[{"source":"Canadian Association of Law Libraries / L'Association canadienne des bibliothèques de droit CALL/ACBD Blog","description":"CALL member Dominique Garingan , Library Manager in the Calgary office of Parlee McLaws LLP, recently wrote an article on \" The Singular They: Gender Inclusivity in Canadian Legal Writing and Style Guides \" . It originally appeared on the website Notes Between Us on June 22, 2022 . It is reprinted here with permission. Language is a product of culture, and it is known that the English language lacks a singular pronoun that signifies the non-specific   he   or   she . Although at times unintentional, this singularity versus plurality of pronouns, coupled with gendered indicators, has helped entrench the binary perceptions of gender found in writing which we are now seeking to change.  The Department of Justice of Canada recently provided a   series of guidelines   on the use of gender-neutral language in a legislative context. These guidelines include as a recommendation the use of the singular   they   and its other grammatical forms ( them ,   themselves , and   their ) to refer to indefinite pronouns and singular nouns 1 . In addition, dictionaries such as the Oxford English Dictionary ( definition 2 | blog ), the Canadian Oxford Dictionary ( definition 3 ), the Cambridge Dictionary ( definition ) and the Merriam-Webster Dictionary ( definition | blog ) have acknowledged both the acceptability – and, for some, the controversy – of the singular   they. While there seems to be a growing acceptance towards gender inclusive and non-binary pronouns, this post seeks to explore an increasingly acknowledged yet still seemingly paradoxical entity in legal writing:   the singular   they . This post briefly investigates the use and acceptance or lack thereof of   they   as a singular pronoun through a review of a limited sample of Canadian legal research, writing, and style guides accessible to the writer. Although current writing practices on gender inclusivity may have since changed since the publication of these titles, this post hopes to assist writers, researchers, librarians, and information professionals by providing a non-exhaustive point-in-time review of Canadian legal writing references and help facilitate a turning point in the journey towards greater inclusivity in legal writing. The Literature Reviewed (in Reverse Order of Publication) Edward Berry,   Writing Reasons: A Handbook for Judges , 5th ed (Toronto: LexisNexis Canada, 2020).  In the sample of guides reviewed,   Writing Reasons   seemed to provide the most inclusive perspective in its instruction. It was somewhat refreshing to see a writing handbook for judges as being the most progressive in its recommendations, albeit also the most recently published. The guide contains a section entitled   Prejudicial Language   and provides a checklist for more inclusive strategies. (p 114-115) “Invite the parties to define their own identity” is first on the list. As an example, Berry notes that some people may prefer the gender neutral   Mx.   to   Mr.   or   Ms . “Be wary of personal pronouns” is also listed. Here, Berry states that those who don’t identify as male or female may prefer   they . Berry notes the acceptance of   they   as a singular pronoun. However, the","id":3241470,"url":"https://www.callacbd.ca/CALL-Blog/12854401","titre":"CALL Member Article: Gender Inclusivity in Canadian Legal Writing and Style Guides","pubDate":"Mon, 26 Oct 2026 07:55:48 +0100"},{"description":"Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review ( CLLR ). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD) , and its reviews cover both practice-oriented and academic publications related to the law. Legal Ethics and the Attorney General: A Canadian Analysis . By Andrew Flavelle Martin. Toronto: University of Toronto Press, 2025. xxi, 288 p. Includes bibliographic references and index. ISBN 9781487554736 (hardcover) $55.00; ISBN 9781487554774 (ePUB) $55.00; ISBN 9781487554767 (PDF) $55.00. Reviewed by Emma Scott Librarian Legislative Library of British Columbia Law . . . [more] The post Book Review: Legal Ethics and the Attorney General: A Canadian Analysis appeared first on Slaw","id":3235829,"source":"Slaw","titre":"Book Review: Legal Ethics and the Attorney General: A Canadian Analysis","url":"https://www.slaw.ca/2026/10/22/book-review-legal-ethics-and-the-attorney-general-a-canadian-analysis/","pubDate":"Fri, 23 Oct 2026 08:01:48 +0200"},{"url":"https://www.slaw.ca/2026/10/08/book-review-leading-in-the-law-with-emotional-intelligence-the-path-to-becoming-a-twenty-first-century-leader/","titre":"Book Review: Leading in the Law With Emotional Intelligence: The Path to Becoming a Twenty-First-Century Leader","pubDate":"Fri, 09 Oct 2026 07:59:51 +0200","source":"Slaw","description":"Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review ( CLLR ). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD) , and its reviews cover both practice-oriented and academic publications related to the law. Leading in the Law with Emotional Intelligence: The Path to Becoming a Twenty-First-Century Leader. By Rob Durr & Cliff Zimmerman. Durham, NC: Carolina Academic Press, 2025. 