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TO 'DEFUND' THE POLICE By recognizing this socially contextualized meaning to the call to defund the police, this Essay offers two important insights for the public in this current moment. First, it urges the public to confront the structural marginalization of black people when MIGRATION AS DECOLONIZATION This Article challenges existing approaches to one particularly contentious form of international migration, as an important first step toward a novel and more ethical way of approaching problems of the movement of people across national borders. The prevailing doctrine of state sovereignty under international law today is that itentails the
HOW MEDICALIZATION OF CIVIL RIGHTS COULD DISAPPOINT A Note for Readers: In this Response, Allison K. Hoffman discusses Craig Konnoth’s recent Stanford Law Review Article Medicalization and the New Civil Rights. Konnoth’s Article can be found here. You can also find a response by Rabia Belt and Doron Dorfman here.. Craig Konnoth’s article, Medicalization and the New Civil Rights, 1 Open this footnote Close this footnote 1 Craig Konnoth A THEORY OF CRIMINAL VICTIMIZATION KLEINFELD 65 STAN.L. REV. 1087.DOC (DO NOT DELETE) 5/6/2013 7:09 AM 1087 A THEORY OF CRIMINAL VICTIMIZATION Joshua Kleinfeld* Criminal punishment is systematically harsher, given an otherwise fixed crime, where victims are vulnerable or innocent, and systematically lessharsh
STANFORD LAW REVIEW
Single-Firm Event Studies, Securities Fraud, and Financial Crisis 68 STAN.L. REV. 1207 (2016) 1209 Introduction An event study is a technique used to analyze the effect of a predeterminedCYNTHIA BARMORE
450 STANFORD LAW REVIEW IS DATA SPEECH? 59 knowledge.2 But if a city repainted the barrier, we would not interpret this as a decision related to speech. Likewise a crack in the sidewalk might tell the story of a frost, but a municipal ordinance requiring property owners to maintainTHE BRADY COLLOQUY
67 STAN.L. REV.ONLINE 47 September 2, 2014 47 THE BRADY COLLOQUY Jason Kreag* INTRODUCTION Ensuring that prosecutors comply with their ethical and due process disclo-sure requirements has been a distinctly vexing problem for the criminal justice HOME | STANFORD LAW REVIEW 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 CONTRACTS AND COVID-19 The COVID-19 pandemic of 2020 has upset contractual expectations around the country and the world. As with other natural disasters, the common law doctrines of Impossibility and Restitution will apply to contracts upended by the coronavirus pandemic and related government orders. If a contract contains a Force Majeure clause, however, theterms
TO 'DEFUND' THE POLICE By recognizing this socially contextualized meaning to the call to defund the police, this Essay offers two important insights for the public in this current moment. First, it urges the public to confront the structural marginalization of black people when MIGRATION AS DECOLONIZATION This Article challenges existing approaches to one particularly contentious form of international migration, as an important first step toward a novel and more ethical way of approaching problems of the movement of people across national borders. The prevailing doctrine of state sovereignty under international law today is that itentails the
HOW MEDICALIZATION OF CIVIL RIGHTS COULD DISAPPOINT A Note for Readers: In this Response, Allison K. Hoffman discusses Craig Konnoth’s recent Stanford Law Review Article Medicalization and the New Civil Rights. Konnoth’s Article can be found here. You can also find a response by Rabia Belt and Doron Dorfman here.. Craig Konnoth’s article, Medicalization and the New Civil Rights, 1 Open this footnote Close this footnote 1 Craig Konnoth A THEORY OF CRIMINAL VICTIMIZATION KLEINFELD 65 STAN.L. REV. 1087.DOC (DO NOT DELETE) 5/6/2013 7:09 AM 1087 A THEORY OF CRIMINAL VICTIMIZATION Joshua Kleinfeld* Criminal punishment is systematically harsher, given an otherwise fixed crime, where victims are vulnerable or innocent, and systematically lessharsh
STANFORD LAW REVIEW
Single-Firm Event Studies, Securities Fraud, and Financial Crisis 68 STAN.L. REV. 1207 (2016) 1209 Introduction An event study is a technique used to analyze the effect of a predeterminedCYNTHIA BARMORE
450 STANFORD LAW REVIEW IS DATA SPEECH? 59 knowledge.2 But if a city repainted the barrier, we would not interpret this as a decision related to speech. Likewise a crack in the sidewalk might tell the story of a frost, but a municipal ordinance requiring property owners to maintainTHE BRADY COLLOQUY
67 STAN.L. REV.ONLINE 47 September 2, 2014 47 THE BRADY COLLOQUY Jason Kreag* INTRODUCTION Ensuring that prosecutors comply with their ethical and due process disclo-sure requirements has been a distinctly vexing problem for the criminal justice HOW MEDICALIZATION OF CIVIL RIGHTS COULD DISAPPOINT A Note for Readers: In this Response, Allison K. Hoffman discusses Craig Konnoth’s recent Stanford Law Review Article Medicalization and the New Civil Rights. Konnoth’s Article can be found here. You can also find a response by Rabia Belt and Doron Dorfman here.. Craig Konnoth’s article, Medicalization and the New Civil Rights, 1 Open this footnote Close this footnote 1 Craig KonnothCRIMES OF OMISSION
Introduced in 1917, the ambitious Dyer Bill was the first to clear the House, and it soon incited controversy in the Senate and heated debate in the public press. Many Americans—Black and white, Northern and Southern, Democrat and Republican—had something to say about the Dyer Bill. Scholars, however, have since said relatively little. UNRULES | STANFORD LAW REVIEW At the center of contemporary debates over public law lies administrative agencies’ discretion to impose rules. Yet for every one of these rules, there are also unrules nearby. Often overlooked and sometimes barely visible, unrules are the decisions that regulators make to lift or limit the scope of a regulatory obligation through, for instance, waivers, exemptions, or exceptions. THE CONSTITUTION OF PARENTHOOD Ultimately, constitutional understandings of parenthood may evolve in light of insights from family law. This Article’s examination of the law of parenthood contributes to an account of the dialogic relationship between family law and constitutional law—demonstrating how family-law authorities develop approaches to the family that drawon
