Legal Aggregate

The Drug War at 100

One hundred years ago this week President Woodrow Wilson signed the Harrison Narcotics Act of 1914 and committed the federal government to combating the domestic drug trade. If any single event launched our modern drug war, this was it. The Harrison Act aimed to ban nonmedical use of opiates and [...]

Three Strikes: An Update After Propositions Reform Sentencing for Nonviolent Offenders and Milestone of 2000th Prisoner Released Approaches

California’s overcrowded prison system is approaching a significant milestone—the release of the 2000th nonviolent inmate serving a life sentence under California’s Three Strikes law. Some of these prisoners have already served over 20 years for crimes as minor as shoplifting a pair of socks or possessing a fraction of a [...]

What the Feds Can and Cannot Do in the Brown and Garner Cases

Many people troubled by the decisions not to indict the police officers who killed Michael Brown and Eric Garner have taken solace in the ongoing federal investigations of their deaths. It is important to understand, though, what the U.S. Department of Justice can and cannot do. The grand jury decisions [...]

Stepping Back: Thoughts on the Ferguson Grand Jury and Prosecutor

Amid the noise about the Ferguson grand jury, I humbly offer a few points I hope will be clarifying. The Grand Jury: The prosecutor’s discretion about the use of the grand jury has a couple of aspects. Yes, only in a trivial fraction of cases does a grand jury disagree [...]

California offers budgetary lessons for U.S. government, Stanford professor says

This story was written by Clifton Parker and was published Dec. 2 in the online edition of the Stanford Report. Stanford law Professor Joseph Bankman argues that California’s budgetary actions offer a blueprint for resolving the federal budget stalemate. The success of Proposition 30, passed in 2012, shows that people may [...]

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Right-to-carry gun laws linked to increase in violent crime, Stanford Law study finds

  This story was written by Bjorn Carey and was published Nov. 14 in the online edition of the Stanford Report. Right-to-carry or concealed-carry laws have generated much debate in the past two decades – do they make society safer or more dangerous? While there is no federal law on concealed-carry [...]

| Issue 91

Stanford Law Professors Suggest Ways to Close Gender Gap in Law School

This story was written by Clifton Parker and was published Nov. 11 in the online edition of the Stanford Report. Reducing class sizes and reforming grading systems may help reduce the gender gap in professional school settings, according to a new Stanford study. “Our findings suggest that class size and pedagogical [...]

| Issue 91

Stanford Law Professor Barbara van Schewick Endorses President Obama’s Call for Strict Net Neutrality Policy

Stanford Law Professor Barbara van Schewick, one of the nation’s leading experts on Internet policy, endorses President Obama’s announcement: “Today’s announcement was historic. President Obama has called upon the FCC to pursue the right legal path to keep the Internet free and open—reclassification of Internet service under Title II of [...]

Teva v. Sandoz Argument Recap

This morning I attended the Supreme Court argument in Teva v. Sandoz, the case on the standard of review for patent claim construction, which I previewed on this blog. Based on the questions today (transcript here), I think that Chief Justice Roberts, Justice Alito, Justice Sotomayor, and perhaps Justice Ginsburg were inclined [...]

Prof. Lisa Ouellette Explains SCOTUS Patent Case Teva v. Sandoz

The standard of review for patent claim construction may sound like a dull procedural issue, but it is one of the most important topics in patent law today. Essentially every patent case involves a fight over the meaning of the claims—the part of a patent that defines the legal right. [...]