks, and Hispanics. The large sample size provides sufficient statistical power to study constituents in districts with minority representatives,…

Article

Election Law’s Path in the Roberts Court’s First Decade

A Sharp Right Turn but with Speed Bumps and Surprising Twists
by  Richard L. Hasen

The first decade of election law cases at the Supreme Court under the leadership of Chief Justice Roberts brought election law down a strongly conservative path in cases involving issues from campaign finance to voting rights to election administration. Nonetheless, the Roberts Court, while dominated by a majority of five conservative Justices until the recent…

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Recent Online Essays

Gotta Collect It All!

Surveillance Law Lessons of Pokémon Go

Days after the release of the mobile game Pokémon Go, a privacy flap ensued from press reports revealing that users on Apple phones who logged in through a Google account had unwittingly granted the developer, Niantic, access to their entire Google account. Moreover, the application’s (app’s) privacy policy allowed Niantic to disclose any information it…

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A Loophole Large Enough to Drive an Autonomous Vehicle Through

The ADA’s “New Van” Provision and the Future of Access to Transportation

“If it looks like a duck, and quacks like a duck, we have at least to consider the possibility that we have a small aquatic bird of the family Anatidœ on our hands.” —Douglas Adams Introduction In August 2016, Uber startled the world by announcing that its customers would soon have a small chance of…

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The Genius of the Personal Benefit Test

Introduction On October 5, when the U.S. Supreme Court hears Salman v. United States, it will focus on the role of the “personal benefit” test in insider trading law for the first time since the test was established in the now iconic 1983 case Dirks v. SEC. Dirks reaffirmed the principle that trading on the…

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The SEC, Administrative Usurpation, and Insider Trading

The history of insider trading law is a tale of administrative usurpation and legislative acquiescence. Congress has never enacted a prohibition against insider trading, much less defined it. Instead, the SEC has led in defining insider trading, albeit without the formality of rulemaking, and subject to varying degrees of oversight by the courts. The reason…

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Family Ties

Salman and the Scope of Insider Trading

Introduction This fall, the U.S. Supreme Court will hear argument in Salman v. United States to consider the scope of insider trading liability under the federal securities laws. Specifically, the Court will consider the legal standard for tippee liability, a standard that it first articulated in its 1983 decision in Dirks v. SEC. Dirks considered…

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Featured Topic in the Law

Juries

This term, the Supreme Court heard what stands to be a landmark case in the area of jury deliberations. We've pulled from the Stanford Law Review archives research on the jury and its role.

Evidentiary Instructions and the Jury as Other

The American Jury

Federalism and the State Civil Jury Rights

Pulling the Plug on the Virtual Jury