THE SOVEREIGN IN COMMERCE The federal government is increasingly a commercial actor, providing retail services directly through its own agencies and indirectly through private-sector contractors. THE ROLE OF LAWYERS IN DECARBONIZING SOCIETY Phase Three: Legislative Drafting. Congress has a large staff of lawyers who draft bills at the request of members, though not all members have equal success in getting drafts of the bills they want. State legislatures have small drafting staffs, and most municipalitiesexcept for
AMERICA’S HIDDEN FOSTER CARE SYSTEM While informal custody changes can sometimes serve children’s and families’ interests by preventing the need for state legal custody, this hidden foster care system raises multiple concerns, presciently raised in Supreme Court dicta in 1979 in Miller v. Youakim. State agencies infringe on parents’ and children’s fundamental right to T N -R P CONSUMER CONTRACT LAW March 2014] THE NO-READING PROBLEM 547 ments.1 More recently, evidence suggests that consumers seldom read Internet contracts, which contain many controversial provisions. Apple’s iBook author end-user license agreement (EULA), for example, initially included a provisionARTICLES - HOME
April 2015] BRADY ’S BLIND SPOT. 747 . Brady ’s application to police files, launching a campaign of litigation, legisla-tion, and informal political pressure aimed at prosecutors and police chiefs. NOTES LANGUAGE ACCOMMODATIONS AND 203 OF THE … April 2015] LANGUAGE ACCOMMODATIONS. 921 The stakes of fully implementing section 203 are considerable. The com-pliance failures undermine the rule of law, contribute to the sustained vulnera- HOME | STANFORD LAW REVIEW The Stanford Law Review is a legal publication run by Stanford Law School students since 1948, providing expert legal scholarship, analysis, and commentary. CONTRACTS AND COVID-19 The COVID-19 pandemic of 2020 has upset contractual expectations around the country and the world. As with other natural disasters, the common law doctrines of Impossibility and Restitution will apply to contracts upended by the coronavirus pandemic and related government orders. If a contract contains a Force Majeure clause, however, theterms
TO 'DEFUND' THE POLICE By recognizing this socially contextualized meaning to the call to defund the police, this Essay offers two important insights for the public in this current moment. First, it urges the public to confront the structural marginalization of black people when MIGRATION AS DECOLONIZATION This Article challenges existing approaches to one particularly contentious form of international migration, as an important first step toward a novel and more ethical way of approaching problems of the movement of people across national borders. The prevailing doctrine of state sovereignty under international law today is that itentails the
HOW MEDICALIZATION OF CIVIL RIGHTS COULD DISAPPOINT A Note for Readers: In this Response, Allison K. Hoffman discusses Craig Konnoth’s recent Stanford Law Review Article Medicalization and the New Civil Rights. Konnoth’s Article can be found here. You can also find a response by Rabia Belt and Doron Dorfman here.. Craig Konnoth’s article, Medicalization and the New Civil Rights, 1 Open this footnote Close this footnote 1 Craig Konnoth A THEORY OF CRIMINAL VICTIMIZATION KLEINFELD 65 STAN.L. REV. 1087.DOC (DO NOT DELETE) 5/6/2013 7:09 AM 1087 A THEORY OF CRIMINAL VICTIMIZATION Joshua Kleinfeld* Criminal punishment is systematically harsher, given an otherwise fixed crime, where victims are vulnerable or innocent, and systematically lessharsh
STANFORD LAW REVIEW
Single-Firm Event Studies, Securities Fraud, and Financial Crisis 68 STAN.L. REV. 1207 (2016) 1209 Introduction An event study is a technique used to analyze the effect of a predeterminedIS DATA SPEECH
January 2014] IS DATA SPEECH? 59 knowledge.2 But if a city repainted the barrier, we would not interpret this as a decision related to speech. Likewise a crack in the sidewalk might tell the story of a frost, but a municipal ordinance requiring property owners to maintainCYNTHIA BARMORE
450 STANFORD LAW REVIEW IS DATA SPEECH? 59 knowledge.2 But if a city repainted the barrier, we would not interpret this as a decision related to speech. Likewise a crack in the sidewalk might tell the story of a frost, but a municipal ordinance requiring property owners to maintainCYNTHIA BARMORE
450 STANFORD LAW REVIEW THE NO-READING PROBLEM 547 ments.1 More recently, evidence suggests that consumers seldom read Internet contracts, which contain many controversial provisions. Apple’s iBook author end-user license agreement (EULA), for example, initially included a provision ARTICLES G VIRTUE AND THE AMERICAN RECONSTRUCTING … 482 STANFORD LAW REVIEW BRADY ’S BLIND SPOT. 747 . Brady ’s application to police files, launching a campaign of litigation, legisla-tion, and informal political pressure aimed at prosecutors and police chiefs. NOTES LANGUAGE ACCOMMODATIONS AND 203 OF THE … April 2015] LANGUAGE ACCOMMODATIONS. 921 The stakes of fully implementing section 203 are considerable. The com-pliance failures undermine the rule of law, contribute to the sustained vulnera- HOME | STANFORD LAW REVIEW The Stanford Law Review is a legal publication run by Stanford Law School students since 1948, providing expert legal scholarship, analysis, and commentary. CONTRACTS AND COVID-19 The COVID-19 pandemic of 2020 has upset contractual expectations around the country and the world. As with other natural disasters, the common law doctrines of Impossibility and Restitution will apply to contracts upended by the coronavirus pandemic and related government orders. If a contract contains a Force Majeure clause, however, theterms
