Stanford Legal

Stanford Law School
Stanford Legal
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191 épisodes

  • Stanford Legal

    Who Gets to Vote?

    30/04/2026 | 33 min
    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 in our elections and not chasing a fantasy.”

    That concern—how long-standing efforts to restrict voting access can make it harder for eligible voters to participate—runs through the episode, which was recorded shortly before the Supreme Court handed down its decision in Louisiana v. Callais. In a 6–3 ruling, the Court struck down Louisiana’s congressional map, which had created a second majority-Black district, holding that the map was an unconstitutional racial gerrymander. The decision could make it harder to use Section 2 of the Voting Rights Act to challenge maps that dilute minority voting strength.

    Lakin and Karlan discuss what is at stake when access to the ballot becomes harder and the rules for translating votes into political power begin to shift. Their conversation focuses on proof-of-citizenship requirements, mail ballots, voter roll purges, and redistricting battles, offering a timely look at the legal fights shaping who can vote, whose ballots count, and whether communities can elect representatives of their choice.

     

    Links:

    Sophia Lin Lakin >>> ACLU page

    Connect:

    Episode Transcripts >>> Stanford Legal Podcast Website

    Stanford Legal Podcast >>> LinkedIn Page

    Rich Ford >>>  Twitter/X

    Pam Karlan >>> Stanford Law School Page

    Stanford Law School >>> Twitter/X

    Stanford Lawyer Magazine >>> Twitter/X

    (00:00:00) The Three Buckets of Voting Rights 

    (00:02:35) Voter Roll Surveillance 

    (00:06:17) The Non-Citizen Voting Myth and the Dangers of Faulty Databases 

    (00:10:23) Citizenship Documentation Requirements 

    (00:16:19) Mail Voting Rules and the Materiality Provision 

    (00:21:00) Section Two of the Voting Rights Act and Redistricting Battles 

    (00:28:51) Race, Politics, and the Future of Fair Maps 

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  • Stanford Legal

    Native Nations, Federal Indian Law, and the Birthright Citizenship Case

    16/04/2026 | 32 min
    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 only people who will be U.S. citizens at birth are people who are born in the United States to parents who are citizens, at least one of whom is a citizen, or at least one of the parents is a legal permanent resident of the United States. And what does all of this mean for Native Americans? 

    In this episode, Greg Ablavsky, a Stanford Law professor and scholar of federal Indian law, joins Pam Karlan to discuss President Trump's challenge to birthright citizenship--a case now at the Supreme Court.

    The discussion centers on the 14th Amendment’s Citizenship Clause and, in particular, the meaning of the phrase “subject to the jurisdiction thereof.” Ablavsky explains why federal Indian law has become part of that debate. He traces the distinctive legal status of Native nations within the United States, the historical exception for members of tribal nations, and the way that history appears in seminal cases such as Elk v. Wilkins.  The conversation also looks at the relationship between Elk and U.S. v. Wong Kim Ark, the 1898 case that recognized birthright citizenship for a child born in the United States to Chinese parents. Along the way, Karlan and Ablavsky break down why history matters to the government’s current effort to argue for new limits on birthright citizenship--and more.

    Links:

    Gregory Ablavsky >>> Stanford Law page

    Federal Ground: Governing Property and Violence in the First U.S. Territories >>> Stanford Law page

    Connect:

    Episode Transcripts >>> Stanford Legal Podcast Website

    Stanford Legal Podcast >>> LinkedIn Page

    Rich Ford >>>  Twitter/X

    Pam Karlan >>> Stanford Law School Page

    Stanford Law School >>> Twitter/X

    Stanford Lawyer Magazine >>> Twitter/X

    (00:00:00) Who qualifies as a U.S. citizen at birth?

    (00:03:54) The Origins of the 14th Amendment 

    (00:05:58) "Subject to the Jurisdiction Thereof"

    (00:11:42) Citizenship at the Supreme Court

    (00:17:03) Native Americans, the 1924 Indian Citizenship Act, and the Presidency

    (00:18:49) The Supreme Court Oral Argument in Trump v. CASA (Barbara) — Analogies, Originalism, and the Native American

    (00:28:31) Practical Chaos, Hard Cases and What the Court Should Do

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  • Stanford Legal

    The Politics and Promise of a Billionaire Tax

    02/04/2026 | 31 min
    On this episode of Stanford Legal, host Professor Richard Thompson Ford talks taxes with Darien Shanske, JD '06, a UC Davis law professor and visiting professor at Stanford Law, who helped draft California’s proposed Billionaire Tax Act, which supporters hope to place on the November 2026 ballot. Shanske explains why he believes critics have often attacked a distorted version of the proposal, not the measure itself: a one-time 5% tax on net worth above $1 billion, payable over five years, aimed at helping California respond to widening wealth inequality and cuts to the social safety net. The conversation explores the legal design of the measure, the politics surrounding it, and the larger questions it raises about tax fairness, concentrated wealth, and what tools states should have when public needs are acute.

     

    Links:

    Darien Shanske >>> Stanford Law page

    Connect:

    Episode Transcripts >>> Stanford Legal Podcast Website

    Stanford Legal Podcast >>> LinkedIn Page

    Rich Ford >>>  Twitter/X

    Pam Karlan >>> Stanford Law School Page

    Stanford Law School >>> Twitter/X

    Stanford Lawyer Magazine >>> Twitter/X

    (00:00:32) Origins of the Billionaire Tax

    (00:05:28) Why a Wealth Tax? 

    (00:12:07) Will Billionaires Flee? 