342 p. Includes index. ISBN 9781531029654 (softcover) US$49.50; ISBN 9781531029661 (eBook) US$39.60. Reviewed by Marnie Bailey Manager, Knowledge Services Fasken Martineau DuMoulin LLP Emotional intelligence, . . . [more] The post Book Review: Leading in the Law With Emotional Intelligence: The Path to Becoming a Twenty-First-Century Leader appeared first on Slaw","id":3205683},{"pubDate":"Wed, 07 Oct 2026 07:57:09 +0200","url":"https://www.slaw.ca/2026/10/06/the-standard-agreement-to-mediate/","titre":"The “Standard” Agreement to Mediate","id":3200948,"description":"Mediators are often asked by parties or their counsel to send them a copy of their “standard Agreement to Mediate” for review. But is there such a document? If by “standard” we mean some prescribed form followed by all mediators, the answer is no. Virtually every mediator has his or her own Agreement. Some are based on agreements provided in mediation training, while others are quite customized. This article has its origin in a recent mediation. One of the three lawyers attending had clearly not read the Agreement to Mediate, although it had been sent to him weeks earlier. When . . . [more] The post The “Standard” Agreement to Mediate appeared first on Slaw","source":"Slaw"},{"pubDate":"Sat, 03 Oct 2026 08:00:48 +0200","url":"https://www.slaw.ca/2026/10/02/when-strategy-is-not-the-problem-translation-is/","titre":"When Strategy Is Not the Problem. Translation Is.","id":3194791,"description":"Professional services firms spend a lot of time developing strategy. There are leadership retreats, partner interviews, market assessments, client discussions and competitive reviews. There are conversations about growth, succession, technology, culture, new markets and the future of the firm. Once the strategic plan emerges and the most significant priorities identified, the plan is presented to the partnership, everyone agrees, and then everyone goes back to work. So why do so many firms that created a perfectly good strategic plan, struggle so much with execution? This is typically because the strategy exists at one level of the organization while the work . . . [more] The post When Strategy Is Not the Problem. Translation Is. appeared first on Slaw","source":"Slaw"},{"titre":"Summaries Sunday: Supreme One-Liners","url":"https://www.slaw.ca/2026/09/27/summaries-sunday-supreme-one-liners-48/","pubDate":"Mon, 28 Sep 2026 08:00:14 +0200","source":"Slaw","description":"As a supplement to our Sunday Summary each month, Supreme Advocacy LLP in Ottawa presents Supreme One-Liners, a super-short descriptive guide to the most recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers its more comprehensive weekly electronic newsletter, Supreme Advocacy Letter , summarizing all Appeals, Oral Judgments and Leaves to Appeal granted. Leaves to Appeal Granted Arbitration: Same-Issue Estoppel; Standard of Review Vancouver School District No. 39 v. Kingsgate Property Ltd., et al., 2026 BCCA 98 (42350) Same-issue estoppel & standard of review in arbitration context. Family Law: Common Law Relationships Tanguay v. Zicat, 2025 QCCA . . . [more] The post Summaries Sunday: Supreme One-Liners appeared first on Slaw","id":3182015},{"source":"Slaw","id":3175901,"description":"Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review ( CLLR ). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD) , and its reviews cover both practice-oriented and academic publications related to the law. How to Succeed (and Stay Human) in Law School: Pathways to Happiness and High Performance in the Study and Practice of Law. By Lynda Collins. Toronto: Emond, 2025. 160 p. Includes appendices and selected resources. ISBN 9781774625590 (softcover) $31.00; ISBN 9781774625606 (eBook) $31.00. Reviewed by Katarina Daniels Research Lawyer, Library Services . . . [more] The post Book Review: How to Succeed (And Stay Human) in Law School: Pathways to Happiness and High Performance in the Study and Practice of Law appeared first on Slaw","pubDate":"Fri, 25 Sep 2026 08:02:00 +0200","titre":"Book Review: How to Succeed (And Stay Human) in Law School: Pathways to Happiness and High Performance in the Study and Practice of Law","url":"https://www.slaw.ca/2026/09/24/book-review-how-to-succeed-and-stay-human-in-law-school-pathways-to-happiness-and-high-performance-in-the-study-and-practice-of-law/"},{"description":"Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review ( CLLR ). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD) , and its reviews cover both practice-oriented and academic publications related to the law. Genocide in International Law: The Crime of Crimes . By William A. Schabas. 3rd ed. Cambridge: Cambridge University Press, 2025. xvi, 879 p. Includes abbreviation list, bibliographic references, and index. ISBN 9781009460811 (hardcover) $273.39; ISBN 9781009460781 (softcover) $120.95; 9781009460828 (eBook) $105.00. Reviewed by Emily Landriault Research Librarian (Law) Brian Dickson Law . . . [more] The post Book Review: Genocide in International Law: The Crime of Crimes appeared first on Slaw","id":3146105,"source":"Slaw","url":"https://www.slaw.ca/2026/09/10/book-review-genocide-in-international-law-the-crime-of-crimes/","titre":"Book Review: Genocide in International Law: The Crime of Crimes","pubDate":"Fri, 11 Sep 2026 07:57:23 +0200"},{"titre":"Briefcases & Cigarettes: The Law Library of 1978","url":"https://www.slaw.ca/2026/08/21/briefcases-cigarettes-the-law-library-of-1978/","pubDate":"Sat, 22 Aug 2026 07:56:57 +0200","description":"This summer our law library intern (shout out to Bailey Kaye!) is reviewing our archival casebook collection for a digitization project. Among them was a casebook for exchange students arriving at Dalhousie Law School in 1978. It outlined an introduction to the common law, as provided by the Sir James Dunn Law Library. In this casebook, the Sir James Dunn Law Library included a helpful list of general information about library etiquette. Let’s review how you were to conduct yourself in the law library of 1978, shall we? The one rule that has survived nearly word-for-word, across nearly fifty years . . . [more] The post Briefcases & Cigarettes: The Law Library of 1978 appeared first on Slaw","id":3110437,"source":"Slaw"},{"source":"Slaw","description":"Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review ( CLLR ). