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 ...

But the categorical approach has been the subject of controversy and contest. In 2008, the Bush Administration launched an ultimately unsuccessful attack on the use of the categorical approach by ...

The Stanford Law Review is a legal publication run by Stanford Law School students since 1948, providing expert legal scholarship, analysis, and commentary.

This episode and others are suggestive of the increasing strain on prosecutors charged with implementing Administration directives that may improperly target opponents or reward supporters. While ...

For Law Professors Rachel Arnow-Richman, Ian Ayres, Susan Bisom-Rapp, Tristin Green, Rebecca Lee, Ann McGinley, Angela Onwuachi-Willig, Nicole Porter, Vicki Schultz, and Brian Soucek Introduction We, ...

The Stanford Law Review is a legal publication run by Stanford Law School students since 1948, providing expert legal scholarship, analysis, and commentary.

Legal debates over the “big data” revolution currently focus on the risks of inclusion: the privacy and civil liberties consequences of being swept up in big data’s net. This Essay takes a different ...

The Supreme Court’s decision on the constitutionality of the Affordable Care Act (ACA) will likely be handed down on the last day of this year’s term. If the Court finds that the ACA—either in whole ...

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 ...

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 ...

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 ...

This Essay, published in the immediate aftermath of Dobbs, offers some initial thoughts about what the changed legal landscape means for abortion rights legal advocacy. Our focus in recent writings ...