    (00:19:06) Legal Challenges, Residency, and Retroactivity 

    (00:26:48) The National Picture 

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  • Stanford Legal

    Trump's Immigration Raids and State Pushback

    19/03/2026 | 36 min
    The Trump administration came in promising mass deportation. What has followed goes well beyond border control to matters of local policing, detention, federal power, and the limits of the law inside the United States. On this episode of Stanford Legal, co-host Professor Richard Thompson Ford talks with immigration expert Jennifer Chacón, the Bruce Tyson Mitchell Professor of Law, about the Trump administration’s immigration enforcement agenda and the profound consequences it is having in cities and communities across the country. They discuss racial profiling, ignored court orders, pressure on states and localities, and the widening reach of immigration enforcement into everyday civic life. Professor Chacón, author of a casebook on immigration law, elaborates on some of the themes in her recently published paper “The Law of the Immigration Raid.”

    Links:

    Jennifer Chacón >>> Stanford Law page

    Legal Phantoms >>> Stanford Law page

    Immigration Law and Social Justice >>> Stanford Law page

    Connect:

    Episode Transcripts >>> Stanford Legal Podcast Website

    Stanford Legal Podcast >>> LinkedIn Page

    Rich Ford >>>  Twitter/X

    Pam Karlan >>> Stanford Law School Page

    Diego Zambrano >>> Stanford Law School Page

    Stanford Law School >>> Twitter/X

    Stanford Lawyer Magazine >>> Twitter/X

     

    (00:00:00) Immigration Enforcement in 2026

    (00:03:47) The Economics of a Closed Border

    (00:09:58) Closing the Border to Asylum

    (00:10:44) Profiling in Immigration Enforcement

    (00:16:48) Courts, Defiance, and Detention

    (00:25:40) Sanctuary, Commandeering, and the Weaponization of Immigration

    (00:32:26) How States Can Restore the Humane Dimensions of Immigration Law

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  • Stanford Legal

    Stanford’s Alan Sykes on the Future of Trump’s Tariffs After the IEEPA Case

    03/03/2026 | 31 min
    When President Trump declared a national emergency and imposed sweeping tariffs under the International Emergency Economic Powers Act (IEEPA), businesses challenged the move, arguing the president did not have authority under that statute to impose tariffs. The Supreme Court recently agreed. 

    On this episode of Stanford Legal, co-host Professor Pamela Karlan sits down with international trade expert Alan Sykes, professor of law and Warren Christopher Professor in the Practice of International Law and Diplomacy, to unpack the Court’s 6–3 decision. Sykes is a leading expert on the application of economics to legal problems and the author of the book The Law and Economics of International Trade Agreements.

    At the heart of the case, Sykes explains, was the question of whether a statute that allows the president to “regulate importation” can be stretched to authorize taxes on imports. The majority said no, emphasizing that the Constitution assigns the taxing power to Congress, and that if Congress intended to hand that power over, it would have said so clearly. The conversation explores the statutory arguments, the role of the Major Questions Doctrine, and the unusual alignments among the justices.

    But the ruling raises as many questions as it answers, Sykes notes. What happens to billions in tariffs already collected? Do international trade deals struck in the shadow of these tariffs still stand? And with other statutory tools available is this really the end of the tariff saga, or just the next chapter?

    Links:

    Alan O. Sykes >>> Stanford Law page

    The Law and Economics of International Trade Agreements >>> Stanford Law page

    Connect:

    Episode Transcripts >>> Stanford Legal Podcast Website

    Stanford Legal Podcast >>> LinkedIn Page

    Rich Ford >>>  Twitter/X

    Pam Karlan >>> Stanford Law School Page

    Stanford Law School >>> Twitter/X

    Stanford Lawyer Magazine >>> Twitter/X

    (00:00:00) Tariffs and IEEPA

    (00:10:53) Statutory text and the history of tariffs

    (00:13:54) “Regulate importation” and the Major Questions Doctrine

    (00:17:56) Liquidation Timing, finality, and the 314‑day rule

    (00:19:11) The Court of International Trade

    (00:29:53) From IEEPA to Section 122 and what’s next under Section 301

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À propos de Stanford Legal

Law touches most aspects of life. Here to help make sense of it is the Stanford Legal podcast, where we look at the cases, questions, conflicts, and legal stories that affect us all every day. Pam Karlan studies and teaches a range of constitutional law-related courses with a special focus on what is known as the “law of democracy,”—the law that regulates voting, elections, and the political process. She served as a commissioner on the California Fair Political Practices Commission, an assistant counsel and cooperating attorney for the NAACP Legal Defense Fund, and (twice) as a Deputy Assistant Attorney General in the Civil Rights Division of the U.S. Department of Justice. She also co-directs the Stanford Supreme Court Litigation Clinic, which represents real clients before the highest court in the country, working on important cases including representing Edith Windsor in the landmark case striking down the federal Defense of Marriage Act and Donald Zarda in a case where the Supreme Court held that Title VII of the Civil Rights Act of 1964 protects LGBT individuals against discrimination in employment. She has argued before the Court ten times. And Rich Ford’s teaching and writing look at the relationship between law and equality, cities and urban development, popular culture and everyday life. He teaches local government law, employment discrimination, and the often-misunderstood critical race theory. He studied with and advised governments around the world on questions of equality law, lectured at places like the Sorbonne in Paris on the relationship of law and popular culture, served as a commissioner for the San Francisco Housing Commission, and worked with cities on how to manage neighborhood change and volatile real estate markets. He writes about law and popular culture for lawyers, academics, and popular audiences. His latest book is Dress Codes: How the Laws of Fashion Made History, a legal history of the rules and laws that influence what we wear. Law matters. We hope you’ll listen to new episodes that will drop on Thursdays every two weeks. To learn more, go to https://law.stanford.edu/stanford-legal-podcast/.
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