: There has been increased skepticism of sexual harassment claims, both in the public sphere and in the courts. Recently, in Anderson v. Mott Street,... The post Anderson v. Mott Street, 104 F.4th 646 (7th Cir. 2024) appeared first on Harvard Law Review
: Introduction Celsius Network, a cryptocurrency platform and lender, filed for bankruptcy in 2022. Through its course of business, Celsius had acquired the financial data... The post Data Privacy in Bankruptcy: The Consumer Privacy Ombudsman appeared first on Harvard Law Review
: Throughout American history, dance has been the “stepchild” of the arts family, an afterthought when it comes to recognition, protection, and celebration. Even as... The post Dancing on Their Own: Alternatives to Copyright for the Choreographic Community appeared first on Harvard Law Review
: One of the early lessons we learn in life is that things seek balance. When a parent pushes their child on a swing set,... The post Federalism Rebalancing and the Roberts Court: A Departure from Historical Patterns appeared first on Harvard Law Review
: Absent alcohol, dormant commerce clause doctrine is mostly familiar. Courts use strict scrutiny when state laws discriminate — facially, in purpose, or in effect — against... The post Does the Twenty-First Amendment Displace Pike Balancing? appeared first on Harvard Law Review
: Introduction Who’s afraid of a bankruptcy filing? Perhaps we all should be given the increasingly outsized role that bankruptcy law plays in our market... The post Who’s Afraid of Bankruptcy appeared first on Harvard Law Review
: Abstract How should the law respond to intentionally useless objects that are constructed from scarce materials and thrust into an overcrowded world?Approximately sixty million... The post Waste, Property, and Useless Things appeared first on Harvard Law Review
: Abstract The United States operates the largest immigration detention system in the world. Immigrants and watchdog groups have reported poor conditions of confinement, including... The post The Law and Lawlessness of U.S. Immigration Detention appeared first on Harvard Law Review
: Justice Stephen G. Breyer* At a memorial service held at Harvard Memorial Church on March 22, 2024, Justice Breyer delivered a tribute to Professor... The post In Memoriam: Professor Charles Fried appeared first on Harvard Law Review
: How to regulate speech on social media platforms has been the subject of vigorous debate and recent Supreme Court opinions. In particular, government agencies... The post People for the Ethical Treatment of Animals v. Tabak appeared first on Harvard Law Review
: It has become increasingly difficult for civil rights plaintiffs to vindicate their rights in federal court. Barriers to successful lawsuits are plentiful. Qualified immunity... The post Without Remedies: The Effect of Cummings and the Contract Law Analogy on Antidiscrimination Spending Clause Plaintiffs appeared first on Harvard Law Review
: Chief Justice John Marshall recognized that Indian tribes are “distinct, independent political communities, retaining their original natural rights, as the undisputed possessors of the... The post Lexington Insurance Co. v. Smith appeared first on Harvard Law Review
: Every year, U.S. Immigration and Customs Enforcement (ICE) detains tens of thousands of noncitizens while it pursues their removal from the country. Many of... The post Banyee v. Garland appeared first on Harvard Law Review
: [H]istory repeats itself, and that’s just how it goes. — J. Cole It is often said that “a lie can travel halfway around the... The post Beyond Section 230: Principles for AI Governance appeared first on Harvard Law Review
: ChatGPT’s debut in November of 2022 set off a race in Silicon Valley to develop and monetize artificial intelligence (AI). Within a few months,... The post Amoral Drift in AI Corporate Governance appeared first on Harvard Law Review
: It’s no secret that artificial intelligence (AI) has posed a challenge for lawmakers. Tackling the technological complexity, rapid pace of development, and broad variety... The post Co-Governance and the Future of AI Regulation appeared first on Harvard Law Review
: It has long been taken for granted that creativity is a uniquely human ability. Copyright doctrine, designed to incentivize creativity, is built on such... The post Artificial Intelligence and the Creative Double Bind appeared first on Harvard Law Review
: Introduction Resetting Antidiscrimination Law in the Age of AI Antidiscrimination Law Before AI A Typology of “AI Regulations” The Output-Based Puzzle Conclusion Artificial Intelligence... The post Developments in the Law — Artificial Intelligence appeared first on Harvard Law Review