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD) , and its reviews cover both practice-oriented and academic publications related to the law. Frustration of Contract . By Bruce MacDougall. Toronto: LexisNexis, 2025. x, 316 p. Includes table of cases and index. ISBN 9780433524380 (softcover) $180.00. Reviewed by Susannah Tredwell Manager of Library Services DLA Piper (Canada) LLP Frustration of Contract is the latest in the series of books written by Bruce MacDougall about . . . [more] The post Book Review: Frustration of Contract appeared first on Slaw","id":3108659,"url":"https://www.slaw.ca/2026/08/20/book-review-frustration-of-contract/","titre":"Book Review: Frustration of Contract","pubDate":"Fri, 21 Aug 2026 07:57:39 +0200"},{"source":"Slaw","id":3102546,"description":"Is the re-examination of past decisions sapping the justice system’s capacity to hear and decide legal disputes at first instance? Our system has numerous ways to reopen past decisions and let a new set of adjudicators and advocates root around for errors: review, reconsideration, and motions to set aside or reopen as well as appeal itself. These re-examinations constitute a necessary organ, which serves essential functions in the justice system: correcting legal errors, delineating and refining legal rules, making new common law, and ensuring that administrative decision-makers do not exceed their jurisdiction. And yet these procedures have arguably been allowed . . . [more] The post Appellate Hypertrophy in the Canadian Justice System appeared first on Slaw","pubDate":"Wed, 19 Aug 2026 07:58:42 +0200","url":"https://www.slaw.ca/2026/08/18/appellate-hypertrophy-in-the-canadian-justice-system/","titre":"Appellate Hypertrophy in the Canadian Justice System"},{"url":"https://www.slaw.ca/2026/08/06/book-review-how-to-account-for-trauma-and-emotions-in-law-teaching/","titre":"Book Review: How to Account for Trauma and Emotions in Law Teaching","pubDate":"Fri, 07 Aug 2026 07:57:29 +0200","source":"Slaw","description":"Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review ( CLLR ). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD) , and its reviews cover both practice-oriented and academic publications related to the law. How to Account for Trauma and Emotions in Law Teaching . Edited by Mallika Kaur & Lindsay M. Harris. Cheltenham, U.K.: Edward Elgar, 2024. ix, 214 p. Includes index. ISBN 9781035307043 (hardcover) US$130.00. Reviewed by Alexia Loumankis Reference and Research Librarian Bora Laskin Law Library, University of Toronto In How to . . . [more] The post Book Review: How to Account for Trauma and Emotions in Law Teaching appeared first on Slaw","id":3080813},{"titre":"Summaries Sunday: Supreme One-Liners","url":"https://www.slaw.ca/2026/08/02/summaries-sunday-supreme-one-liners-44/","pubDate":"Mon, 03 Aug 2026 07:57:47 +0200","description":"As a supplement to our Sunday Summary each month, Supreme Advocacy LLP in Ottawa presents Supreme One-Liners, a super-short descriptive guide to the most recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers its more comprehensive weekly electronic newsletter, Supreme Advocacy Letter , summarizing all Appeals, Oral Judgments and Leaves to Appeal granted. Appeals Constitutional Law/Courts: Review of Delegated Powers Democracy Watch v. Canada (Attorney General), 2026 SCC 28 (41576) Clarifications re courts’ jurisdiction as to legality of delegated power exercise. Civil Litigation: Spoliation of Evidence SS&C Technologies Canada Corp. v. Bank of New York Mellon Corp . . . [more] The post Summaries Sunday: Supreme One-Liners appeared first on Slaw","id":3072554,"source":"Slaw"},{"url":"https://www.slaw.ca/2026/07/27/mondays-mix-660/","titre":"Monday’s Mix","pubDate":"Tue, 28 Jul 2026 07:59:58 +0200","description":"Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. Jumping off the Ivory Tower Podcast 2. Sunday Night Administrative Review 3. Librarian of Things 4. Law of Work 5. Blogue SOQUIJ Jumping off the Ivory Tower Podcast Can’t Buy My Silence Our final episode for this season focuses on the campaign to ban the misuse of . . . [more] The post Monday’s Mix appeared first on Slaw","id":3057587,"source":"Slaw"},{"pubDate":"Mon, 27 Jul 2026 07:57:56 +0200","url":"https://www.slaw.ca/2026/07/26/summaries-sunday-supreme-one-liners-43/","titre":"Summaries Sunday: Supreme One-Liners","id":3055462,"description":"As a supplement to our Sunday Summary each month, Supreme Advocacy LLP in Ottawa presents Supreme One-Liners, a super-short descriptive guide to the most recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers its more comprehensive weekly electronic newsletter, Supreme Advocacy Letter , summarizing all Appeals, Oral Judgments and Leaves to Appeal granted. Appeals Real Property: Riparian Rights Zardev Inc. v. Dydzak, 2026 SCC 27 (41291) Clarifications re riparian rights, submerged lots, accessories. Leave to Appeal Granted Administrative Law/Police: Mandamus Royal Canadian Mounted Police External Review Committee, et al. v. Benison, et al ., 2026 FCA 53 . . . [more] The post Summaries Sunday: Supreme One-Liners appeared first on Slaw","source":"Slaw"},{"source":"Slaw","id":3049386,"description":"Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review ( CLLR ). