Stanford Law & Policy Review

Stanford Law & Policy Review (SLPR) is one of the most prominent policy journals in the nation and informs public discourse by publishing articles that analyze the intersection of our legal system with local, state, and federal policy. SLPR is ideologically neutral and solicits articles from authors who represent a diversity of political viewpoints.

Founded in 1989 by Stanford Law School students, SLPR has long been a forum not only for academics but also for high-profile policymakers to publish articles on hot-button issues. Past contributors include Bill Clinton, Joseph Biden, John McCain, Charles Schumer, Charles Rangel, James Baker, Russ Feingold, and Jeb Bush. SLPR has been cited multiple times by the U.S. Supreme Court and over fifty times by other federal courts. It is published widely and available at all major law schools and policy think tanks.

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We are pleased to present Volume 25 (2013-14). Articles from Issue 2 are featured below, and Issue 1 can be viewed here. Until late Spring 2015, which is when Volume 26 (2014-15) is due for publication, Volume 25 will be deemed the "Current Volume" (and its issues the "Current Issue[s]") on our site.

For shorter pieces on more current topics, please visit SLPR Online. This online platform was created in 2013 and complements SLPR's print journal by publishing pieces on a rolling basis.

Current Issue

Volume 25, Issue 2: War in the Digital Age

Articles

The Law of Cyber Warfare: Quo Vadis?

Where is the law of cyberware going? This Article offers thoughts on the process of normative evolution and identifies certain aspects of the law of sovereignty, the jus ad bellum, and the jus in bello which will have to acclimate to the growing threat cyberterrorists, cyberspies, cyberthieves, cyberwarriors, cyber hacktivists, and malicious hackers pose. For each, the Article describes current law and indicates the probable vector of any change. Knowing where such fault lines lie should prove useful as states craft nati Read more about The Law of Cyber Warfare: Quo Vadis?

  • June 2014
  • 25 Stan.L.& Pol'y Rev. 269
  • Article

Duck-Rabbits and Drones: Legal Indeterminacy in the War on Terror

In an era in which traditional legal constructs no longer place meaningful limits on a State's use of lethal force, what new constraints are desirable and feasible, and, going forward, how can we embed them in policy and law? In this Article, I look back at the weeks and months following the 9/11 attacks and outline the various competing arguments about how the attacks should, as a legal matter, be characterized. Read more about Duck-Rabbits and Drones: Legal Indeterminacy in the War on Terror

  • June 2014
  • 25 Stan.L.& Pol'y Rev. 301
  • Article

The System of Domestic Counterterrorism Law Enforcement

Eddward Snowden's recent leaks of the NSA's telephony metadata collection program and the Internet surveillance programs PRISM and XKeyscore are only the latest iterations of the "big data" phenomenon. Arriving just in time for 9/11, new technologies have enabled government agencies to collect and aggregate massive amounts of information, usable in counterterrorism and domestic law enforcement alike. Read more about The System of Domestic Counterterrorism Law Enforcement

  • June 2014
  • 25 Stan.L.& Pol'y Rev. 341
  • Article

The Victims' Bill of Rights—Thirty Years Under Proposition 8

In 1982, the California electorate approved an initative entitled the "Victims' Bill of Rights." Though the initiative made broad changes in the state's criminal justice system, this Article focuses on those provisions that introduced radical changes in the state's rules of evidence and some aspects of criminal law and procedure. The most far-reaching provision, entitled the "Right to Truth-in-Evidence," resulted in a new evidence code that applies only to criminal cases. The section gives the prosecution and the defense a constitutional right to Read more about The Victims' Bill of Rights—Thirty Years Under Proposition 8

  • June 2014
  • 25 Stan.L.& Pol'y Rev. 379
  • Article

No Prisoner Left Behind? Enhancing Public Transparency of Penal Institutions

Prisoners suffer life-long debilitating effects from their incarceration, making them a subordinated class of people for life. This Article examines how prison conditions facilitate the creation and maintenance of a permanent underclass and concludes that enhancing transparency is the first step towards equality. Anti-subordination efforts led to enhanced transparency in schools, a similar but not identical institution. Read more about No Prisoner Left Behind? Enhancing Public Transparency of Penal Institutions

  • June 2014
  • 25 Stan.L.& Pol'y Rev. 435
  • Article

Latest Online

Supreme Unaccountability: The Nine Federal Judges to Whom No Code of Ethics Applies

The Supreme Court’s greatest assets are its integrity and the public’s trust. Yet while the Code of Conduct for United States Judges binds every lower federal court judge, and every state judge is subject to a corresponding code of ethics, the nine justices of the Supreme Court are not subject to any binding code of ethics. Both to help ensure ethical conduct by the justices and to reassure the American people of the integrity of the Court, our highest court must be held to a code of conduct.... Read more about Supreme Unaccountability: The Nine Federal Judges to Whom No Code of Ethics Applies

  • August 20, 2014
  • 26 Stan.L.& Pol'y Rev. 9

Sports Gambling Regulation and Your Grandfather (Clause)

The Professional and Amateur Sports Protection Act (“PASPA”) was a piece of federal legislation passed in 1992.[1] The statute granted Major League Baseball (“MLB”), the National Football League (“NFL”), the National Basketball Association (“NBA”), the National Hockey League (“NHL”), and the National Collegiate Athletic Association (“NCAA”) (collectively the “Sports Leagues”) the ability to enforce the statute alongside the Department of Justice (“DOJ”).... Read more about Sports Gambling Regulation and Your Grandfather (Clause)

  • August 6, 2014
  • 26 Stan.L.& Pol'y Rev. 1