Stanford Law Review Online

Announcing the Winners of the 2019 Stanford Law Review Online Student Essay Competition

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Immigration to Europe

Response

The Struggle Against Empire Continues

Reflections on Migration as Decolonization
by  Chantal Thomas  

Migration as Decolonization telegraphs the essence of a postcolonial approach to the assertion of sovereign territorial exclusion. Tendayi Achiume’s concept of “de-imperial migration” clarifies and enhances a set of important critiques and should justly impact not just legal scholarship but also broader public discourse. This Response brings out two of the concepts in Migration as Decolonization and relates them to Professor Thomas' earlier discussions of “interconnectedness” between migration-sending and migration-receiving territories.

Volume 72 (2019-2020)

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2019 Student Essay Competition Winner

Influencing the Future

Compensating Children in the Age of Social-Media Influencer Marketing
by  Erin E. O'Neill  

In the age of smartphones, parents frequently take photos and videos of their children—even mundane moments are easy to share with friends and family. But what happens when these photos and videos are made public for any social-media user to see? This Essay proposes ways in which states can regulate online child-centric content by mom-influencers.

Volume 72 (2019-2020)

UVA_v._Penn_State,_Sep._8_2012

2019 Student Essay Competition Winner

Game Changer

Why and How Congress Should Preempt State Student-Athlete Compensation Regimes
by  Justin W. Aimonetti & Christian Talley  

In September 2019, California enacted the Fair Pay to Play Act, a groundbreaking piece of legislation that allows college athletes to profit off their name, image, and likeness. This Essay contends that congressional legislation should expressly preempt competing state regulations, thus restoring national uniformity in college sports. An express preemption provision would both avoid judicial uncertainty about the law’s preemptive scope and ensure a level playing field.

Volume 72 (2019-2020)

We the People

Response

Madison’s Waiver

Can Constitutional Liquidation Be Liquidated?
by  David S. Schwartz  

Professor William Baude’s recent article Constitutional Liquidation outlines such a theory, by which indeterminate constitutional meaning can be “liquidated”—clarified and settled—through a “course of deliberate practice” by non-judicial public officials. Baude’s article makes a good start but leaves certain critical questions unaddressed. If Baude develops his theory further, he will have to analyze numerous examples of non-judicial precedent to define the contours and limits of liquidation.

Volume 72 (2019-2020)

Clarence_Thomas_official_SCOTUS_portrait

Essay

What Justice Thomas Gets Right About Batson

by  Thomas Ward Frampton  

In Flowers v. Mississippi, the Supreme Court vacated the capital conviction of Curtis Flowers; prosecutor Doug Evans was “motivated in substantial part by discriminatory intent” when he used a peremptory strike to exclude a black potential juror, the Court held, violating a prohibition against such conduct first announced in Batson v. Kentucky. Justice Thomas penned a lengthy dissent that has been met with disdain in the popular press. But Justice Thomas’s dissent also gets right many things about the Batson doctrine and race in the courtroom that the Court’s liberal wing has proven loath to confront.

Volume 72 (2019-2020)

The Amazon World Headquarters Campus Spheres USA

Essay

Short-Termism and Antitrust’s Innovation Paradox

by  Joshua P. Zoffer  

Antitrust law has long struggled to account for the role of innovation in economic production. Dynamic factors like capital stock, investment spending, and productivity growth do not lend themselves to neat doctrinal rules or clear regulatory mandates. And the antitrust literature has long treated “innovation” as either the domain of intellectual property law or a black-box variable, rather than the product of specific intracompany organizational and investment decisions.

Volume 71 (2018-2019)

File Folders of Taxes

Essay

Hyperlocal Responses to the SALT Deduction Limitation

by  Manoj Viswanathan  

The Tax Cuts and Jobs Act places a $10,000 limit on the federal deduction for state and local taxes (SALT). Much has been said about state-level responses to this cap, but there has been little analysis of local-level effects or how local governments could similarly respond. This Essay addresses that gap by (1) statistically modeling the number of taxpayers affected by the SALT deduction cap at a ZIP-code level, and (2) proposing locality-based strategies relevant to taxpayers throughout the U.S., not just those living in highly affected states.

Volume 71 (2018-2019)

An empty fenced prison yard with prison behind

Symposium - 2019 - Immigration

Privatized Detention & Immigration Federalism

by  David S. Rubenstein & Pratheepan Gulasekaram  

The vast majority of detained immigrants are held in facilities operated by private corporations. Over the past decade, academics and dedicated advocates have shed critical light on the structural causes and effects of privatized immigration detention, offering a range of policy prescriptions along the way. Until now, however, federalism has been a virtual blind spot in that reformist agenda. Intervening, this Essay draws federalism into the spotlight.

Volume 71 (2018-2019)

Immigrant visa

Symposium - 2019 - Immigration

Crediting Migrants

by  Shayak Sarkar  

Credit facilitates migration, and it may also provide a theoretical framework to understand it. This Essay examines the role of credit and financing in migration by focusing on changes to the “public charge” ground of inadmissibility—American immigration law’s nearly 150-year-old test for prohibiting migration by those financially dependent on governmental assistance.

Volume 71 (2018-2019)

Symposium - 2019 - Immigration

Detention as Deterrence

by  Emily Ryo  

Does immigration detention deter unauthorized migration? The federal government has argued that “one particular individual may be civilly detained for the sake of sending a message” to others “who may be considering immigration.” Emerging empirical research, however, provides little to no evidence that detention has had the type and level of deterrent effect desired by the federal government. Why might this be so? This Essay addresses this question by examining three key “deterrence hurdles” that present challenges to detention as deterrence.

Volume 71 (2018-2019)