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD) , and its reviews cover both practice-oriented and academic publications related to the law. Canadian University Law: Essentials for Legal and Higher Education Professionals . By Sayeh Hassan & Anna S.P. Wong. Toronto: LexisNexis, 2025. xv, 212 p. Includes bibliographic references and index. ISBN 9780433533450 (softcover) $120.00. Reviewed by Julie A. Lavigne Legal Studies Librarian Carleton University Academic freedom and institutional autonomy, both foundations of . . . [more] The post Book Review: Canadian University Law: Essentials for Legal and Higher Education Professionals appeared first on Slaw","pubDate":"Fri, 24 Jul 2026 07:57:02 +0200","url":"https://www.slaw.ca/2026/07/23/book-review-canadian-university-law-essentials-for-legal-and-higher-education-professionals/","titre":"Book Review: Canadian University Law: Essentials for Legal and Higher Education Professionals"},{"titre":"Book Review: Equal and Inalienable Rights: Essays on the Universal Declaration of Human Rights","url":"https://www.slaw.ca/2026/07/09/book-review-equal-and-inalienable-rights-essays-on-the-universal-declaration-of-human-rights/","pubDate":"Fri, 10 Jul 2026 08:02:49 +0200","source":"Slaw","description":"Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review ( CLLR ). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD) , and its reviews cover both practice-oriented and academic publications related to the law. Equal and Inalienable Rights: Essays on the Universal Declaration of Human Rights . Edited by Melanie R. Bueckert & Derek B.M. Ross. Toronto: LexisNexis, 2024. xlii, 458 p. ISBN 9780433533801 (softcover) $145.00. Reviewed by Emily Da Silva Head, Research Support (Education, Law, Management, and Social Sciences) University of Ottawa Library This . . . [more] The post Book Review: Equal and Inalienable Rights: Essays on the Universal Declaration of Human Rights appeared first on Slaw","id":3020291},{"titre":"Appendix to Barriers and Safeguards: Access to Assisted Dying for the Socioeconomically Vulnerable","url":"https://harvardlawreview.org/print/vol-139/barriers-and-safeguards-appendix/","pubDate":"Sun, 28 Jun 2026 08:28:37 +0200","source":"Harvard Law Review","description":"Where jurisdictions have not yet clarified their stances as to particular safeguards, this Appendix characterizes their approaches as “Unclear.” If a jurisdiction imposes a... The post Appendix to Barriers and Safeguards: Access to Assisted Dying for the Socioeconomically Vulnerable appeared first on Harvard Law Review","id":2989547},{"id":2989548,"description":"* * * CaptionCitationPincite(s)Learning Res., Inc. v. Trump146 S. Ct. 628 (2026)683 n.2 (Thomas, J., dissenting); 684 (Thomas, J., dissenting)Trump v. CASA145 S. Ct.... The post Appendix to Montesquieu’s Day in Court: Recovering a Classical Understanding of Separated Powers appeared first on Harvard Law Review","source":"Harvard Law Review","pubDate":"Sun, 28 Jun 2026 08:28:37 +0200","titre":"Appendix to Montesquieu’s Day in Court: Recovering a Classical Understanding of Separated Powers","url":"https://harvardlawreview.org/print/vol-139/montesquieus-day-in-court-appendix/"},{"titre":"Appendix to Civil Rights Deserts","url":"https://harvardlawreview.org/print/vol-139/civil-rights-deserts-appendix/","pubDate":"Fri, 12 Jun 2026 08:27:51 +0200","description":"We searched for all federal cases filed in or removed to the Southern District of Mississippi between January 1, 2007, and December 31, 2022.... The post Appendix to Civil Rights Deserts appeared first on Harvard Law Review","id":2950278,"source":"Harvard Law Review"},{"url":"https://harvardlawreview.org/print/vol-139/in-memoriam-professor-richard-h-fallon-jr/","titre":"In Memoriam: Professor Richard H. Fallon, Jr.","pubDate":"Thu, 11 Jun 2026 08:30:32 +0200","source":"Harvard Law Review","description":"The editors of the Harvard Law Review respectfully dedicate this issue to Professor Richard H. Fallon, Jr. Justice Elena Kagan* Forty years ago, I... The post In Memoriam: Professor Richard H. Fallon, Jr. appeared first on Harvard Law Review","id":2947239},{"url":"https://harvardlawreview.org/print/vol-139/some-realism-about-constitutional-remedies/","titre":"Some Realism About Constitutional Remedies","pubDate":"Thu, 11 Jun 2026 08:30:31 +0200","source":"Harvard Law Review","description":"Introduction The Supreme Court has wavered between two approaches to questions of executive power, which are often labeled institutional formalism and realism. Formalism treats... The post Some Realism About Constitutional Remedies appeared first on Harvard Law Review","id":2947231},{"source":"Harvard Law Review","id":2947232,"description":"Introduction Buried in Harlow v. Fitzgerald, the Supreme Court’s leading decision on qualified immunity, a largely overlooked phrase invokes a mostly forgotten distinction in... The post Exploring the Limits of Qualified Immunity Under Harlow’s Discretionary Function Test appeared first on Harvard Law Review","pubDate":"Thu, 11 Jun 2026 08:30:31 +0200","titre":"Exploring the Limits of Qualified Immunity Under Harlow’s Discretionary Function Test","url":"https://harvardlawreview.org/print/vol-139/exploring-the-limits-of-qualified-immunity-under-harlows-discretionary-function-test/"},{"id":2947233,"description":"Introduction A crucial function of judicial review is not only “to say what the law is,” but also to provide the remedies to vindicate... The post Aggregation and the “Universal” Injunction appeared first on Harvard Law Review","source":"Harvard Law Review","pubDate":"Thu, 11 Jun 2026 08:30:31 +0200","titre":"Aggregation and the “Universal” Injunction","url":"https://harvardlawreview.org/print/vol-139/aggregation-and-the-universal-injunction/"},{"id":2947234,"description":"Because the Supreme Court is powerful, it is largely able to fulfill its legal responsibilities. Because it is a court — because it lacks both the... The post The Supreme Court Under Threat: Early Lessons in Judicial Self-Protection appeared first on Harvard Law Review","source":"Harvard Law