Stanford Law Review Online

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The Pardon Power and Federal Sentence-Reduction Motions: A Response to Yost and Flowers

by  Jaden M. Lessnick  

In his response to Ohio Attorney General Dave Yost and former Ohio Solicitor General Benjamin Flowers, Jaden Lessnick argues that the federal sentence-reduction statute (18 U.S.C. § 3582(c)(1)(A)) is not preempted by the presidential pardon power. Lessnick contends that the statute does not offend the traditional separation-of-powers principle, and preemption is not justified under the unitary executive theory.

Volume 77 (2024-2025)

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Response

Alternative Action After SFFA

by  Kim Forde-Mazrui  

Prof. Kim Forde-Mazrui of the University of Virginia responds to Sonja Starr’s print Article, The Magnet School Wars and the Future of Colorblindness. Forde-Mazrui argues that even if courts adopt the “ends-colorblindness” framework described by Starr, “alternative action” policies meant to promote diversity may still be constitutionally permissible.

Volume 76 (2023-2024)

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Symposium – 2023 – Access to Justice

The Making of the A2J Crisis

by  Nora Freeman Engstrom & David Freeman Engstrom  

Access to justice has become a defining legal and political issue. In this Essay, Nora Freeman Engstrom and David Freeman Engstrom work to identify the cause of the Access to Justice Crisis.

Volume 75 (2022-2023)

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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)