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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
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Recent Online Essays

The Costs of Aggregating Administrative Claims

Introduction Aggregation has emerged in the past few years as a critical tool by which agencies can quickly resolve groups of claims that would otherwise languish for years in bureaucratic limbo. The idea is simple: Consolidating many similar claims in a single proceeding would help agencies process claims more quickly, efficiently, and fairly. But aggregation…

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The Faulty Frequency Hypothesis

Difficulties in Operationalizing Ordinary Meaning Through Corpus Linguistics

Introduction Promising to inject empirical rigor into the enterprise of statutory interpretation, corpus linguistics has, over the past couple years, taken the legal academy by storm. A product of linguistics departments, corpus linguistics is an empirical approach to the study of language through the use of large, electronic, and searchable databases of text called corpora.…

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Blockchain’s Big Hurdle

Blockchain technology can maintain accurate chains of title to securities and other legal instruments in a reliable electronic form. As private industries begin to recognize the cost-saving and risk-reducing potential of this technology, state legislatures are responding. Arizona’s H.B. 2417 is a prototypical state solution. In essence, the law requires parties to treat blockchain-secured records,…

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Leidos and the Roberts Court’s Improvident Securities Law Docket

For its October 2017 term, the U.S. Supreme Court took up a noteworthy securities law case, Leidos, Inc. v. Indiana Public Retirement System. The legal question presented in Leidos was whether a failure to comply with a regulation issued by the Securities and Exchange Commission (SEC), Item 303 of Regulation S-K (Item 303), can be grounds for a…

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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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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