Review","pubDate":"Thu, 11 Jun 2026 08:30:31 +0200","titre":"The Supreme Court Under Threat: Early Lessons in Judicial Self-Protection","url":"https://harvardlawreview.org/print/vol-139/the-supreme-court-under-threat-early-lessons-in-judicial-self-protection/"},{"pubDate":"Thu, 11 Jun 2026 08:30:31 +0200","titre":"Remedies for a Constitutional Crisis","url":"https://harvardlawreview.org/print/vol-139/remedies-for-a-constitutional-crisis/","source":"Harvard Law Review","id":2947235,"description":"Introduction In a constitutional showdown with the executive branch, the courts may seem to have limited remedial options. Once we reach a point where... The post Remedies for a Constitutional Crisis appeared first on Harvard Law Review"},{"source":"Harvard Law Review","id":2947236,"description":"The current President of the United States has a relationship with the law that is casual at best and contemptuous at worst. Whether the... The post Introduction: To Keep Government Generally Within the Bounds of Law appeared first on Harvard Law Review","pubDate":"Thu, 11 Jun 2026 08:30:31 +0200","url":"https://harvardlawreview.org/print/vol-139/introduction-to-keep-government-generally-within-the-bounds-of-law/","titre":"Introduction: To Keep Government Generally Within the Bounds of Law"},{"url":"https://harvardlawreview.org/print/no-volume/appendix-for-from-destruction-to-construction-the-case-for-a-new-congressional-review-act/","titre":"The Case for a New Congressional Review Act: Draft Legislation","pubDate":"Sun, 17 May 2026 14:25:28 +0200","source":"Harvard Law Review","description":"Appendix: Draft Legislation A BILL To amend chapter 8 of title 5, United States Code, to provide for congressional approval and statutory authorization of... The post The Case for a New Congressional Review Act: Draft Legislation appeared first on Harvard Law Review","id":2888693},{"description":"In Students for Fair Admissions, Inc. v. President & Fellows of Harvard College. (SFFA), the Supreme Court invalidated the race-based affirmative action programs at Harvard University and the University of North Carolina (UNC) under the Equal Protection Clause of the Fourteenth Amendment. The SFFA majority held that the programs could not survive strict scrutiny: The universities’ interests in their affirmative action programs were not sufficiently compelling... The post SFFA and the Wrong of Race-Based Statistical Discrimination appeared first on Harvard Law Review","id":2881848,"source":"Harvard Law Review","url":"https://harvardlawreview.org/print/vol-139/sffa-and-the-wrong-of-race-based-statistical-discrimination/","titre":"SFFA and the Wrong of Race-Based Statistical Discrimination","pubDate":"Wed, 13 May 2026 14:28:39 +0200"},{"url":"https://harvardlawreview.org/print/vol-139/an-equitable-approach-to-suing-municipalities/","titre":"An Equitable Approach to Suing Municipalities","pubDate":"Mon, 11 May 2026 14:25:59 +0200","source":"Harvard Law Review","description":"“Not being a State often places the District of Columbia at a disadvantage. In this case, however, it works to its benefit.” So began... The post An Equitable Approach to Suing Municipalities appeared first on Harvard Law Review","id":2877107},{"source":"Harvard Law Review","id":2877108,"description":"In Students for Fair Admissions, Inc. v. President & Fellows of Harvard College. (SFFA), the Supreme Court invalidated the race-based affirmative action programs at Harvard University and the University of North Carolina (UNC) under the Equal Protection Clause of the Fourteenth Amendment. The SFFA majority held that the programs could not survive strict scrutiny: The universities’ interests in their affirmative action programs were not sufficiently compelling... The post SFFA and the Wrongs of Race-Based Statistical Discrimination appeared first on Harvard Law Review","pubDate":"Mon, 11 May 2026 14:25:59 +0200","titre":"SFFA and the Wrongs of Race-Based Statistical Discrimination","url":"https://harvardlawreview.org/print/vol-139/sffa-and-the-wrongs-of-race-based-statistical-discrimination/"},{"description":"In his campaign for the presidency in 2024, then-candidate Donald Trump focused particular attention on immigration policy. Differentiating his proposed approach from that of the Biden Administration, Trump promised that if he were elected, he would “close the border” to migrants entering without authorization. The post Keys to the Kingdom: Immigration Control and the Accretion of Executive Power appeared first on Harvard Law Review","id":2877109,"source":"Harvard Law Review","url":"https://harvardlawreview.org/print/vol-139/keys-to-the-kingdom-immigration-control-and-the-accretion-of-executive-power/","titre":"Keys to the Kingdom: Immigration Control and the Accretion of Executive Power","pubDate":"Mon, 11 May 2026 14:25:59 +0200"},{"source":"Harvard Law Review","description":"Can habeas corpus cases proceed as class actions? The Supreme Court has never squarely answered that question, even in cases where lower courts certified habeas classes. But the Trump Administration’s wholesale push to expel noncitizens has forced the question to the center of modern civil rights litigation. The post Habeas Class Actions appeared first on Harvard Law Review","id":2877110,"titre":"Habeas Class Actions","url":"https://harvardlawreview.org/print/vol-139/habeas-class-actions/","pubDate":"Mon, 11 May 2026 14:25:59 +0200"},{"url":"https://harvardlawreview.org/print/vol-139/jersey-city-unitedagainst-the-new-ward-map-v-jersey-city-ward-commission/","titre":"Jersey City UnitedAgainst the New Ward Map v. Jersey City Ward Commission","pubDate":"Mon, 11 May 2026 14:25:58 +0200","description":"The compactness requirement has become a rule without a ruler. To