HOW MEDICALIZATION OF CIVIL RIGHTS COULD DISAPPOINT A Note for Readers: In this Response, Allison K. Hoffman discusses Craig Konnoth’s recent Stanford Law Review Article Medicalization and the New Civil Rights. Konnoth’s Article can be found here. You can also find a response by Rabia Belt and Doron Dorfman here.. Craig Konnoth’s article, Medicalization and the New Civil Rights, 1 Open this footnote Close this footnote 1 Craig Konnoth PRIVACY AND BIG DATA Introduction. How should privacy risks be weighed against big data rewards? The recent controversy over leaked documents revealing the massive scope of data collection, analysis, and use by the NSA and possibly other national security organizations has hurled to the forefront of public attention the delicate balance between privacy risks and big data opportunities. HOSE ODY S T NYWAY UMAN ELLS AND THE STRANGE EFFECTS … FELDMAN-63 STAN.L. REV. 1377 (DO NOT DELETE) 6/9/2011 12:53 PM 1378 STANFORD LAW REVIEW FEDERALISM & STATE CIVIL JURY RIGHTS 853 Today, Beacon Theatres is the starting point for analysis in many state cas- es—even though state courts are not compelled to accept the case. In some states, the analysis seizes on the Seventh Amendment’s unincorporated statusCYNTHIA BARMORE
450 STANFORD LAW REVIEW IS DATA SPEECH? 59 knowledge.2 But if a city repainted the barrier, we would not interpret this as a decision related to speech. Likewise a crack in the sidewalk might tell the story of a frost, but a municipal ordinance requiring property owners to maintainTHE BRADY COLLOQUY
67 STAN.L. REV.ONLINE 47 September 2, 2014 47 THE BRADY COLLOQUY Jason Kreag* INTRODUCTION Ensuring that prosecutors comply with their ethical and due process disclo-sure requirements has been a distinctly vexing problem for the criminal justice HOME | STANFORD LAW REVIEW The Stanford Law Review is a legal publication run by Stanford Law School students since 1948, providing expert legal scholarship, analysis, and commentary. CONTRACTS AND COVID-19 The COVID-19 pandemic of 2020 has upset contractual expectations around the country and the world. As with other natural disasters, the common law doctrines of Impossibility and Restitution will apply to contracts upended by the coronavirus pandemic and related government orders. If a contract contains a Force Majeure clause, however, theterms
HOW MEDICALIZATION OF CIVIL RIGHTS COULD DISAPPOINT A Note for Readers: In this Response, Allison K. Hoffman discusses Craig Konnoth’s recent Stanford Law Review Article Medicalization and the New Civil Rights. Konnoth’s Article can be found here. You can also find a response by Rabia Belt and Doron Dorfman here.. Craig Konnoth’s article, Medicalization and the New Civil Rights, 1 Open this footnote Close this footnote 1 Craig Konnoth PRIVACY AND BIG DATA Introduction. How should privacy risks be weighed against big data rewards? The recent controversy over leaked documents revealing the massive scope of data collection, analysis, and use by the NSA and possibly other national security organizations has hurled to the forefront of public attention the delicate balance between privacy risks and big data opportunities. HOSE ODY S T NYWAY UMAN ELLS AND THE STRANGE EFFECTS … FELDMAN-63 STAN.L. REV. 1377 (DO NOT DELETE) 6/9/2011 12:53 PM 1378 STANFORD LAW REVIEW FEDERALISM & STATE CIVIL JURY RIGHTS 853 Today, Beacon Theatres is the starting point for analysis in many state cas- es—even though state courts are not compelled to accept the case. In some states, the analysis seizes on the Seventh Amendment’s unincorporated statusCYNTHIA BARMORE
450 STANFORD LAW REVIEW IS DATA SPEECH? 59 knowledge.2 But if a city repainted the barrier, we would not interpret this as a decision related to speech. Likewise a crack in the sidewalk might tell the story of a frost, but a municipal ordinance requiring property owners to maintainTHE BRADY COLLOQUY
67 STAN.L. REV.ONLINE 47 September 2, 2014 47 THE BRADY COLLOQUY Jason Kreag* INTRODUCTION Ensuring that prosecutors comply with their ethical and due process disclo-sure requirements has been a distinctly vexing problem for the criminal justice CONTRACTS AND COVID-19 The COVID-19 pandemic of 2020 has upset contractual expectations around the country and the world. As with other natural disasters, the common law doctrines of Impossibility and Restitution will apply to contracts upended by the coronavirus pandemic and related government orders. If a contract contains a Force Majeure clause, however, theterms
COVID-19 AND FORMAL WILLS This Essay argues that COVID-19 vividly highlights the shortcomings of formal wills. Indeed, the outbreak has exposed the main problem with the Wills Act: it renders will-making inaccessible. As a result, we urge lawmakers in states that cling to the statute to liberalize the requirements for creating a TO 'DEFUND' THE POLICE By recognizing this socially contextualized meaning to the call to defund the police, this Essay offers two important insights for the public in this current moment. First, it urges the public to confront the structural marginalization of black people when HOW MEDICALIZATION OF CIVIL RIGHTS COULD DISAPPOINT A Note for Readers: In this Response, Allison K. Hoffman discusses Craig Konnoth’s recent Stanford Law Review Article Medicalization and the New Civil Rights. Konnoth’s Article can be found here. You can also find a response by Rabia Belt and Doron Dorfman here.. Craig Konnoth’s article, Medicalization and the New Civil Rights, 1 Open this footnote Close this footnote 1 Craig Konnoth ANNOUNCING THE WINNERS OF THE 2019 STUDENT ESSAY The Stanford Law Review is pleased to announce the winners of our first annual Student Essay Competition. This year’s competition topic was youth and the law. The winners are: Justin W. Aimonetti & Christian Talley, both of the University of Virginia School of Law J.D. Class of 2020, for Game Changer: Why and How Congress Should Preempt State Student-Athlete Compensation Regimes.CITING SLAVERY
