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Volume 70, Issue 1


Article

Not Merely There to Help the Men

Equal Pay Laws, Collective Rights, and the Making of the Modern Class Action
by  David Freeman Engstrom

Why, in a nation thought pervasively committed to “adversarial legalism,” did mass litigation and, in particular, the class action lawsuit not emerge as significant regulatory tools until at least the 1970s? Standard answers point to New Deal faith in bureaucracy or to an Advisory Committee that was not moved to amend Rule 23 of the…

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Recent Online Essays

Confederate Statute Removal

Certain state governments have adopted statutes that are designed to prevent city governments from eliminating memorials to Confederate forces and leaders. Critics of these controversial statutes generally focus on the moral issue of preserving statues honoring white supremacy. This Essay highlights a different set of concerns: These statutes suppress the speech of cities while compelling…

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The Words Under the Words

The words lawyers choose can change the decisions people make. Psychologists call the mechanics of this change “framing.” They’ve found, for example, that more people will decide to have a surgery if they are told that the “survival rate is 90%” than if they are told that the “mortality rate is 10%”—even though a survival…

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Government Hacking to Light the Dark Web

Risks to International Relations and International Law?

Introduction Government hacking is everywhere. Hackers working for the Russian government broke into computers run by the Democratic National Committee and stole e-mails relating to the 2016 Presidential election. Hackers traced to the Chinese government broke into U.S. government computers and copied personnel files of over 22 million employees. North Korean hackers intruded into Sony…

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Continuities, Ruptures, and Causation in the History of American Legal Culture

Henry Vanderlyn, an antebellum lawyer from the small town of Oxford, New York, whom I discuss in Inventing American Exceptionalism, kept a daily diary for a thirty-year period and was in the habit of regaling visitors with selected readings from his collected thoughts. Confident that his visitors eagerly attended to his every word, Vanderlyn never…

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Exploring the Origins of America’s ‘Adversarial’ Legal Culture

Introduction Amalia D. Kessler’s Inventing American Exceptionalism is a tour de force of historical imagination, analysis, and synthesis. Asking fresh questions that open new vistas of understanding, her book illustrates some of the complex ways that social factors shape legal thinking on matters ranging from arcane procedural technicalities to fundamental institutional assumptions. Changing social and…

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SLR in the News

Justice Thomas cites forthcoming article Who Are ‘Officers of the United States’? in his concurring opinion in NLRB v. SW General, Inc.

Justice Breyer cites Owners, Auctions, and Absolute Priority in Bankruptcy Reorganizations in the majority opinion in Czyzewski v. Jevic Holding Corp.

The New York Times mentions Dan M. Kahan, David A. Hoffman, Donald Braman, Danieli Evans, and Jeffrey J. Rachlinski’s article “They Saw a Protest”: Cognitive Illiberalism and the Speech-Conduct Distinction.

Justice Scalia cites Is Capital Punishment Morally Required? Acts, Omissions, and Life-Life Tradeoffs in his concurring opinion in Glossip v. Gross.

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