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Volume 69, Issue 2


Article

Constitutional Administration

by  Ilan Wurman

Administrative law rests on two fictions. The first, the nondelegation doctrine, imagines that Congress does not delegate legislative power to agencies. The second, which flows from the first, is that the administrative state thus exercises only executive power, even if that power sometimes looks legislative or judicial. These fictions are required by a formalist reading…

Article

Ballots for Bullets?

Disabled Veterans and the Right to Vote
by  Rabia Belt

Over 100,000 veterans lived in government-funded homes after the Civil War. Although these veterans sacrificed their bodies for the preservation of the nation, they ultimately lost the right to vote because of their status as residents of charitable institutions. Their disenfranchisement challenges the conventional wisdom that disabled veterans occupied a privileged position in society, politics,…

Article

They Were Here First

American Indian Tribes, Race, and the Constitutional Minimum
by  Sarah Krakoff

In American law, Native nations (denominated in the Constitution and elsewhere as “tribes”) are sovereigns with a direct relationship with the federal government. Tribes’ governmental status situates them differently from other minority groups for many legal purposes, including equal protection analysis. Under current equal protection doctrine, classifications that further the federal government’s unique relationship with…

Note

Local Government Design, Mayoral Leadership, and Law Enforcement Reform

by  Alexander J. Kasner

American cities have become a battleground for civil rights struggles between law enforcement officials and the residents they are sworn to protect. A number of voices have emerged from this conflict, calling for reform of local policing and strategies for litigation-based measures for restitution and deterrence. And yet relatively unnoticed are the very local governments…

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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

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