Stanford Legal

A sweeping Stanford Law study reveals how routinely federal courts seal records, sometimes concealing information with profound implications for public health and safety. ---- Evidence of dangerous drugs, defective products, and corporate misconduct is often hidden from public view through sealed court records. And federal judges are granting requests to seal records at an astonishing rate, often...

Deborah Sivas discusses the recent rollback of environmental laws, calls to streamline environmental review to speed up development, and the role communities should play in decisions about what gets built.  --- As the push to build more infrastructure gains attention, so does debate over the role of environmental protections and public participation. How can communities have a voice in develo...

Nate Persily joins Pam Karlan to discuss efforts to change the rules governing the 2026 elections and the legal battles over how those changes would affect voting.  --- As the push to build more infrastructure gains attention, so does debate over the role of environmental protections and public participation. How can communities have a voice in development while still allowing needed projects...

Stanford’s Anne Joseph O’Connell examines who can step in when a top federal position is vacant and what recent court decisions could mean for how those positions are filled.  ---- When a top federal position is vacant, someone still has to run the office. But who gets to step in, and what powers can they exercise while the position remains unfilled? Those questions are at the center of recen...

The ACLU’s Anthony Romero unpacks a sweeping docket—from a Supreme Court showdown over birthright citizenship to voting rights and free speech—as the rule of law is tested. --- In a timely conversation about the ACLU’s massive docket of cases, Pam Karlan speaks with Anthony Romero, JD ’90, executive director of the ACLU, about the surge of civil rights and civil liberties battles facing the countr...

The Declaration as a “promissory note”—and what it demands now In the final discussion of The Declaration at 250 series, Robert P. George, McCormick Professor of Jurisprudence and Director of the James Madison Program in American Ideals and Institutions at Princeton University, argues that the Declaration of Independence should be read in the Lincoln–King tradition: not as proof that the American...

Former state solicitors general Michael Mongan and Kevin Gallagher discuss the evolving role of state solicitors general and how states work together to shape legal battles before the Supreme Court. --- When states go to court, the battles are not always divided along party lines. State solicitors general often work across state lines to defend shared interests, coordinate legal strategy, and help...

The real crisis isn’t the Declaration—it’s what we’ve stopped teaching. Peter Berkowitz, Tad and Dianne Taube Senior Fellow at the Hoover Institution, contends that universities have failed at liberal education—the cultivation of citizens prepared to exercise freedom and responsibility. He attributes the breakdown to politicized classrooms, overreliance on narrow “scientistic” approaches in the so...

"The Declaration meets the machine age" In this episode of The Declaration at 250, Michael McConnell frames a question the Founders never confronted: if the Declaration grounds rights in human nature, what happens when machines can generate persuasive, human-like language at scale? Constitutional scholar Alexander Tsesis argues that the Declaration’s conception of rights is inherently human-center...

Stanford’s Allen Weiner examines how the U.S. war with Iran raises questions about the president’s power to wage war and negotiate peace. --- The American war with Iran began with ambitious goals, including preventing Iran from acquiring a nuclear weapon and potentially bringing about regime change. But the conflict may well be leading to a very different outcome, according to Stanford Law School'...

“Two competing originalist instincts” In this episode of The Declaration at 250, Michael McConnell introduces Randy Barnett, the Patrick Hotung Professor of Constitutional Law at the Georgetown University Law Center and Faculty Director of the Georgetown Center for the Constitution alongside Eugene Volokh, the Thomas M. Siebel Senior Fellow at the Hoover Institution (Stanford), and the Gary T. Sch...

This episode highlights an often-missed story: the Declaration of Independence didn’t just shape the U.S. Constitution—it directly shaped state constitutions, many of which echo its natural-rights language more explicitly than the federal charter. Arizona Supreme Court Justice Clint Bolick argues that reading state constitutional provisions through the Declaration can strengthen enforceable limits...

This episode reframes the Declaration of Independence as more than soaring ideals about equality and natural rights. Former California Supreme Court Justice Mariano-Florentino “Tino” Cuéllar argues the text contains an underappreciated architecture of government: accountability to citizens, managing political conflict across regions, and establishing legitimate authority both domestically and in t...