: On June 21, 2022, the U.S. Attorney for the Southern District of New York brought suit against Meta Platforms for discriminating against Facebook users... The post Resetting Antidiscrimination Law in the Age of AI appeared first on Harvard Law Review
: Writing about artificial intelligence (AI) presents challenges. Indeed, the field has evolved rapidly and offers the potential for significant paradigm changes, making it the... The post Introduction appeared first on Harvard Law Review
: Police use of force continues to be a significant problem in American law and society. Recent discussions have focused on doctrinal issues such as what type of force is considered “reasonable” under the Fourth Amendment and the propriety of qualified immunity as a defense that can shield law enforcement from civil litigation. However, there has been little commentary on how these and other legal questions might be informed by medicine — specifically, victim diagnoses that might effectively absolve officers from criminal prosecution or civil liability. The post Excited Delirium, Policing, and the Law of Evidence appeared first on Harvard Law Review
: In response to the nationwide affordable housing crisis, several states have attempted to boost construction by liberalizing zoning. These reforms have been frequently challenged... The post Montanans Against Irresponsible Densification, LLC v. State appeared first on Harvard Law Review
: While technology advances, do Fourth Amendment rights keep pace to preserve privacy? Or do they get left behind? Regardless of the answer, it would... The post Long Lake Township v. Maxon appeared first on Harvard Law Review
: The hate crime enhancement in the federal sentencing guidelines, U.S.S.G. § 3A1.1(a), increases a defendant’s offense level by three if they “intentionally selected any victim . . . because... The post United States v. Patterson appeared first on Harvard Law Review
: The American ballot initiative is a powerful tool. Initiatives can innovate: Four states can credit ballot initiatives for legislative redistricting commissions that removed redistricting... The post Putting the Initiative Back Together appeared first on Harvard Law Review
: In 2021, prices in the United States and across the globe rose rapidly, reintroducing a concern that had lain mostly dormant in U.S. politics... The post The Federal Reserve’s Forgotten Credit Mandate appeared first on Harvard Law Review
: Then consequently, those must be bad Laws, which authorize the Imprisoning [of] any Man for Debt, who does honestly give up to his Creditors... The post (Attenuating) the Taint of Poverty: How Fourteenth Amendment Jurisprudence and the Attenuated Doctrine Lead to Lesser Fourth Amendment Rights for the Poor appeared first on Harvard Law Review
: Introduction Like many widows, Sandy Meadows faced economic uncertainty after her husband passed away. She, however, had a knack for arranging flowers and found... The post When Rational Basis Review Bit appeared first on Harvard Law Review
: In the past few years, hype surrounding artificial intelligence (AI) and machine learning (ML) has reached a fever pitch. From newspapers to academic journals,... The post Machine Rulemaking: Arbitrary and Capricious Review in the Age of AI appeared first on Harvard Law Review
: Queering Reproductive Justice and Liberating Abortion are not books of theory. I want to make this clear from the start because the work of “queering” a topic can sometimes be followed by paragraphs filled with words like deontological, epistemic, and discursive (not that there’s anything wrong with those words). The post How to Get Free in a Time of Retrenchment appeared first on Harvard Law Review
: Prison law is characterized by judicial deference to penal administrators. Despite the well-documented horrors that occur behind prison walls, federal and state courts often decline to intervene, asserting, among other things, that prisoners’ rights are limited and that the judicial branch lacks the power and expertise to get involved in the inner workings of detention facilities. Moreover, jurists often assume that the nation’s first courts largely stayed out of prisons and jails, and contemporary judicial deference is therefore historically rooted. The post The Forgotten History of Prison Law: Judicial Oversight of Detention Facilities in the Nation’s Early Years appeared first on Harvard Law Review
: Over two decades after then-Professor Elena Kagan published her seminal article Presidential Administration, presidential involvement in agency action has increased so much that it... The post Nebraska v. Su appeared first on Harvard Law Review