The law of slavery is still good law. In the twenty-first century, American judges and lawyers continue to cite case law developed in disputes involving enslaved people. These cases provide law for a wide variety of subject areas. Judges cite slavery to explicate the law of contracts, property, evidence, civil procedure, criminal procedureSTANFORD LAW REVIEW
Against Data Exceptionalism 68 STAN.L. REV. 729 (2016) 732 the data would encroach on foreign sovereignty,10 and Ireland filed an amicus brief to assert its interest in the matter.11 The case is currently pending in the Second Circuit.12 The Microsoft Corp. case is only the most recent symptom of a much larger problem: while many people now store their most personal data in the cloud— T N -R P CONSUMER CONTRACT LAW March 2014] THE NO-READING PROBLEM 547 ments.1 More recently, evidence suggests that consumers seldom read Internet contracts, which contain many controversial provisions. Apple’s iBook author end-user license agreement (EULA), for example, initially included a provision VOLUME 59, ISSUE 5 PAGE 1249 STANFORD LAW REVIEW 1250 STANFORD LAW REVIEW THE GLOBAL INTERNET. 287 protection in e-mail, 2. whether the Fourth Amendment limits the monitoring of visited websites, 3. and whether users have Fourth Amendment rights in their HOME | STANFORD LAW REVIEW The Stanford Law Review is a legal publication run by Stanford Law School students since 1948, providing expert legal scholarship, analysis, and commentary.CRIMES OF OMISSION
Introduced in 1917, the ambitious Dyer Bill was the first to clear the House, and it soon incited controversy in the Senate and heated debate in the public press. Many Americans—Black and white, Northern and Southern, Democrat and Republican—had something to say about the Dyer Bill. Scholars, however, have since said relatively little. A THEORY OF CRIMINAL VICTIMIZATION KLEINFELD 65 STAN.L. REV. 1087.DOC (DO NOT DELETE) 5/6/2013 7:09 AM 1087 A THEORY OF CRIMINAL VICTIMIZATION Joshua Kleinfeld* Criminal punishment is systematically harsher, given an otherwise fixed crime, where victims are vulnerable or innocent, and systematically lessharsh
IS DATA SPEECH
January 2014] IS DATA SPEECH? 59 knowledge.2 But if a city repainted the barrier, we would not interpret this as a decision related to speech. Likewise a crack in the sidewalk might tell the story of a frost, but a municipal ordinance requiring property owners to maintain ARTICLES G VIRTUE AND THE AMERICAN RECONSTRUCTING … 482 STANFORD LAW REVIEW FEDERALISM & STATE CIVIL JURY RIGHTS 853 Today, Beacon Theatres is the starting point for analysis in many state cas- es—even though state courts are not compelled to accept the case. In some states, the analysis seizes on the Seventh Amendment’s unincorporated status HE SSUMPTIONS OF EDERALISM CHEMERINSKY 58 STAN.L. REV. 1763 5/11/2006 2:02:44 PM April 2006] THE ASSUMPTIONS OF FEDERALISM 1765 federalism from the late nineteenth century until 1937. Part II argues that, until its last few years, the Rehnquist Court followed theTHE BRADY COLLOQUY
67 STAN.L. REV.ONLINE 47 September 2, 2014 47 THE BRADY COLLOQUY Jason Kreag* INTRODUCTION Ensuring that prosecutors comply with their ethical and due process disclo-sure requirements has been a distinctly vexing problem for the criminal justice BOARDS-R-US RECONCEPTUALIZING CORPORATE BOARDS 1051 BOARDS-R-US: RECONCEPTUALIZING CORPORATE BOARDS Stephen M. Bainbridge* & M. Todd Henderson** State corporate law requires that “natural persons” provide director ser-vices. This Article puts this obligation to scrutiny, and concludes that there are NOTES LANGUAGE ACCOMMODATIONS AND 203 OF THE … April 2015] LANGUAGE ACCOMMODATIONS. 921 The stakes of fully implementing section 203 are considerable. The com-pliance failures undermine the rule of law, contribute to the sustained vulnera- HOME | STANFORD LAW REVIEW The Stanford Law Review is a legal publication run by Stanford Law School students since 1948, providing expert legal scholarship, analysis, and commentary.CRIMES OF OMISSION
Introduced in 1917, the ambitious Dyer Bill was the first to clear the House, and it soon incited controversy in the Senate and heated debate in the public press. Many Americans—Black and white, Northern and Southern, Democrat and Republican—had something to say about the Dyer Bill. Scholars, however, have since said relatively little. A THEORY OF CRIMINAL VICTIMIZATION KLEINFELD 65 STAN.L. REV. 1087.DOC (DO NOT DELETE) 5/6/2013 7:09 AM 1087 A THEORY OF CRIMINAL VICTIMIZATION Joshua Kleinfeld* Criminal punishment is systematically harsher, given an otherwise fixed crime, where victims are vulnerable or innocent, and systematically lessharsh
IS DATA SPEECH
January 2014] IS DATA SPEECH? 59 knowledge.2 But if a city repainted the barrier, we would not interpret this as a decision related to speech. Likewise a crack in the sidewalk might tell the story of a frost, but a municipal ordinance requiring property owners to maintain ARTICLES G VIRTUE AND THE AMERICAN RECONSTRUCTING … 482 STANFORD LAW REVIEW FEDERALISM & STATE CIVIL JURY RIGHTS 853 Today, Beacon Theatres is the starting point for analysis in many state cas- es—even though state courts are not compelled to accept the case. In some states, the analysis seizes on the Seventh Amendment’s unincorporated status HE SSUMPTIONS OF EDERALISM CHEMERINSKY 58 STAN.L. REV. 1763 5/11/2006 2:02:44 PM April 2006] THE ASSUMPTIONS OF FEDERALISM 1765 federalism from the late nineteenth century until 1937. Part II argues that, until its last few years, the Rehnquist Court followed theTHE BRADY COLLOQUY