Stanford’s Fred Smith examines the Supreme Court’s birthright citizenship decision, its historical roots in the Fourteenth Amendment, and the questions the Court leaves unresolved. The Fourteenth Amendment opens with a simple constitutional promise: that anyone born in the United States is a citizen. In a closely divided Supreme Court decision, that understanding of birthright citizenship is once...

Jeff Fisher discusses a term marked by major rulings across executive power, voting, and civil rights, and what they signal about the Court’s trajectory. The Supreme Court has wrapped up a consequential term, issuing decisions that could shape executive power, constitutional rights, and the balance between the branches of government for years to come. Rulings on birthright citizenship, independent...

This episode of The Declaration at 250 discussion spotlights a striking—and often overlooked—line in the Declaration of Independence: when despotism becomes systematic, “it is their right, it is their duty” to throw off such government. Martha Minow probes why the text escalates from permission to obligation, arguing that the “duty” language radically reframes political resistance as a moral deman...

Artificial intelligence is rapidly reshaping the economy, but two Stanford Law alumni argue that existing tax frameworks are failing to capture—or fairly distribute—the value it generates. Jeremy Bearer-Friend, JD '14, a professor at George Washington University Law School, and Sarah Polcz, JSM '12, JSD '20, a professor at UC Davis School of Law, join co-host Professor Richard Thompson Ford to dis...

In the opening episode of The Declaration at 250, Michael McConnell introduces former Secretary of State Condoleezza Rice and historian David Kennedy to ask a deceptively simple question: what does it actually take for democracy to work? Rice argues that the Declaration of Independence marks not the birth of democracy, but the end of tyranny—and that the real work begins afterward. Democracies flo...

00:00:00 — What new can be said about the Declaration at 250? McConnell opens with the core question and frames 250 years of interpretation, celebration, and controversy. 00:00:58 — The big themes the series will test: democracy, critiques, duties, and constitutional influence A preview of the agenda: what makes democracies flourish, modern challenges to founding principles, rights versus duties,...

The birthright citizenship case and immigration raids have drawn headlines and national attention, but Lucas Guttentag, who teaches immigration law at Stanford and Yale law schools, says some of the Trump administration’s most consequential immigration changes are unfolding with far less public scrutiny. Guttentag, one of the nation’s leading immigration law experts and founder of the ACLU Immigra...

In this special episode, recorded at the Neukom Center's Rule of Law Speaker Series, Judge J. Michael Luttig, former Fourth Circuit judge and ex-General Counsel of Boeing,  discusses a looming constitutional crises facing the United States. Drawing on Lincoln, Paine, and Churchill, Judge Luttig argues that the Trump administration's actions represent not the exploitation of constitutional vulnerab...

Former Department of Justice pardon attorney Liz Oyer describes being pulled out of a meeting, told to pack up her belongings, and walked out by security the same day. Her offense, she said, was refusing to recommend that the attorney general restore gun rights to a politically connected celebrity without the information she believed was necessary to make that judgment safely. “Once you compromise...

In the wake of the Supreme Court’s recent decision in Louisiana v. Callais , two of the nation’s leading election law scholars dissect a ruling that could soon reverberate through elections at every level of government. Nathaniel Persily joins Pam Karlan for a discussion about the Callais decision—what it means for racial representation, partisan gerrymandering, and anti-discrimination law. Karlan...

Sophia Lin Lakin, JD ’11 (MS ’04, BA ’02), director of the ACLU’s Voting Rights Project, challenges the stated premises behind many current voting restrictions, including claims about widespread non-citizen voting. “If we’re worried about the integrity of our elections,” she tells Stanford Law professor and host Pam Karlan, “we should be worried about making sure that more people are participating...

The 14th Amendment to the Constitution says: “all persons born are naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.” But on his first day back in office, President Donald Trump issued an executive order that changed that understanding. According to the President's executive order, going forward, the o...