: If a constitutional amendment were written today, one might assume an originalist would interpret it according to its meaning today. If that originalist were... The post Lara v. Commissioner Pennsylvania State Police appeared first on Harvard Law Review
: The fundamental right to expressive association first emerged in NAACP v. Alabama ex rel. Patterson, a case that shielded a civil rights organization from... The post CompassCare v. Hochul appeared first on Harvard Law Review
: Eighty-year-old Lavetta Langdon was convicted of shooting and killing her husband, Larry Langdon, while he slept. She later described decades of abuse by her... The post Making Equal Protection Protect appeared first on Harvard Law Review
: The Gardner presumption, also known as the pro-veteran canon, is a substantive canon of interpretation named after the Supreme Court case Brown v. Gardner. The canon instructs courts to construe ambiguous statutes concerning veterans’ benefits in favor of the veteran. While the canon today rarely acts as a tiebreaker, it has historically represented a strong congressional intent to care for veterans. The post Codify Gardner appeared first on Harvard Law Review
: The Takings Clause of the Fifth Amendment provides that when the government takes private property for a public purpose, it must compensate the property... The post “Background Principles” and the General Law of Property appeared first on Harvard Law Review
: “God hates you wicked baby killing whores,” “cocksucker,” “fucking cunt,” and “shut your fucking mouth, you bitch” are statements that start fights. In 1791,... The post Fighting Words at the Founding appeared first on Harvard Law Review
: Every year, police perform searches governed by the Fourth Amendment on hundreds of thousands of individuals and their property throughout the United States. Many of the academy’s most decorated scholars have focused on the genesis and jurisprudential nature of the Fourth Amendment’s warrant requirement. Surprisingly, we know almost nothing about how the Fourth Amendment regulates searches and how searches actually work in practice.In this Article, we pull back the curtain on the search and seizure process by presenting the largest quantitative study of warrants of any kind. The post Unwarranted Warrants? An Empirical Analysis of Judicial Review in Search and Seizure appeared first on Harvard Law Review
: * * * APPENDIX I: EXAMPLES OF WARRANT AFFIDAVITS Figure I.A: Standard DUI Warrant Example Figure I.B: “Form” Affidavit for General Warrant Figure I.C:... The post Appendix for Unwarranted Warrants? An Empirical Analysis of Judicial Review in Search and Seizure appeared first on Harvard Law Review
: This Appendix provides the dataset used in the Note, Codify Gardner. The table below lists the decisions that cited Gardner’s presumption, or the pro-veteran... The post Appendix for Codify Gardner appeared first on Harvard Law Review
: Copyright has become the battleground à la mode for AI-related litigation. Referring to the technology as “nothing more than a plagiarism machine” developed by... The post Recovering Personality in Copyright’s Originality Inquiry appeared first on Harvard Law Review
: In 1927, a Supreme Court of Nebraska opinion quoted testimony from the physician who examined capital defendant Frank Carter: “[H]e belonged to a type... The post Bias Baked In: How Antisocial Personality Disorder Diagnoses Trigger Legal Failure appeared first on Harvard Law Review
: Introduction A high school biology teacher was traveling on a train from Nantes to Paris. She had with her, in a wicker basket, twenty... The post Snails, Trains, and Pragmatist Claims appeared first on Harvard Law Review
: Abstract Throughout the nineteenth century and much of the twentieth, remedies for federal government misconduct were often predicated on rights to sue conferred by... The post Federal Tort Liability After Egbert v. Boule: The Case for Restoring the Officer Suit at Common Law appeared first on Harvard Law Review
: Abstract This Article explores Founding-era views about the grounding of constitutional rights and how those rights obtained determinate legal content. Today, we typically view... The post Determining Rights appeared first on Harvard Law Review
: The editors of the Harvard Law Review respectfully dedicate this issue to Professor Gerald E. Frug. Chief Judge David J. Barron* Jerry gave me... The post Professor Gerald E. Frug appeared first on Harvard Law Review
: With minors spending more time than ever on social media, many parents are concerned about its effects on their children. In response, legislatures across... The post H.B. 3, 2024 Leg., Reg. Sess. (Fla. 2024) appeared first on Harvard Law Review
