SLR Online

health-care-cases

Essay

How to Reach the Constitutional Question in the Health Care Cases

by  Daniel J. Hemel  

Although the Supreme Court has agreed to hear three suits challenging the 2010 health care reform legislation, it is not at all clear that the Court will resolve the constitutional questions at stake in those cases. Rather, the Justices may decide that a Reconstruction-era statute, the Tax Anti-Injunction Act (TA-IA), requires them to defer a…

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at-sign-seized

Essay

Don’t Break the Internet

by  Mark Lemley, David S. Levine & David G. Post  

Two bills now pending in Congress—the PROTECT IP Act of 2011 (Protect IP) in the Senate and the Stop Online Piracy Act (SOPA) in the House—represent the latest legislative attempts to address a serious global problem: large-scale online copyright and trademark infringement. Although the bills differ in certain respects, they share an underlying approach and…

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drones-eye-view

Essay

The Drone as Privacy Catalyst

by  M. Ryan Calo  

Associated today with the theatre of war, the widespread domestic use of drones for surveillance seems inevitable. Existing privacy law will not stand in its way. It may be tempting to conclude on this basis that drones will further erode our individual and collective privacy. Yet the opposite may happen. Drones may help restore our…

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statue-of-liberty-sunset

Essay

Sweet Home Alabama?

Immigration and Civil Rights in the “New” South
by  Kevin R. Johnson  

In the next few weeks, the Supreme Court will decide whether to review the constitutionality of Arizona’s high-profile immigration enforcement effort, known popularly as S.B. 1070. Arizona’s law is simply the tip of the iceberg. State legislatures have passed immigration enforcement laws over the last few years at breakneck speed, and, generally speaking, have attempted…

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crashing-stock

Essay

Misconceptions About Lehman Brothers’ Bankruptcy and the Role Derivatives Played

by  Kimberly Summe  

On November 4, 2011, Lehman Brothers’ creditors voted on Lehman Brothers’ liquidation plan, with approval from the bankruptcy court to follow on December 6, 2011. In the three years since the bankruptcy of Lehman Brothers, which was the largest bankruptcy filing in U.S. history, Congress enacted the Dodd-Frank Act to prevent the failure of another…

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arab-spring_0

Essay

Constitutions as Peace Treaties

A Cautionary Tale for the Arab Spring
by  Allen S. Weiner  

The December 2010 self-immolation of 26-year-old Tunisian Mohamed Bouazizi, a desperate response to the debilitating lack of economic opportunities for Tunisia’s youth and the pervasive sense of humiliation engendered by the state’s corrupt and degrading treatment of its citizens, tapped into deep popular frustration in Tunisia and throughout the Middle East. It sparked a series…

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holding-prison-bars

Essay

California’s De Facto Sentencing Commissions

by  Robert Weisberg  

The concept of a sentencing commission as a mechanism for governance of a jurisdiction’s criminal justice system has achieved great prominence in recent years and been the subject of much important commentary. In light of California’s recent passage of A.B. 109, legislation that drastically overhauls the state’s sentencing and correctional systems, now is an ideal…

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hoover-tower-square

Introducing the Stanford Law Review Online

by  Jonathan Abel & James Freedman  

In 1948, Warren Christopher began the inaugural issue of the Stanford Law Review with a note establishing the purpose of the journal. He set out the twin goals that have guided us ever since: the Law Review would seek to provide a valuable publication platform to lawyers and scholars, and an incomparable educational experience to…

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