Welcome

Welcome to my website, which for now is mainly an archive of my work to which I will be adding new articles and other posts occasionally. I am currently busy coauthoring a book on affirmative action (with UCLA law professor Rick Sander), preparing to teach my spring quarter "Law and the News Media" course at Stanford Law School, and doing some other stuff, including occasional law practice. That mix could change in 2012. Meanwhile, I hope that you may find some of what's here worth reading.

Stuart

Sample Articles - Recent and Past

The Health Law And The Supreme Court: A Primer For The Upcoming Oral Arguments
March 15, 2012
Later this month, the high court will consider the fate of the health law. Here are key points to keep in mind while watching the action.
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Analysis: Keys To The Supreme Court's Health Law Review
November 14, 2011

By agreeing today to hear challenges to President Obama's 2010 health care law, the Supreme Court set the stage for a decision -- probably in late June and in the midst of the presidential campaign -- that could be among its most important in decades.

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Analysis: Handicapping Health Care Lawsuits, And The Truth-In-Labeling Factor
September 14, 2011

Beneath the thousands of pages of legal arguments in the health care lawsuits to be decided sooner-or-later by the Supreme Court lies an easier-to-grasp, if largely unarticulated, background question.

Can Congress and the president use an unprecedented and potentially limitless expansion of the power to regulate interstate commerce to avoid the political hazards of calling a tax a tax? Or might some justices effectively impose a constitutional truth-in-labeling requirement.

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Drop the DSK Charges
August 8, 2011

Prosecutors don't have a viable criminal case against Strauss-Kahn--but the hotel maid should still get her day in civil court.

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Justice Scalia's Overheated Dissent
June 1, 2011

My most recent piece, in Atlantic Online, argues that the 5-4 decision by the Supreme Court's four liberals plus Justice Kennedy to relieve California's appalling prison crowding and medical neglect is more moderate -- and should work out more sensibly -- than Scalia imagines.

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