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Volume 75, Issue 5


The Real Political Question Doctrine

by  Curtis A. Bradley & Eric A. Posner

There have long been debates about the nature, scope, and legitimacy of the political question doctrine, the modern version of which originates with the Supreme Court’s 1962 decision in Baker v. Carr. Despite the differing views, the scholarly commentary has one thing in common: It is focused almost entirely on the Supreme Court. In the…


After Dobbs

History, Tradition, and the Uncertain Future of a Nationwide Abortion Ban
by  Aaron Tang

For many Americans, Dobbs v. Jackson Women’s Health Organization signaled the end of things once thought secure: the constitutional right to reproductive autonomy, a vision of women as equal citizens, and the belief that the Supreme Court could rise above politics to protect cherished liberties. To many anti-abortion groups, however, Dobbs was just the beginning.…


Untangling Laundered Funds

The Tracing Requirement Under 18 U.S.C. § 1957
by  Audrey Spensley

The United States criminalizes money laundering in part through 18 U.S.C. § 1957, which prohibits transactions of over $10,000 that are knowingly made using proceeds derived from specified illegal activities. The statutory requirement that transactions be more than $10,000 raises a complicated issue for courts. In many cases, potential launderers mix or “commingle” both legal…


An Opportunity for Feminist Constitutionalism

Abortion Under State Equal Rights Amendments
by  Grace Kavinsky

Long before the abortion right fell, many people lacked meaningful access to reproductive care. Now, state high courts have an opportunity to revisit their constitutional guarantees with vigor and creativity. Instead of mirroring the Supreme Court’s pre-Dobbs conception of the abortion right, these courts can identify a new abortion right—one based on express guarantees of…

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Recent Online Essays

Monetary Sanctions Thwart Access to Justice

Abstract. The core of the access-to-justice problem is widespread unmet civil legal needs coupled with general disuse of the civil legal system. This Essay posits that monetary sanctions are an important contributing factor to the problem of access to justice. First, monetary sanctions and the unpaid criminal legal debt they produce are engines of “legal…

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Medical-Legal Partnership as a Model for Access to Justice

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.

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Lawyerless Law Development

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.

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Building Radical Hope in the Immigrant City

A Conversation with Jess Andors and Dan Rivera

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.

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The Deserving Poor

In The Fight to Save the Town, Michelle Wilde Anderson chronicles the fights to save four places that are usually put on the undeserving, unworthy side of the line. This Book Symposium aims to elaborate on the stories the book tells, with authors Helaine Olen, Julia Mendoza, Sheila Foster, Jess Andors, and Dan Rivera each reflecting on different towns and individuals featured.

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