67 STAN.L. REV.ONLINE 47 September 2, 2014 47 THE BRADY COLLOQUY Jason Kreag* INTRODUCTION Ensuring that prosecutors comply with their ethical and due process disclo-sure requirements has been a distinctly vexing problem for the criminal justice BOARDS-R-US RECONCEPTUALIZING CORPORATE BOARDS 1051 BOARDS-R-US: RECONCEPTUALIZING CORPORATE BOARDS Stephen M. Bainbridge* & M. Todd Henderson** State corporate law requires that “natural persons” provide director ser-vices. This Article puts this obligation to scrutiny, and concludes that there are NOTES LANGUAGE ACCOMMODATIONS AND 203 OF THE … April 2015] LANGUAGE ACCOMMODATIONS. 921 The stakes of fully implementing section 203 are considerable. The com-pliance failures undermine the rule of law, contribute to the sustained vulnera- CONTRACTS AND COVID-19 The COVID-19 pandemic of 2020 has upset contractual expectations around the country and the world. As with other natural disasters, the common law doctrines of Impossibility and Restitution will apply to contracts upended by the coronavirus pandemic and related government orders. If a contract contains a Force Majeure clause, however, theterms
LAW AND ORDER AS THE FOUNDATIONAL PARADOX OF THE TRUMP Abstract. 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.CRIMES OF OMISSION
Introduced in 1917, the ambitious Dyer Bill was the first to clear the House, and it soon incited controversy in the Senate and heated debate in the public press. Many Americans—Black and white, Northern and Southern, Democrat and Republican—had something to say about the Dyer Bill. Scholars, however, have since said relatively little. THE ROLE OF LAWYERS IN DECARBONIZING SOCIETY Phase Three: Legislative Drafting. Congress has a large staff of lawyers who draft bills at the request of members, though not all members have equal success in getting drafts of the bills they want. State legislatures have small drafting staffs, and most municipalitiesexcept for
AMERICA’S HIDDEN FOSTER CARE SYSTEM While informal custody changes can sometimes serve children’s and families’ interests by preventing the need for state legal custody, this hidden foster care system raises multiple concerns, presciently raised in Supreme Court dicta in 1979 in Miller v. Youakim. State agencies infringe on parents’ and children’s fundamental right to T N -R P CONSUMER CONTRACT LAW March 2014] THE NO-READING PROBLEM 547 ments.1 More recently, evidence suggests that consumers seldom read Internet contracts, which contain many controversial provisions. Apple’s iBook author end-user license agreement (EULA), for example, initially included a provisionSTANFORD LAW REVIEW
Against Data Exceptionalism 68 STAN.L. REV. 729 (2016) 732 the data would encroach on foreign sovereignty,10 and Ireland filed an amicus brief to assert its interest in the matter.11 The case is currently pending in the Second Circuit.12 The Microsoft Corp. case is only the most recent symptom of a much larger problem: while many people now store their most personal data in the cloud—ERIC J. HAMILTON*
HAMILTON 65 STAN.L. REV. 851 - PRODUCTION.DOC (DO NOT DELETE) 3/25/2013 10:31 AM April 2013] FEDERALISM & STATE CIVIL JURY RIGHTS 853 Today, Beacon Theatres is the starting point for analysis in many state cas- es—even though state courts are not compelled to accept the case. In some states, the analysis seizes on the Seventh Amendment’s unincorporated status BOARDS-R-US RECONCEPTUALIZING CORPORATE BOARDS 1051 BOARDS-R-US: RECONCEPTUALIZING CORPORATE BOARDS Stephen M. Bainbridge* & M. Todd Henderson** State corporate law requires that “natural persons” provide director ser-vices. This Article puts this obligation to scrutiny, and concludes that there are NOTES LANGUAGE ACCOMMODATIONS AND 203 OF THE … April 2015] LANGUAGE ACCOMMODATIONS. 921 The stakes of fully implementing section 203 are considerable. The com-pliance failures undermine the rule of law, contribute to the sustained vulnera- HOME | STANFORD LAW REVIEW The Stanford Law Review is a legal publication run by Stanford Law School students since 1948, providing expert legal scholarship, analysis, and commentary.CRIMES OF OMISSION
Introduced in 1917, the ambitious Dyer Bill was the first to clear the House, and it soon incited controversy in the Senate and heated debate in the public press. Many Americans—Black and white, Northern and Southern, Democrat and Republican—had something to say about the Dyer Bill. Scholars, however, have since said relatively little. A THEORY OF CRIMINAL VICTIMIZATION KLEINFELD 65 STAN.L. REV. 1087.DOC (DO NOT DELETE) 5/6/2013 7:09 AM 1087 A THEORY OF CRIMINAL VICTIMIZATION Joshua Kleinfeld* Criminal punishment is systematically harsher, given an otherwise fixed crime, where victims are vulnerable or innocent, and systematically lessharsh
IS DATA SPEECH
January 2014] IS DATA SPEECH? 59 knowledge.2 But if a city repainted the barrier, we would not interpret this as a decision related to speech. Likewise a crack in the sidewalk might tell the story of a frost, but a municipal ordinance requiring property owners to maintain ARTICLES G VIRTUE AND THE AMERICAN RECONSTRUCTING … 482 STANFORD LAW REVIEW FEDERALISM & STATE CIVIL JURY RIGHTS 853 Today, Beacon Theatres is the starting point for analysis in many state cas- es—even though state courts are not compelled to accept the case. In some states, the analysis seizes on the Seventh Amendment’s unincorporated status HE SSUMPTIONS OF EDERALISM CHEMERINSKY 58 STAN.L. REV. 1763 5/11/2006 2:02:44 PM April 2006] THE ASSUMPTIONS OF FEDERALISM 1765 federalism from the late nineteenth century until 1937. Part II argues that, until its last few years, the Rehnquist Court followed theTHE BRADY COLLOQUY
67 STAN.L. REV.ONLINE 47 September 2, 2014 47 THE BRADY COLLOQUY Jason Kreag* INTRODUCTION Ensuring that prosecutors comply with their ethical and due process disclo-sure requirements has been a distinctly vexing problem for the criminal justice BOARDS-R-US RECONCEPTUALIZING CORPORATE BOARDS 1051 BOARDS-R-US: RECONCEPTUALIZING CORPORATE BOARDS Stephen M. Bainbridge* & M. Todd Henderson** State corporate law requires that “natural persons” provide director ser-vices. This Article puts this obligation to scrutiny, and concludes that there are NOTES LANGUAGE ACCOMMODATIONS AND 203 OF THE … April 2015] LANGUAGE ACCOMMODATIONS. 921 The stakes of fully implementing section 203 are considerable. The com-pliance failures undermine the rule of law, contribute to the sustained vulnera- HOME | STANFORD LAW REVIEW The Stanford Law Review is a legal publication run by Stanford Law School students since 1948, providing expert legal scholarship, analysis, and commentary.CRIMES OF OMISSION
