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

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Most Recent Print Issue

Volume 69, Issue 3


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Shirley Mount Hufstedler

The Stanford Law Review  dedicates this issue to one of the most distinguished graduates of Stanford Law School, Shirley Mount Hufstedler: U.S. Secretary of Education, federal judge, attorney, and advocate. Her pioneering life shines as an inspiring example of the power of persistence, brilliance, and adventurousness. Secretary Hufstedler passed away on March 30, 2016. The…

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Remembering Shirley Hufstedler

by  Jimmy Carter

When I became President, one of my top priorities was to establish the Department of Education. Prior to that time, the crucial need for an independent and viable department was obvious, as it was buried under the Department of Health and Welfare. There were long and intense debates in the U.S. Congress, and finally the…

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In Memory of Shirley Mount Hufstedler

by  Ruth Bader Ginsburg

I appreciate this opportunity to recall the most Honorable Shirley Mount Hufstedler, a woman whose bright mind was well matched by her caring heart. Shirley Hufstedler had several careers in or involving the law—skilled practitioner, sage judge at trial and on appeal, fine teacher, perceptive scholar, and innovative member of the President’s cabinet at the…

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Shirley M. Hufstedler

by  Dorothy W. Nelson

Shirley Hufstedler and I were friends in the vineyards of law reform, judicial administration, and legal education for over fifty years. Therefore, it was a thrill for me to inherit her judicial chambers when I was appointed to the Ninth Circuit Court of Appeals by President Carter and she went on to become his Secretary…

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In Memory of Shirley Mount Hufstedler

by  Dennis M. Perluss

Both the federal judiciary and Harvard Law School were male-dominated institutions when, as a second-year law student, I first encountered Shirley Hufstedler in the fall of 1971. Judge Hufstedler was the only woman sitting on a United States Court of Appeals anywhere in the country and only the second woman ever to do so: Florence…

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Shirley Mount Hufstedler, Pioneer

by  Janet Cooper Alexander

Shirley Hufstedler was a tiny woman, but in every other way she was a giant—intellectually, legally, morally. She was a feminist legal pioneer. One of only two female graduates of the Stanford Law School class of 1949, she became in 1961 the only woman among 120 California state trial judges and in 1966 became one of two…

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The Judge Who Climbed Mountains

by  Robert V. Percival

Shirley and Seth Hufstedler loved to climb mountains. The week before the U.S. Department of Education opened its doors in 1980, a profile of them reported that their “favorite hobby is mountain climbing” and noted they had made five trips to the Nepalese Himalayas. When interviewed decades later, Shirley Hufstedler fondly recalled how she and Seth…

Article

Courtesy Paratexts

Informal Publishing Norms and the Copyright Vacuum in Nineteenth-Century America
by  Robert Spoo

In response to the failure of U.S. copyright law to protect foreign authors, nineteenth-century American publishers evolved an informal practice called the “courtesy of the trade” as a way to mitigate the public goods problem posed by a large and ever-growing commons of foreign works. Trade courtesy was a shared strategy for regulating potentially destructive…

Article

The Downstream Consequences of Misdemeanor Pretrial Detention

by  Paul Heaton, Sandra Mayson & Megan Stevenson

In misdemeanor cases, pretrial detention poses a particular problem because it may induce innocent defendants to plead guilty in order to exit jail, potentially creating widespread error in case adjudication. While practitioners have long recognized this possibility, empirical evidence on the downstream impacts of pretrial detention on misdemeanor defendants and their cases remains limited. This…

Article

Questioning Marks

Plurality Decisions and Precedential Constraint
by  Ryan C. Williams

Understanding the precedential significance of Supreme Court plurality decisions is a task that has long confounded lower court judges. Surprisingly, the Supreme Court has offered little direct guidance on this question apart from a single sentence in Marks v. United States, which instructed that where the Justices fail to converge on a single majority rationale,…

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Lost in the Cloud

Cloud Storage, Privacy, and Suggestions for Protecting Users’ Data
by  Eric Johnson

In the digital age, users store vast amounts of data—often data considered to be private—in the cloud. The privacy of this data is increasingly determined by the policies of the companies storing it. But how does the law currently protect that data from law enforcement? Do users maintain a reasonable expectation of privacy in the…

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Experts in the Jury Room

When Personal Experience Is Extraneous Information
by  Kristin A. Liska

The introduction of extraneous information into the jury room has been recognized by courts as posing a potential threat to the due process rights of litigants and the Sixth Amendment rights of criminal defendants. At the same time, however, courts encourage jurors to use their prior experience and common sense as a means of analyzing…

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Recent Online Essays

‘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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Mainstream Jurisprudence and Some First Amendment Problems

Judge Neil M. Gorsuch on Free Expression

Introduction On the 2016 campaign trail, then-candidate Donald Trump promised he would pick a Supreme Court nominee in the mold of the late Justice Antonin Scalia. To this end, President Trump narrowed his candidate shortlist to three federal appellate judges who had the approval of the Heritage Foundation and Federalist Society, and whom the press…

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Judge Gorsuch and Free Exercise

Introduction This Essay examines how Judge Gorsuch, if confirmed, would approach religious freedom cases. It first looks at two free exercise cases Judge Gorsuch has participated in. Then it extracts principles from those cases and from his other writings that help explain how a Justice Gorsuch might contextualize religious freedom claims. Finally, it applies those…

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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