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 ...

Parsing Judge Gorsuch’s writing to gain insight into his future jurisprudence feels like peering into a scrying glass. Our sources are few and inconsistent; his opinions are bound by the facts and ...

(1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official ...

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

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

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

The U.S. Constitution provides little proper recourse for the incapacitation of a member of Congress. This is a problem. As of today, if a Senator were to suffer from, say, a stroke, said Senator’s ...

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 ...

As we draw closer to the November election, it becomes clearer that this year’s contest, thanks to the Supreme Court’s 2010 Citizens United decision, will be financially dominated by big money, ...

Because of Bruen, the Third Circuit expressly discounted the more than 80 earlier precedents upholding the felon-in-possession ban: Of course, a court might have scrutinized whether a particular group ...

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 ...