: Bankruptcy courts occupy an odd place in the judicial system. In Stern v. Marshall, the Supreme Court held that the Constitution guarantees parties in... The post Excluded Lenders v. Serta Simmons Bedding, L.L.C. appeared first on Harvard Law Review
: In Trump v. CASA, Inc., the Supreme Court held that federal courts may not issue “universal injunctions” unless “necessary to provide complete relief to... The post CASA’s Complete Relief Paradox appeared first on Harvard Law Review
: In recent years, the Supreme Court has developed the “major questions doctrine,” an interpretive presumption that Congress must speak clearly before delegating to an... The post The Compatibility of Substantive Canons and Originalism appeared first on Harvard Law Review
: On the evening of October 16, 2024, Javier Estrada stood near the corner of Van Ness and Market Street in San Francisco. He was... The post Fast Track to Deportation: Street Dealers and Cooperative Federalism in San Francisco appeared first on Harvard Law Review
: Today, it seems obvious that criminal defendants can waive constitutional rights. Plea bargains make up the vast majority of criminal convictions, and defendants routinely trade their rights — to indictment, to remain silent, to an attorney, to a jury — in exchange for a faster trial or a lesser charge. The modern criminal legal system is a regime of negotiated justice. Rights used to have more force. The post The First Criminal Procedure Revolution appeared first on Harvard Law Review
: U.S. states traditionally play a minor role in establishing national security policies, which generally fall within the federal government’s remit. But the return of great power competition with China and Russia and the accompanying proliferation of threats have spurred states to act on national security concerns. The post Federalism and the New National Security appeared first on Harvard Law Review
: Chief Justice John G. Roberts, Jr.* In a bench statement delivered when the Supreme Court convened on May 9, 2025, Chief Justice Roberts offered... The post In Memoriam: Justice David H. Souter appeared first on Harvard Law Review
: This is the Appendix to Jack Goldsmith, The Supreme Court, 2024 Term — Comment: Interim Orders, the Presidency, and Judicial Supremacy, 139 Harv. L. Rev. 86... The post Appendix for Interim Orders, the Presidency, and Judicial Supremacy appeared first on Harvard Law Review
: Since it burst into American public consciousness in 2018, TikTok has amassed roughly 170 million monthly U.S. users and more than one billion worldwide... The post TikTok Inc. v. Garland appeared first on Harvard Law Review
: The Supreme Court has consistently confirmed that nonobscene sexually explicit content is First Amendment–protected expression. It has treated this sexually explicit content the same... The post Free Speech Coalition, Inc. v. Paxton appeared first on Harvard Law Review
: It’s been another bad year for nondelegation. Although Congress cannot delegate legislative power to other branches of government, it can give executive agencies discretion... The post FCC v. Consumers’ Research appeared first on Harvard Law Review
: A revolution has occurred in the law of religious freedom. At this point, the picture is reasonably clear. The Supreme Court has greatly expanded the scope of the Free Exercise Clause. The post The Structure of Religious Preference appeared first on Harvard Law Review
: In United States v. Skrmetti, the Supreme Court upheld Tennessee Senate Bill 1 (SB 1), a state law that prohibits transgender minors from accessing gender-affirming care. The post Skrmetti Beyond Scrutiny appeared first on Harvard Law Review
: If the Warren Court reflected nearly twenty years of jurisprudence dismantling ugly systems of oppression and institutional injustice that embedded invidious practices and policies into American law and society... The post Medina v. Planned Parenthood: The Supreme Court’s Making of the New Jane Crow appeared first on Harvard Law Review
: Article III protects federal judges with life tenure and salary guarantees. But politics still impacts federal courts, especially the Supreme Court. The post Interim Orders, the Presidency, and Judicial Supremacy appeared first on Harvard Law Review
: The Warren Court’s legacy is ubiquitous. With the eponymous Chief Justice Warren at the helm, the Supreme Court featured a strong majority of left-of-center jurists, and those “liberal lions” ruled (or roared) accordingly. The post To a Conservative Warren Court appeared first on Harvard Law Review