Legal Aggregate

Professor David Sklansky Endorses Federal Prison Sentencing Reform

It is time to fix the flaws of the U.S. justice system, which is bloated, costly and harsh, a Stanford law professor says. A growing bipartisan consensus in Congress is building for federal criminal justice reform. That is a step in the right direction, according to David A. Sklansky, a Stanford […]

Finding the sweet spot to regulate sugary drinks

Rates of obesity in the United States remain extremely high. New statistics show that nearly two-thirds of adults are at an unhealthy weight and that – for the first time ever – obese Americans now outnumber those who are merely overweight. Two Stanford public health law experts say one of […]

Is Widespread Gun Ownership Worth the Price of More Violence?

The horrific killings in Charleston, S.C., once again raise the question of whether we would be better off with more armed citizens or dramatically fewer. This debate largely has been forgotten by Congress, but the battle rages on in the courts as the National Rifle Association challenges any effort at […]

Federal program for vaccine-injured children is failing, Stanford scholar says

The tort system is frequently criticized — for the unpredictability of its judgments, the stinginess (or, some say, profligacy) of its awards, and the slow pace, exorbitant cost and adversarial nature of its operation. In tort’s place, many suggest, we ought to create alternative compensation mechanisms — which is to […]

The End of Public Employee Unions?: The Supreme Court Gets Ready to Reverse Precedent

On June 30, the United States Supreme Court agreed to reconsider a 38-year-old precedent which established the right of public employee unions to require non-union workers to pay dues as a condition of employment. Two Supreme Court decisions issued in 2012 and in 2014, as well as the June 30 […]

Michigan v. EPA: Looking to the Issues Not Resolved

I breathed a sigh of relief as I read the decision in Michigan v. EPA. In this case, the issues not resolved were more important than the issue on which the Court based its opinion. This case could have been a big problem for future regulations on climate change at […]

Arizona State Legislature v. Arizona Redistricting Committee: No Appetite for Destruction

The Supreme Court’s decision today upholding Arizona’s Independent Redistricting Commission will not get the headlines of last week’s momentous decisions on marriage equality and health care. But the three cases together illustrate an unfamiliar division on the Court between those Justices who care about consequences and those who would “let […]

Glossip v. Gross: Examining Death Penalty Data for Clarity

The legal battle against the death penalty suffered a minor setback with the 5-4 decision on June 29, 2015 in the case of Glossip v. Gross with the Court refusing to stop the three-drug protocol that is now commonly used for lethal injections in the United States. The decision could […]

Obergefell: A Victory for Children

The Supreme Court’s decision in Obergefell v. Hodges (and three other cases) is obviously a landmark decision of enormous importance to gay individuals and the interests of liberty and equality. As someone whose career has focused on the needs and interests of children, I look at the decision from another […]

Equality and the Rule of Law

As co-counsel for the Kentucky plaintiffs (and, before them, the Oklahoma plaintiffs) in the marriage equality litigation, I helped draft over one hundred pages of briefs in the Supreme Court arguing for the right of lesbians and gay men to marry on the same terms as everyone else. Upon receiving […]