Stanford Law Review

The Federal Trade Commission (FTC) has long served as America’s default privacy enforcer. Yet for much of its history, the agency relied on self-regulation through a “notice and choice” framework that left the public vulnerable in an era of rampant data collection and digital surveillance. Businesses overwhelmed users with dense privacy notices while amassing and…

This Article explores the forms of public and private governance that facilitate localized corporate domination. Researchers have documented the oppressive employment relationship that characterized historical “company towns,” but few accounts yet have examined these communities as local governments. I use archival research to identify institutional continuities between corporate fiefdoms like industrialist George Pullman’s model town…

The immigration court system—an executive agency that adjudicates hundreds of thousands of deportation cases every year—is experiencing profound crises of undercapacity and politicization of the adjudication process. Adjudicators in the system face extraordinary pressures to rush through cases as quickly as possible, even if that means ignoring material evidence or relying on biased heuristics to…

The existing legal order has failed the American labor movement. The National Labor Relations Act (NLRA) cannot guarantee the rights it promises, and the National Labor Relations Board’s enforcement mechanisms are too weak to ensure compliance. At the same time, federal preemption of labor law—among the broadest in all American law—has foreclosed local and state…

The 2008 financial crisis spurred calls to create a financial system that is more responsive to social needs. Subsequently, scholarly and legislative efforts to develop a more democratic and accountable financial system have focused on public options: postal banking, bank accounts with the Federal Reserve, and a national investment authority. While efforts at the federal…