Stanford Law Review Online

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Essay

The Criminally Complicated Copyright Questions about Trump’s Mugshot

by  Cathay Y. N. Smith  

The mugshot taken of Donald Trump in connection with his Georgia criminal prosecution has become one of the defining political images of the time. In this Essay, Cathay Y. N. Smith discusses who owns the copyright to this iconic photo.

Volume 76 (2023-2024)

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Response

Too Late: Why Most Abortion Pill Administrative Procedure Challenges Are Untimely

by  Susan C. Morse & Leah R. Butterfield  

In this response piece to the Abortion Pills piece in the Stanford Law Review, Prof. Susan Morse and Leah Butterfield of the University of Texas explain why most administrative challenges to abortion pill regulations are untimely.

Volume 76 (2023-2024)

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Essay

Abortion, Blocking Laws, and the Full Faith and Credit Clause

by  Haley Amster  

In recent months, California and Washington have enacted statutes forbidding private corporations in their states from cooperating with other states’ efforts to enforce abortion bans. In this Essay, Haley Amster argues that such “blocking laws” do not violate the Full Faith and Credit Clause, and are constitutionally permissible.

Volume 76 (2023-2024)

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Essay

Interpreting Obstruction: The Capitol Riot & Donald Trump

by  Jennifer L. Portis  

The statute governing obstruction of an official proceeding—one of the charges brought against January 6 defendants and then-President Trump—faces a moment of reckoning. This Essay by Stanford J.D. candidate Jennifer L. Portis identifies a novel interpretation: § 1512(c)(2) reaches only direct obstruction, not those individuals who obstruct the official proceeding through another person's conduct.

Volume 76 (2023-2024)

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Essay

Long-Term Immunity: Protecting Drug Developers from Liability for Late–Occurring Serious Reactions to Emergency Vaccines

by  Aliya Sternstein  

In this Essay, Aliya Sternstein of Georgetown University Law Center argues that an international body must set a standard, five-year window, after an emergency vaccine is administered and when the recipient can seek compensation for an injury. Sternstein further argues that emergency vaccine developers should receive immunity against liabilities except for willful misconduct.

Volume 76 (2023-2024)

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Essay

A Congressional Incapacity Amendment to the United States Constitution

by  John J. Martin  

In this Essay, Prof. John J. Martin of the University of Virginia School of Law argues for a Congressional Incapacity Amendment to the Constitution, modeled on the Twenty-Fifth Amendment's provisions for Presidential incapacity.

Volume 76 (2023-2024)

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Essay

On Sordid Sources in Second Amendment Litigation

by  Jacob D. Charles  

In this Essay, Prof. Jacob D. Charles of Pepperdine University Caruso School of Law considers the use of history and tradition in firearm regulation following the Supreme Court's Bruen decision. He argues that courts should use an "Abstraction Approach" in considering historical analogues to modern regulations.

Volume 76 (2023-2024)

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Essay

The Role of Non-Adjudicative Facts in Judicial Decisionmaking

by  Timothy B. Dyk  

In this Essay, Judge Timothy B. Dyk of the U.S. Court of Appeals for the Federal Circuit considers appellate courts' use of information from outside the factual record, i.e. "non-adjudicative facts," when making decisions. Although this practice is commonplace and often harmless, the Essay notes the greater potential for incorrect conclusions when relying on facts outside the record. It urges judges to use non-adjudicative facts with caution, and carefully verify them to avoid serious error.

Volume 76 (2023-2024)

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Essay

The Class Action Megaphone

Empowering Class Members with an Empirical Voice
by  Alissa del Riego & Joseph Avery  

Class actions are plagued by poor communication between class counsel and the masses of unnamed class members. In this Essay, Professors Alissa del Riego and Joseph Avery propose that these barriers be overcome by using the new technical capabilities of artificial intelligence, and by adding an express duty to communicate to the Federal Rules of Civil Procedure.

Volume 76 (2023-2024)