curb gerrymandering, many state and local laws require electoral districts to be compact.... The post Jersey City UnitedAgainst the New Ward Map v. Jersey City Ward Commission appeared first on Harvard Law Review","id":2877102,"source":"Harvard Law Review"},{"source":"Harvard Law Review","description":"While it is well established that a finding of viewpoint discrimination suffices to hold government regulation of speech unconstitutional in nonschool contexts, the interaction... The post Defending Education v. Olentangy Local School District Board of Education appeared first on Harvard Law Review","id":2877103,"titre":"Defending Education v. Olentangy Local School District Board of Education","url":"https://harvardlawreview.org/print/vol-139/defending-education-v-olentangy-local-school-district-board-of-education/","pubDate":"Mon, 11 May 2026 14:25:58 +0200"},{"source":"Harvard Law Review","description":"Justice Gorsuch, writing for the majority in Whole Woman’s Health v. Jackson, made two bold immunity claims: that state court judges possess sovereign immunity... The post Hunt v. Richmond Police Department appeared first on Harvard Law Review","id":2877104,"titre":"Hunt v. Richmond Police Department","url":"https://harvardlawreview.org/print/vol-139/hunt-v-richmond-police-department/","pubDate":"Mon, 11 May 2026 14:25:58 +0200"},{"titre":"Redefining Organized Labor: How the Supreme Court Circumscribed the Role of Private Sector Unions in American Communities","url":"https://harvardlawreview.org/print/vol-139/redefining-organized-labor-how-the-supreme-court-circumscribed-the-role-of-private-sector-unions-in-american-communities/","pubDate":"Mon, 11 May 2026 14:25:58 +0200","source":"Harvard Law Review","description":"Organized labor is in crisis. Despite recent polling showing higher levels of public support for unions than at any time since the 1960s, the... The post Redefining Organized Labor: How the Supreme Court Circumscribed the Role of Private Sector Unions in American Communities appeared first on Harvard Law Review","id":2877105},{"pubDate":"Mon, 11 May 2026 14:25:58 +0200","url":"https://harvardlawreview.org/print/vol-139/presidential-speech-and-the-discrimination-paradox/","titre":"Presidential Speech and the Discrimination Paradox","id":2877106,"description":"The Supreme Court promises that government action is illegitimate if it “lack[s] any purpose other than a ‘bare . . . desire to harm a politically unpopular group.’”... The post Presidential Speech and the Discrimination Paradox appeared first on Harvard Law Review","source":"Harvard Law Review"},{"source":"Harvard Law Review","description":"Lockstepping’s critics have increasingly found their voice in the courts. State constitutions are unique documents, with their own histories, texts, and procedures. But often,... The post Introduction appeared first on Harvard Law Review","id":2820498,"titre":"Introduction","url":"https://harvardlawreview.org/print/vol-139/introduction-11/","pubDate":"Sat, 11 Apr 2026 08:26:14 +0200"},{"pubDate":"Sat, 11 Apr 2026 08:26:14 +0200","url":"https://harvardlawreview.org/print/vol-139/alas/","titre":"“Alas”","id":2820499,"description":"Maps have potency. . . . For better or for worse. — Alan Moore & Eddie Campbell Introduction Whether written or unwritten, young or old, constitutions can’t compel... The post “Alas” appeared first on Harvard Law Review","source":"Harvard Law Review"},{"pubDate":"Sat, 11 Apr 2026 08:26:14 +0200","url":"https://harvardlawreview.org/print/vol-139/indigenous-constitutionalism/","titre":"Indigenous Constitutionalism","source":"Harvard Law Review","id":2820500,"description":"By standard accounts, there are fifty-four constitutions across the federal, state, and territorial governments of the United States. But in fact, there are 230 other governmental constitutions that currently govern peoples and territories within the United States. These constitutions not only flow from a sovereignty that existed prior to the United States but also came out of a legal movement that asserted its independence from both the U.S. Constitution and state constitutions. This Article tells the story of these constitutions — the constitutions of Native nations. The post Indigenous Constitutionalism appeared first on Harvard Law Review"},{"description":"President Trump is invoking new tools to bolster American economic and national security. His recent approval of Nippon Steel Corporation’s (Nippon Steel) acquisition of... The post White House Secures Corporate Governance Interest in the United States Steel Corporation appeared first on Harvard Law Review","id":2820491,"source":"Harvard Law Review","url":"https://harvardlawreview.org/print/vol-139/white-house-secures-corporate-governance-interest-in-the-united-states-steel-corporation/","titre":"White House Secures Corporate Governance Interest in the United States Steel Corporation","pubDate":"Sat, 11 Apr 2026 08:26:13 +0200"},{"source":"Harvard Law Review","description":"Lifetime sex offender registration statutes are common across the states, and several state supreme courts have reached conflicting results in analyzing the constitutionality of... The post State ex rel. D.D. appeared first on Harvard Law Review","id":2820492,"titre":"State ex rel. D.D.","url":"https://harvardlawreview.org/print/vol-139/state-ex-rel-d-d/","pubDate":"Sat, 11 Apr 2026 08:26:13 +0200"},{"description":"When an employer-sponsored health plan covers mastectomies for cancer but excludes them for gender dysphoria, is that sex discrimination under Title VII? The Eleventh... The post Lange v. Houston County appeared first on Harvard Law Review","id":2820493,"source":"Harvard Law Review","url":"https://harvardlawreview.org/print/vol-139/lange-v-houston-county/","titre":"Lange