Introduced in 1917, the ambitious Dyer Bill was the first to clear the House, and it soon incited controversy in the Senate and heated debate in the public press. Many Americans—Black and white, Northern and Southern, Democrat and Republican—had something to say about the Dyer Bill. Scholars, however, have since said relatively little. A THEORY OF CRIMINAL VICTIMIZATION KLEINFELD 65 STAN.L. REV. 1087.DOC (DO NOT DELETE) 5/6/2013 7:09 AM 1087 A THEORY OF CRIMINAL VICTIMIZATION Joshua Kleinfeld* Criminal punishment is systematically harsher, given an otherwise fixed crime, where victims are vulnerable or innocent, and systematically lessharsh
IS DATA SPEECH
January 2014] IS DATA SPEECH? 59 knowledge.2 But if a city repainted the barrier, we would not interpret this as a decision related to speech. Likewise a crack in the sidewalk might tell the story of a frost, but a municipal ordinance requiring property owners to maintain ARTICLES G VIRTUE AND THE AMERICAN RECONSTRUCTING … 482 STANFORD LAW REVIEW FEDERALISM & STATE CIVIL JURY RIGHTS 853 Today, Beacon Theatres is the starting point for analysis in many state cas- es—even though state courts are not compelled to accept the case. In some states, the analysis seizes on the Seventh Amendment’s unincorporated status HE SSUMPTIONS OF EDERALISM CHEMERINSKY 58 STAN.L. REV. 1763 5/11/2006 2:02:44 PM April 2006] THE ASSUMPTIONS OF FEDERALISM 1765 federalism from the late nineteenth century until 1937. Part II argues that, until its last few years, the Rehnquist Court followed theTHE BRADY COLLOQUY
67 STAN.L. REV.ONLINE 47 September 2, 2014 47 THE BRADY COLLOQUY Jason Kreag* INTRODUCTION Ensuring that prosecutors comply with their ethical and due process disclo-sure requirements has been a distinctly vexing problem for the criminal justice BOARDS-R-US RECONCEPTUALIZING CORPORATE BOARDS 1051 BOARDS-R-US: RECONCEPTUALIZING CORPORATE BOARDS Stephen M. Bainbridge* & M. Todd Henderson** State corporate law requires that “natural persons” provide director ser-vices. This Article puts this obligation to scrutiny, and concludes that there are NOTES LANGUAGE ACCOMMODATIONS AND 203 OF THE … April 2015] LANGUAGE ACCOMMODATIONS. 921 The stakes of fully implementing section 203 are considerable. The com-pliance failures undermine the rule of law, contribute to the sustained vulnera- CONTRACTS AND COVID-19 The COVID-19 pandemic of 2020 has upset contractual expectations around the country and the world. As with other natural disasters, the common law doctrines of Impossibility and Restitution will apply to contracts upended by the coronavirus pandemic and related government orders. If a contract contains a Force Majeure clause, however, theterms
LAW AND ORDER AS THE FOUNDATIONAL PARADOX OF THE TRUMP Abstract. 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.CRIMES OF OMISSION
Introduced in 1917, the ambitious Dyer Bill was the first to clear the House, and it soon incited controversy in the Senate and heated debate in the public press. Many Americans—Black and white, Northern and Southern, Democrat and Republican—had something to say about the Dyer Bill. Scholars, however, have since said relatively little. THE ROLE OF LAWYERS IN DECARBONIZING SOCIETY Phase Three: Legislative Drafting. Congress has a large staff of lawyers who draft bills at the request of members, though not all members have equal success in getting drafts of the bills they want. State legislatures have small drafting staffs, and most municipalitiesexcept for
AMERICA’S HIDDEN FOSTER CARE SYSTEM While informal custody changes can sometimes serve children’s and families’ interests by preventing the need for state legal custody, this hidden foster care system raises multiple concerns, presciently raised in Supreme Court dicta in 1979 in Miller v. Youakim. State agencies infringe on parents’ and children’s fundamental right to T N -R P CONSUMER CONTRACT LAW March 2014] THE NO-READING PROBLEM 547 ments.1 More recently, evidence suggests that consumers seldom read Internet contracts, which contain many controversial provisions. Apple’s iBook author end-user license agreement (EULA), for example, initially included a provisionSTANFORD LAW REVIEW
Against Data Exceptionalism 68 STAN.L. REV. 729 (2016) 732 the data would encroach on foreign sovereignty,10 and Ireland filed an amicus brief to assert its interest in the matter.11 The case is currently pending in the Second Circuit.12 The Microsoft Corp. case is only the most recent symptom of a much larger problem: while many people now store their most personal data in the cloud—ERIC J. HAMILTON*
HAMILTON 65 STAN.L. REV. 851 - PRODUCTION.DOC (DO NOT DELETE) 3/25/2013 10:31 AM April 2013] FEDERALISM & STATE CIVIL JURY RIGHTS 853 Today, Beacon Theatres is the starting point for analysis in many state cas- es—even though state courts are not compelled to accept the case. In some states, the analysis seizes on the Seventh Amendment’s unincorporated status BOARDS-R-US RECONCEPTUALIZING CORPORATE BOARDS 1051 BOARDS-R-US: RECONCEPTUALIZING CORPORATE BOARDS Stephen M. Bainbridge* & M. Todd Henderson** State corporate law requires that “natural persons” provide director ser-vices. This Article puts this obligation to scrutiny, and concludes that there are NOTES LANGUAGE ACCOMMODATIONS AND 203 OF THE … April 2015] LANGUAGE ACCOMMODATIONS. 921 The stakes of fully implementing section 203 are considerable. The com-pliance failures undermine the rule of law, contribute to the sustained vulnera- HOME | STANFORD LAW REVIEW The Stanford Law Review is a legal publication run by Stanford Law School students since 1948, providing expert legal scholarship, analysis, and commentary.CRIMES OF OMISSION
