Stanford Law Review Online

Deborah Rhode

Deborah Rhode Memorial

Managing Sudden Death, Grief, and Loss in Close Community

Not Your Usual Law Review Essay
by  Swethaa S. Ballakrishnen  

Deborah Rhode’s intellectual largesse has been central to chronicles of her legacy for good reason. For the innumerable who have encountered her illustrious writing and expansive career, her passing has meant the loss of a visionary thinker and leader: the end of an era, the loss of a giant who, across fields, did not shy from hard questions or difficult analysis when considering ethical ends and law’s true purpose. To junior colleagues, mentees, and students over decades and sites, it has meant the loss of a true champion and path-maker, someone whose favorite use of her letterhead was in service of others. To her collaborators, it has meant the loss of a generous colleague, someone who did not take shortcuts and whose commitments to causes bigger than her were always evident as a reflective and inspiring example.

Volume 74 (2021-2022)

Deborah L. Rhode

Deborah Rhode Memorial

Hard Questions About ‘Soft Skills’

A Celebration of Deborah Rhode’s Scholarship
by  Irene Oritseweyinmi Joe  

This Essay celebrates the life and scholarship of Professor Deborah Rhode by centering her pivotal contributions on character and leadership in the legal profession to the national conversation about criminal justice reform. Deborah unmasked the systemic deficiencies in identifying and informing the character and leadership necessary for the institutional actors of the criminal process. Her contribution to the national discourse requires reformers to ask hard questions about the essential soft skills of those individuals tasked with providing legal representation to the most marginalized among us. As scholarship by transformational scholars and mentors like Deborah Rhode often does, her work inspires conversations about what it means to be an institutional actor in the criminal process. It also leaves a roadmap for those fortunate enough to have worked and learned from her to pursue answers to these questions. Her legacy speaks to both those who seek to advance justice through their practice of law and those who advance our understanding of law by researching the institutions tasked with ensuring systemic integrity in a criminal process that is increasingly coming under criticism.

Volume 74 (2021-2022)

Deborah Rhode

Deborah Rhode Memorial

She Stood Up

The Life and Legacy of Deborah L. Rhode
by  Nora Freeman Engstrom  

If you look closely, you will see an anomaly. There are twenty-seven men and five women pictured. Of the latter, four are in dresses and sitting. One, however, is in pants. And she is standing up. That woman is Deborah L. Rhode. She’s standing because, when she was instructed to sit, she politely but firmly refused. And that, my friends, is the point.

Volume 74 (2021-2022)

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2021 Student Essay Competition Winner

The Chinese Exclusion Cases and Policing in the Fourth Amendment–Free Zone

by  Trillium Chang  

The Chinese Exclusion Cases created a world in which an entire class of noncitizens could be deported or excluded from the United States. Today, the ghost of the Chinese Exclusion Cases is still alive and well, interwoven into the lives of many citizens and noncitizens in the United States. Because of the Plenary Power Doctrine sanctioned by the Chinese Exclusion Cases, two-thirds of the U.S. population live in a Fourth Amendment–free zone where border officials can conduct warrantless searches with impunity. Minority populations, in particular, are subject to constant policing and suspicion: an experience that would not have been foreign to Mr. Chae Chan Ping and Mr. Fong Yue Ting.

Volume 73 (2020-2021)

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2021 Student Essay Competition Winner

Priam’s Folly

United States v. Alvarez and the Fake News Trojan Horse
by  Michael P. Goodyear  

In legal scholarship over the past few years, fake news has been criticized and pondered repeatedly. In many ways, 2020 was a year of reckoning which brought to the fore the myriad problems posed by fake news. This Essay uses the context of 2020 to critique the Supreme Court decision in United States v. Alvarez, the latest Supreme Court ruling on the issue of whether fake news is protected by the First Amendment. Alvarez was decided in 2012, before the true dangers of fake news during the Internet Age were made fully apparent to the public. While Alvarez upheld the noble idea of truth ultimately triumphing in the marketplace of ideas, in reality, Alvarez opened the gates to the pernicious dangers posed by fake news.

Volume 73 (2020-2021)

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Symposium - 2021 - Policing, Race, and Power

Race, School Policing, and Public Health

by  Thalia González  

The central claim of this Essay is that school policing is an obvious public health issue. It sits at the nexus of two critical social determinants of health—education and racism—and requires targeted attention as such. Understanding school policing as a public health issue has significant potential benefits and practical implications, especially for the antiracist health-equity movement.

Volume 73 (2020-2021)

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Symposium - 2021 - Policing, Race, and Power

The Mark of Policing

Race and Criminal Records
by  Eisha Jain  

This Essay argues that racial reckoning in policing should include a racial reckoning in the use of criminal records. Arrests alone—regardless of whether they result in convictions—create criminal records. This Essay employs the sociological framework of marking to show how criminal records entrench racial inequality stemming from policing.

Volume 73 (2020-2021)

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Symposium - 2021 - Policing, Race, and Power

Law and Order as the Foundational
Paradox of the Trump Presidency

by  Trevor George Gardner  

This Essay scrutinizes the feuding between the Trump White House and various federal law enforcement agencies, concurrent with criminal lawbreaking in the Trump Administration, in an effort to extend scholarly understanding of the relationship between law-and-order politics and popular regard for rule-of-law principles.

Volume 73 (2020-2021)

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Symposium - 2021 - Policing, Race, and Power

To ‘Defund’ the Police

by  Jessica M. Eaglin  

Much public debate circles around grassroots activists’ demand to “defund the police,” raised in public consciousness in the summer of 2020. Yet confusion about the demand is pervasive. This Essay adopts a literal interpretation of “defund” to clarify and distinguish four alternative, substantive policy positions that legal reforms related to police funding can validate. It argues that the policy debates between these positions exist on top of the ideological critique launched by grassroots activists, who use the term “defund the police” as a discursive tactic to make visible deeper transformations in government practices that normalize the structural marginalization of black people enforced through criminal law.

Volume 73 (2020-2021)

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Reply

Medical Civil Rights as a Site of Activism

A Reply to Critics
by  Craig Konnoth  

Many continue to diagnose civil rights problems and their solutions using medical frames. Are these policymakers, backed by activists, wrong to do so? The answer, according to legal scholarship that has explicitly considered the question, seems to be yes. While the legal scholarship has emphasized the harms of using medical discourse, it has not explicitly considered its benefits across social movements—and there are several. Rather than suggest that these activists have miscalculated, this Reply seeks to understand why activists and policymakers have deployed medical frames. Further, recognizing that medical discourse and the rights—and burdens—it produces are malleable, this Reply seeks to explore ways in which to further its social justice possibilities.

Volume 73 (2020-2021)