Stanford Law Review Seal Stanford Law Review

Most Recent Print Issue

Volume 78, Issue 2

Article

How the EU Sustainability Due Diligence Directive Could Reshape Corporate America

by  Luca Enriques, Matteo Gatti & Roy Shapira

One of the most important developments in corporate governance is the growing divide between the United States and the European Union (EU) on issues of corporate social responsibility. The starkest example of this divide comes from the new EU Directive on Corporate Sustainability Due Diligence (CS3D). The Directive holds large corporations legally accountable for how…

Article

The Brady Materiality Standard

by  Brandon L. Garrett & Adam M. Gershowitz

The Brady doctrine requires prosecutors to disclose all favorable and material evidence to the defense. To effectuate that rule, the U.S. Supreme Court has defined materiality as a “reasonable probability” that the evidence would have affected the outcome at trial. But apart from that definition, the Court has resisted offering any further guidance to lower…

Article

Is History Precedent?

by  Allison Orr Larsen

It has been just over three years since the Supreme Court instructed lower courts to evaluate Second Amendment challenges by examining history and tradition. And it is no secret that the courts have struggled. This Article tackles a phenomenon that is born of that struggle. Overwhelmed by the task of evaluating historical claims, lower courts…

Article

Attention Capitalism: The Law and Political Economy of Attention Markets

by  John M. Newman

Attention has become one of the most heavily extracted and commodified resources in modern market economies. Firms now supply a wide range of everyday digital products and services in exchange for increasingly vast amounts of attention. A techno-deterministic account portrays this as inevitable, the result of abstract “market forces.” But the ongoing shift of activity…

Note

Rule 19 and Tribal Representation in Indian Gaming Litigation

by  Marissa Uri

Since 1988, when Congress passed the Indian Gaming Regulatory Act (IGRA) into law, many Indian tribes have established gaming as a vital source of economic and political sovereignty. The process envisioned by IGRA, however, has allowed private actors to challenge tribal gaming operations by suing state and federal entities that negotiate the gaming operations with…

View Current & Past Print Volumes

Recent Online Essays

The Emerging Firearms Hypocrisy of Terry: The Fifth Circuit in United States v. Wilson

by Aliza Hochman Bloom

Terry v. Ohio’s flexible reasonable-suspicion rule is colliding with the post-Bruen expansion of public carry. In United States v. Wilson, the Fifth Circuit held that suspected concealed gun possession—presumptively lawful in Louisiana—could not alone justify a stop, yet it sustained the seizure by relying on Mr. Wilson’s social associations and arrest history. Professor Hochman Bloom argues this emerging “firearm exceptionalism” elevates guns over other lawful acts and entrenches Terry’s racialized, hindsight-driven policing.

Read Article

A Remedy Inherited: State Law, Universal Vacatur, and the Meaning of “Set Aside”

by Fred Halbhuber

Introduction This past June, in a decision already heralded as marking a “landmark shift in administrative law,” the Supreme Court in Trump v. CASA, Inc. held that federal courts “likely” lacked the power to issue universal injunctions. Universal injunctions, the 6-3 majority concluded, likely exceeded the equitable authority that Congress had bestowed on the federal courts…

Read Article

Threats to Contraception

by Deborah Tuerkheimer

Many question the future of the right to contraception after Dobbs v. Jackson Women’s Health Organization, but Deborah Tuerkheimer argues that the more immediate threats lie beyond the Supreme Court. Contraceptive access is eroding through three interconnected forces: post-Dobbs funding cuts and clinic closures, expanding parental- and conscience-based claims, and misinformation-driven cultural shifts that invite restrictive regulation. Together, these developments imperil contraception even as formal protections remain intact.

Read Article

Protecting Consumers in a Post-Consent World

by Mark A. Lemley

In Charting a New Course on Digital Consumer Protection at the Federal Trade Commission, former FTC Chair Lina Khan and her co-authors Samuel Levine and Stephanie Nguyen set out a fundamentally new regulatory framework for privacy that seeks to move beyond the “notice and consent” paradigm that has dominated privacy law for a generation. They…

Read Article

Tribal Sovereignty, Justice Gorsuch, and the Letter of the Law

by Desmond Mantle

I meant what I said, and I said what I meant. An elephant’s faithful, one hundred percent!  —Dr. Seuss, Horton Hatches the Egg Introduction This Comment seeks to defend Justice Neil Gorsuch’s approach to statutory interpretation, arguing against pragmatist efforts to reduce the Supreme Court’s reliance on textualism and against efforts by fellow self-proclaimed textualists…

Read Article