Stanford Law Review Online

Syringe_medicine

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)

Constitution_of_the_United_States,_page_1

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)

Old_book_bindings

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)

Dyk Featured Image High Res

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)

del Riego Image

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)

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Symposium – 2023 – Access to Justice

Lawyers Aren’t Rent

by  Juliet M. Brodie and Larisa G. Bowman  

In this Essay, part of Stanford Law Review's 2023 Access to Justice Symposium, Juliet M. Brodie and Larisa G. Bowman argue that most low-income tenants facing eviction do not need a lawyer—they need money to pay rent. They suggest investing in rental assistance programs and non-attorney advocates to save legal resources for cases with factual or legal disputes.

Volume 75 (2022-2023)

Sudeall Image

Symposium – 2023 – Access to Justice

Delegalization

by  Lauren Sudeall  

In this Essay, part of Stanford Law Review's 2023 Access to Justice Symposium, Lauren Sudeall argues that many aspects of the civil legal system systematically disfavor poor litigants. She suggests removing certain types of cases from the legal system altogether, following the logic of decriminalization in the civil sphere.

Volume 75 (2022-2023)

Green Image

Symposium – 2023 – Access to Justice

Civil Justice at the Crossroads

Should Courts Authorize Nonlawyers to Practice Law?
by  Bruce A. Green  

In this Essay, Bruce A. Green describes how a 1917 misdemeanor case charted the course of civil justice in America for over a century and urges state judiciaries to change course. Instead of impeding nonlawyers from helping unrepresented people with their legal problems, as courts have done for more than a century, he argues that courts should use their regulatory authority to let certified paralegals, social workers, and other nonlawyers train to do legal work that they can capably do.

Volume 75 (2022-2023)

scales_of_justice

Symposium – 2023 – Access to Justice

Monetary Sanctions Thwart Access to Justice

by  Karin D. Martin  

Part of Stanford Law Review's symposium on access to justice, Karin Martin argues that monetary sanctions are an important contributing factor to the problem of access to justice. The sanctions simultaneously generate unmade legal needs and deprive people of just solutions.

Volume 75 (2022-2023)