* J.D. Candidate, Stanford Law S c hool; Ph.D. Student, Stanford University Department of History. I am grateful for the suggestions and support of numerous Stanford faculty, including James Campbell, Allyson Hobbs, Amalia Kessler, Robert Gordon, Jane S c hacter, and, especially, Norman W. Spaulding. Thank you also to Joshua A. Mensah and the editors of the Stanford Law Review for dedicating THE CONSTITUTION OF PARENTHOOD * Anne Urowsky Professor of Law, Yale Law S c hool. For helpful comments, I thank Anne Alstott, Albertina Antognini, Susan Appleton, Kathy Baker, Katharine Bartlett, Alex Boni-Saenz, Meghan Boone, Courtney Cahill, Naomi Cahn, June Carbone, Anne Dailey, Jess Feinberg, Joey Fishkin, Owen Fiss, Jim Fleming, Cary Franklin, Abbe Gluck, Jill Hasday, Mi c hael Higdon, Clare Huntington, Courtney A THEORY OF CRIMINAL VICTIMIZATION KLEINFELD 65 STAN.L. REV. 1087.DOC (DO NOT DELETE) 5/6/2013 7:09 AM 1087 A THEORY OF CRIMINAL VICTIMIZATION Joshua Kleinfeld* Criminal punishment is systematically harsher, given an otherwise fixed crime, where victims are vulnerable or innocent, and systematically lessharsh
IS DATA SPEECH
January 2014] IS DATA SPEECH? 59 knowledge.2 But if a city repainted the barrier, we would not interpret this as a decision related to speech. Likewise a crack in the sidewalk might tell the story of a frost, but a municipal ordinance requiring property owners to maintain ARTICLES G VIRTUE AND THE AMERICAN RECONSTRUCTING … 482 STANFORD LAW REVIEW FEDERALISM & STATE CIVIL JURY RIGHTS 853 Today, Beacon Theatres is the starting point for analysis in many state cas- es—even though state courts are not compelled to accept the case. In some states, the analysis seizes on the Seventh Amendment’s unincorporated status HE SSUMPTIONS OF EDERALISM CHEMERINSKY 58 STAN.L. REV. 1763 5/11/2006 2:02:44 PM April 2006] THE ASSUMPTIONS OF FEDERALISM 1765 federalism from the late nineteenth century until 1937. Part II argues that, until its last few years, the Rehnquist Court followed theTHE BRADY COLLOQUY
67 STAN.L. REV.ONLINE 47 September 2, 2014 47 THE BRADY COLLOQUY Jason Kreag* INTRODUCTION Ensuring that prosecutors comply with their ethical and due process disclo-sure requirements has been a distinctly vexing problem for the criminal justice NOTES LANGUAGE ACCOMMODATIONS AND 203 OF THE … April 2015] LANGUAGE ACCOMMODATIONS. 921 The stakes of fully implementing section 203 are considerable. The com-pliance failures undermine the rule of law, contribute to the sustained vulnera- HOME | STANFORD LAW REVIEW The Stanford Law Review is a legal publication run by Stanford Law School students since 1948, providing expert legal scholarship, analysis, and commentary.CRIMES OF OMISSION
* J.D. Candidate, Stanford Law S c hool; Ph.D. Student, Stanford University Department of History. I am grateful for the suggestions and support of numerous Stanford faculty, including James Campbell, Allyson Hobbs, Amalia Kessler, Robert Gordon, Jane S c hacter, and, especially, Norman W. Spaulding. Thank you also to Joshua A. Mensah and the editors of the Stanford Law Review for dedicating THE CONSTITUTION OF PARENTHOOD * Anne Urowsky Professor of Law, Yale Law S c hool. For helpful comments, I thank Anne Alstott, Albertina Antognini, Susan Appleton, Kathy Baker, Katharine Bartlett, Alex Boni-Saenz, Meghan Boone, Courtney Cahill, Naomi Cahn, June Carbone, Anne Dailey, Jess Feinberg, Joey Fishkin, Owen Fiss, Jim Fleming, Cary Franklin, Abbe Gluck, Jill Hasday, Mi c hael Higdon, Clare Huntington, Courtney A THEORY OF CRIMINAL VICTIMIZATION KLEINFELD 65 STAN.L. REV. 1087.DOC (DO NOT DELETE) 5/6/2013 7:09 AM 1087 A THEORY OF CRIMINAL VICTIMIZATION Joshua Kleinfeld* Criminal punishment is systematically harsher, given an otherwise fixed crime, where victims are vulnerable or innocent, and systematically lessharsh
IS DATA SPEECH
January 2014] IS DATA SPEECH? 59 knowledge.2 But if a city repainted the barrier, we would not interpret this as a decision related to speech. Likewise a crack in the sidewalk might tell the story of a frost, but a municipal ordinance requiring property owners to maintain ARTICLES G VIRTUE AND THE AMERICAN RECONSTRUCTING … 482 STANFORD LAW REVIEW FEDERALISM & STATE CIVIL JURY RIGHTS 853 Today, Beacon Theatres is the starting point for analysis in many state cas- es—even though state courts are not compelled to accept the case. In some states, the analysis seizes on the Seventh Amendment’s unincorporated status HE SSUMPTIONS OF EDERALISM CHEMERINSKY 58 STAN.L. REV. 1763 5/11/2006 2:02:44 PM April 2006] THE ASSUMPTIONS OF FEDERALISM 1765 federalism from the late nineteenth century until 1937. Part II argues that, until its last few years, the Rehnquist Court followed theTHE BRADY COLLOQUY
67 STAN.L. REV.ONLINE 47 September 2, 2014 47 THE BRADY COLLOQUY Jason Kreag* INTRODUCTION Ensuring that prosecutors comply with their ethical and due process disclo-sure requirements has been a distinctly vexing problem for the criminal justice NOTES LANGUAGE ACCOMMODATIONS AND 203 OF THE … April 2015] LANGUAGE ACCOMMODATIONS. 921 The stakes of fully implementing section 203 are considerable. The com-pliance failures undermine the rule of law, contribute to the sustained vulnera- CONTRACTS AND COVID-19 The COVID-19 pandemic of 2020—as well as government orders to contain it—has prevented countless people, babysitters to basketballplayers, from f
LAW AND ORDER AS THE FOUNDATIONAL PARADOX OF THE TRUMP Abstract. 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.CRIMES OF OMISSION
* J.D. Candidate, Stanford Law S c hool; Ph.D. Student, Stanford University Department of History. I am grateful for the suggestions and support of numerous Stanford faculty, including James Campbell, Allyson Hobbs, Amalia Kessler, Robert Gordon, Jane S c hacter, and, especially, Norman W. Spaulding. Thank you also to Joshua A. Mensah and the editors of the Stanford Law Review for dedicating THE ROLE OF LAWYERS IN DECARBONIZING SOCIETY A number of groups of engineers and scientists have laid out specific pathways for meeting targets for reducing greenhouse gas emissions.For governme
AMERICA’S HIDDEN FOSTER CARE SYSTEM In most states, child protection agencies induce parents to transfer physical custody of their children to kinship caregivers by threatening to place the children in foster care and bring them tofamily court.