v. Houston County","pubDate":"Sat, 11 Apr 2026 08:26:13 +0200"},{"id":2820494,"description":"The Federal Constitution has much to say about the relationship between the federal government and the states, but it is silent as to the... The post Home Rule Reinforcement: Constitutional Local Autonomy Guarantees appeared first on Harvard Law Review","source":"Harvard Law Review","pubDate":"Sat, 11 Apr 2026 08:26:13 +0200","titre":"Home Rule Reinforcement: Constitutional Local Autonomy Guarantees","url":"https://harvardlawreview.org/print/vol-139/home-rule-reinforcement-constitutional-local-autonomy-guarantees/"},{"url":"https://harvardlawreview.org/print/vol-139/the-decline-and-fall-of-the-state-executive-council/","titre":"The Decline and Fall of the State Executive Council","pubDate":"Sat, 11 Apr 2026 08:26:13 +0200","source":"Harvard Law Review","description":"“It seems a paradox, and yet it is true, that as a rule a citizen knows more of the national government, with which he... The post The Decline and Fall of the State Executive Council appeared first on Harvard Law Review","id":2820495},{"pubDate":"Sat, 11 Apr 2026 08:26:13 +0200","titre":"Enforcing State Constitutions Through Constitutional Torts","url":"https://harvardlawreview.org/print/vol-139/enforcing-state-constitutions-through-constitutional-torts/","source":"Harvard Law Review","id":2820496,"description":"Federal civil rights have been in general retreat for roughly a half-century. Seeing the beginnings of this trend in the mid-1970s following the end... The post Enforcing State Constitutions Through Constitutional Torts appeared first on Harvard Law Review"},{"id":2820497,"description":"Substantive due process occupies a curious constitutional twilight zone, teetering somewhere between good law, cautionary apologue, and “constitutional meme.” The doctrine’s critics have been... The post The “History and Tradition” of Substantive Due Process in State Constitutions appeared first on Harvard Law Review","source":"Harvard Law Review","pubDate":"Sat, 11 Apr 2026 08:26:13 +0200","url":"https://harvardlawreview.org/print/vol-139/the-history-and-tradition-of-substantive-due-process-in-state-constitutions/","titre":"The “History and Tradition” of Substantive Due Process in State Constitutions"},{"id":2750225,"description":"Our society generally agrees that possessing, producing, and distributing child sexual abuse material (CSAM) is morally reprehensible. This societal judgment is represented in sentencing... The post When All Files Count the Same: The Problem of Undifferentiated Images in Child Pornography Sentencing appeared first on Harvard Law Review","source":"Harvard Law Review","pubDate":"Wed, 11 Mar 2026 08:26:08 +0100","url":"https://harvardlawreview.org/print/vol-139/when-all-files-count-the-same-the-problem-of-undifferentiated-images-in-child-pornography-sentencing/","titre":"When All Files Count the Same: The Problem of Undifferentiated Images in Child Pornography Sentencing"},{"description":"Introduction On August 23, 1842, Congress quietly and quickly conferred a broad grant of rulemaking authority on the Supreme Court. The Act of Aug.... The post Making the Rules of the Rules of the Game: The Use, Misuse, and Disuse of the Rulemaking Grant in the Act of 1842 appeared first on Harvard Law Review","id":2750226,"source":"Harvard Law Review","url":"https://harvardlawreview.org/print/vol-139/making-the-rules-of-the-rules-of-the-game-the-use-misuse-and-disuse-of-the-rulemaking-grant-in-the-act-of-1842/","titre":"Making the Rules of the Rules of the Game: The Use, Misuse, and Disuse of the Rulemaking Grant in the Act of 1842","pubDate":"Wed, 11 Mar 2026 08:26:08 +0100"},{"id":2750227,"description":"All legislative Powers herein granted shall be vested in a Congress of the United States . . . . — U.S. Const. art. I, § 1 Typically, when Congress... The post Separating the Powers in the Administrative State: Article I appeared first on Harvard Law Review","source":"Harvard Law Review","pubDate":"Wed, 11 Mar 2026 08:26:08 +0100","url":"https://harvardlawreview.org/print/vol-139/separating-the-powers-in-the-administrative-state-article-i/","titre":"Separating the Powers in the Administrative State: Article I"},{"url":"https://harvardlawreview.org/print/vol-139/liberty-of-conscience-political-process-theory-and-founding-era-free-exercise/","titre":"Liberty of Conscience, Political Process Theory, and Founding-Era Free Exercise","pubDate":"Wed, 11 Mar 2026 08:26:08 +0100","description":"Religious freedom claimants have achieved tremendous success before the Supreme Court in recent years. Yet free exercise jurisprudence has bounced between skepticism and embrace... The post Liberty of Conscience, Political Process Theory, and Founding-Era Free Exercise appeared first on Harvard Law Review","id":2750228,"source":"Harvard Law Review"},{"source":"Harvard Law Review","id":2750229,"description":"At some point, less than two decades after the United States Supreme Court found racial segregation in the public schools to be unconstitutional, the... The post Blown Chances appeared first on Harvard Law Review","pubDate":"Wed, 11 Mar 2026 08:26:08 +0100","url":"https://harvardlawreview.org/print/vol-139/blown-chances/","titre":"Blown Chances"},{"id":2750230,"description":"What is a tort, and what is tort law for? On one leading scholarly account, torts are legal liability rules that seek to promote the welfare of society at large by disincentivizing socially suboptimal behavior and distributing the costs of accidents to those who can best bear them. The post What is a Tort? appeared first on Harvard Law Review","source":"Harvard Law Review","pubDate":"Wed, 11 Mar 2026 08:26:08 +0100","titre":"What is a Tort?","url":"https://harvardlawreview.org/print/vol-139/what-is-a-tort/"},{"id":2750221,"description":"“[W]here there is a legal right, there is also a legal remedy . . . .” Although Blackstone’s maxim has led to efforts to redress constitutional violations, courts... The post Fulton v. Fulton County Board of Commissioners appeared first on Harvard Law Review","source":"Harvard Law Review","pubDate":"Wed, 11 Mar 2026 08:26:07 +0100","url":"https://harvardlawreview.org/print/vol-139/fulton-v-fulton-county-board-of-commissioners/","titre":"Fulton v. Fulton County Board of Commissioners"},{"pubDate":"Wed, 11 Mar 2026 08:26:07 +0100","titre":"United States v. Johnson","url":"https://harvardlawreview.org/print/vol-139/united-states-v-johnson/","source":"Harvard Law Review","id":2750222,"description":"Drug detection dogs are critical tools in the fight against drug trafficking. However, law enforcement canines are imperfect: They sometimes incorrectly alert when performing... The post United States v. Johnson appeared first on Harvard Law Review"},{"source":"Harvard Law Review","description":"In SEC v. Jarkesy, the Supreme Court failed to fully clarify the “unquestionably muddy” relationship between Article III and the Seventh Amendment. Yet it... The post Sun Valley Orchards, LLCv. United States Department of Labor appeared first on Harvard Law Review","id":2750223,"url":"https://harvardlawreview.org/print/vol-139/sun-valley-orchards-llcv-united-states-department-of-labor/","titre":"Sun Valley Orchards, LLCv. United States Department of Labor","pubDate":"Wed, 11 Mar 2026 08:26:07 +0100"},{"pubDate":"Wed, 11 Mar 2026 08:26:07 +0100","titre":"Bad Boy Jurisprudence","url":"https://harvardlawreview.org/print/vol-139/bad-boy-jurisprudence/","source":"Harvard Law Review","id":2750224,"description":"In 2009, President Barack Obama set off a “radioactive” debate when he told the White House Press Corps that he would seek a judge... The post Bad Boy Jurisprudence appeared first on Harvard Law Review"},{"titre":"Content Neutrality for Kids: Intermediate Scrutiny for Social Media Age-Verification Laws","url":"https://harvardlawreview.org/print/vol-139/content-neutrality-for-kids-intermediate-scrutiny-for-social-media-age-verification-laws/","pubDate":"Thu, 12 Feb 2026 09:37:57 +0100","description":"The kids are not okay. Evidence of decreasing school performance, increasing rates of depression and anxiety, and declining social engagement among minors has created... The post Content Neutrality for Kids: Intermediate Scrutiny for Social Media Age-Verification Laws appeared first on Harvard Law Review","id":2690613,"source":"Harvard Law Review"},{"id":2690614,"description":"The Digital Fourth Amendment is written by Professor Orin Kerr, one of the country’s foremost authorities on the Fourth Amendment, electronic privacy, and criminal procedure. Kerr’s work has been deeply influential in shaping how courts are looking at and deciding issues raised by law enforcement’s powerful and novel capabilities, thanks to technological changes. The post Fourth Amendment Equilibrium Adjustment in an Age of Technological Upheaval appeared first on Harvard Law Review","source":"Harvard Law Review","pubDate":"Thu, 12 Feb 2026 09:37:57 +0100","titre":"Fourth Amendment Equilibrium Adjustment in an Age of Technological Upheaval","url":"https://harvardlawreview.org/print/vol-139/fourth-amendment-equilibrium-adjustment-in-an-age-of-technological-upheaval/"},{"source":"Harvard Law Review","id":2690615,"description":"The United States makes bad choices when it comes to psychoactive drugs. Under the Controlled Substances Act (CSA), U.S. drug law has simultaneously fueled mass incarceration, inhibited needed access, and enabled an opioid crisis. The post Drug Scheduling as Institutional Design appeared first on Harvard Law Review","pubDate":"Thu, 12 Feb 2026 09:37:57 +0100","titre":"Drug Scheduling as Institutional Design","url":"https://harvardlawreview.org/print/vol-139/drug-scheduling-as-institutional-design/"},{"source":"Harvard Law Review","description":"The second Trump Administration is executing an extensive immigration crackdown — pulling more people into detention, expanding Immigration and Customs Enforcement (ICE), and funneling money from... The post Construction and Management of the South Florida Detention Facility appeared first on Harvard Law Review","id":2690609,"url":"https://harvardlawreview.org/print/vol-139/construction-and-management-of-thesouth-florida-detention-facility/","titre":"Construction and Management of the South Florida Detention Facility","pubDate":"Thu, 12 Feb 2026 09:37:56 +0100"},{"source":"Harvard Law Review","id":2690610,"description":"The Supreme Court has long declared itself “supreme in the exposition of the law of the Constitution.” But that does not leave the state... The post People v. Thompson appeared first on Harvard Law Review","pubDate":"Thu, 12 Feb 2026 09:37:56 +0100","titre":"People v. Thompson","url":"https://harvardlawreview.org/print/vol-139/people-v-thompson/"},{"pubDate":"Thu, 12 Feb 2026 09:37:56 +0100","titre":"Black Voters Matter Capacity Building Institute, Inc. v. Secretary, Florida Department of State","url":"https://harvardlawreview.org/print/vol-139/black-voters-matter-capacity-building-institute-inc-v-secretary-florida-department-of-state/","source":"Harvard Law Review","id":2690611,"description":"State constitutions serve as important sources of individual rights. They often extend broader protections than the Federal Constitution and have, in some instances, included... The post Black Voters Matter Capacity Building Institute, Inc. v. Secretary, Florida Department of State appeared first on Harvard Law Review"}]