The history of insider trading law is a tale of administrative usurpation and legislative acquiescence. Congress has never enacted a prohibition against insider trading, much less defined it. Instead, ...
If Section 21 had targeted not only deposits, but also any instruments designed to serve the same economic function as deposits, its enforcement would have gone a long way to eliminating the key ...
The recent defeat device scandal at Volkswagen, in which VW engineers created and installed a computer algorithm to cheat emissions testing on over eleven million automobiles, brings together two ...
And yet. Behind it all—behind Justice Thomas’s steadfast refusal to see racial bias at work even when confronting “the extraordinary facts” (Justice Kavanaugh’s words) of Flowers’s case—there is more ...
The Administrative Procedure Act (APA) is the “bill of rights” of the modern administrative state. Passed by Congress and signed by President Truman in 1946, the APA establishes the central framework ...
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In the first 100 days of his second term, President Donald Trump made a bid for stronger presidential control over federal spending. One key feature of this “appropriations presidentialism,” as two ...
A Note for Readers: Adversarial collaborations are written by scholars who hold opposing views on their topic—together, they write one Essay to clarify points of agreement, precisely identify areas of ...
Immigration detention in the U.S. is civil confinement for which the officially stated purpose is to facilitate the removal of individuals who do not have permission to remain in the country. With ...
This Essay argues that legal challenges to Trump’s restrictive immigration policies should call out white nationalism as the underlying harm, both through raising equal protection claims and in ...
The Stanford Law Review is a legal publication run by Stanford Law School students since 1948, providing expert legal scholarship, analysis, and commentary.
The landscape of American history is littered with facially racist, misogynistic, homophobic, xenophobic, and other demeaning, marginalizing, and subordinating laws. Many more facially neutral laws ...