T N -R P CONSUMER CONTRACT LAW March 2014] THE NO-READING PROBLEM 547 ments.1 More recently, evidence suggests that consumers seldom read Internet contracts, which contain many controversial provisions. Apple’s iBook author end-user license agreement (EULA), for example, initially included a provisionSTANFORD LAW REVIEW
Against Data Exceptionalism 68 STAN.L. REV. 729 (2016) 732 the data would encroach on foreign sovereignty,10 and Ireland filed an amicus brief to assert its interest in the matter.11 The case is currently pending in the Second Circuit.12 The Microsoft Corp. case is only the most recent symptom of a much larger problem: while many people now store their most personal data in the cloud—ERIC J. HAMILTON*
HAMILTON 65 STAN.L. REV. 851 - PRODUCTION.DOC (DO NOT DELETE) 3/25/2013 10:31 AM April 2013] FEDERALISM & STATE CIVIL JURY RIGHTS 853 Today, Beacon Theatres is the starting point for analysis in many state cas- es—even though state courts are not compelled to accept the case. In some states, the analysis seizes on the Seventh Amendment’s unincorporated status NOTES LANGUAGE ACCOMMODATIONS AND 203 OF THE … April 2015] LANGUAGE ACCOMMODATIONS. 921 The stakes of fully implementing section 203 are considerable. The com-pliance failures undermine the rule of law, contribute to the sustained vulnera- BOARDS-R-US RECONCEPTUALIZING CORPORATE BOARDS 1051 BOARDS-R-US: RECONCEPTUALIZING CORPORATE BOARDS Stephen M. Bainbridge* & M. Todd Henderson** State corporate law requires that “natural persons” provide director ser-vices. This Article puts this obligation to scrutiny, and concludes that there are logo-footer logo-full logo-stanford-university logo menu-close menu__ Menu
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MOST RECENT PRINT ISSUEVOLUME 72, ISSUE 6
JUNE 2020
-------------------------ARTICLE
‘RACIAL AND RELIGIOUS DEMOCRACY’ IDENTITY AND EQUALITY IN MIDCENTURY COURTS BY _ELIZABETH D. KATZ_ In our current political moment, discrimination against minority racial and religious groups routinely makes headlines. Though some press coverage of these occurrences acknowledges parallels and links between racial and religious prejudices, these intersections remain undertheorized in legal and historical scholarship. Because scholars typically study race and religion separately, they have overlooked the legal significance of…ARTICLE
DISAGGREGATING INEFFECTIVE ASSISTANCE OF COUNSEL DOCTRINE FOUR FORMS OF CONSTITUTIONAL INEFFECTIVENESS BY _EVE BRENSIKE PRIMUS_ For years, experts have blamed Strickland v. Washington’s lax standard for assessing trial attorney effectiveness for many of the criminal justice system’s problems. But the conventional understanding of Strickland as a problem for ineffectiveness claims gives the decision too much prominence because it treats Strickland as the test for all such claims. That is a…NOTE
IS DEATH DIFFERENT TO FEDERAL JUDGES? AN EMPIRICAL COMPARISON OF CAPITAL AND NONCAPITAL GUILT-PHASE DETERMINATIONS ON FEDERAL HABEAS REVIEWBY _BRETT PARKER_
Legal commentators have long believed that federal judges treat capital appeals more favorably than noncapital appeals. However, due to the bifurcated nature of capital trials and the complexity of the ensuing appeals, no empirical research to date has proven that the guilt-phase claims of capital defendants are more likely to succeed on federal habeas review…NOTE
OPENING THE DOOR
EXPANDING CIVIL REDRESS FOR SEXUAL ASSAULT THROUGH FRATERNITYINSURANCE
BY _ALEXANDRA WILLINGHAM_ Campus sexual assault prevention efforts have traditionally focused on criminal prosecution and Title IX adjudication as avenues of deterrence and redress. This focus has largely ignored civil litigation, which could be a route for survivors to obtain critically helpful economic damages. While civil lawsuits often do not go forward because the tortfeasor is judgment-proof, for the… VIEW CURRENT & PAST PRINT VOLUMES RECENT ONLINE ESSAYS _DAMNATIO MEMORIAE_ AND BLACK LIVES MATTERBY _ALEX ZHANG_
This Essay defends the recent scrutiny of civic symbols, triggered by police brutality and killings, against the Trump Administration’s criticism that it constituted a frivolous exercise in cancel culture. It examines links between recent destruction of monuments and the age-old Roman legal procedure of _damnatio memoriae_ to show that condemnation of memory may serve legitimate purposes, especially in rehabilitating public spaces to express society’s disapproval of past offensive actions.Read Article
MEDICAL CIVIL RIGHTS AS A SITE OF ACTIVISMA 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.Read Article
LEGAL LESSONS FROM A VERY FAST PROBLEM: COVID-19 BY _ERIC E. JOHNSON & THEODORE C. BAILEY_ This Essay offers a look back on the initial phase of the COVID-19 catastrophe—a crisis that, at the time of this writing, is still expanding and deepening. We suggest three lessons: First, the free flow of information saves lives, an observation which sounds in constitutional free-speech rights, copyright law, and patent law. Second, politically accountable decision-making in the public health sphere has proven inapt in responding to the pandemic; this observation suggests a more prominent role in public health crises for independent administrative agencies and the judiciary. Third, pre-crisis regulations and rulemaking structures for approvals of medical products, and vaccines in particular, have not proven nimble enough in the face of the pandemic; this suggests an opportunity for congressional action to push agencies to move faster.Read Article
REWEIGHING MEDICAL CIVIL RIGHTS BY _RABIA BELT & DORON DORFMAN_ Craig Konnoth’s Article, using “medical civil rights” as an angle onto disability, captures the ostensible benefits of disability legal claiming. We partially agree with him on this, but we also believe that he does not fully account for the weight on the other side of the negative aspects of medical framing. This Response contextualizes the benefits and recognition granted to medicalized individuals by noting the drawbacks to medicalization. We conclude by proposing a new way forward for disability justice.Read Article
HOW MEDICALIZATION OF CIVIL RIGHTS COULD DISAPPOINT BY _ALLISON K. HOFFMAN_ Craig Konnoth’s article, _Medicalization and the New Civil Rights_, shows how medical framing and evidence of physically identifiable and measurable harms have been providing new pathways to vindicate civil rights harms. Longer-term, however, this Response wonders whether medicalization of civil rights might tell a more ambivalent narrative. First, medicalization could produce a sociological narrowing that could eventually limit how we think about justice. Second, and more speculatively, even the utilitarian benefits that medical framing is now producing might diminish as medicalization becomes a new situs for civil rights contests.Read Article
_DAMNATIO MEMORIAE_ AND BLACK LIVES MATTERBY _ALEX ZHANG_
This Essay defends the recent scrutiny of civic symbols, triggered by police brutality and killings, against the Trump Administration’s criticism that it constituted a frivolous exercise in cancel culture. It examines links between recent destruction of monuments and the age-old Roman legal procedure of _damnatio memoriae_ to show that condemnation of memory may serve legitimate purposes, especially in rehabilitating public spaces to express society’s disapproval of past offensive actions.Read Article
MEDICAL CIVIL RIGHTS AS A SITE OF ACTIVISMA 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.Read Article
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