: 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
: 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
: 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
: 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
: Volume 139's November Issue includes a themed crossword, available below and as a PDF. [crossword] For answers to the puzzle, click here. The post Crossword 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
: 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
: 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
: 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
: 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
: Courts often consult entrenched, preratification sources such as Blackstone’s Commentaries and The Digest of Justinian when rendering decisions in common law actions. These authorities... The post Elam v. Early 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
: 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
: 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
: 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
: 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
: After New York State Rifle & Pistol Ass’n v. Bruen, § 922(g) challenges proliferate. Enacted as the “centerpiece” of the Gun Control Act of 1968,... The post United States v. Duarte 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
: 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
: 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
: 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
: 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
: 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
: 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
: 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
: 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
: 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
: 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
: 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
: “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
: 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
: 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
: 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
: 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
: * * * Case NameCitationForm of Comparison / Level of RelianceOpinionDefensive?PlainMeaning?Abbott v. Perez138 S. Ct. 2305 (2018)Both policy and administrability / Undesirable results +... The post Appendix to Practical Consequences in Statutory Interpretation appeared first on Harvard Law Review
: 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
: 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
: 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
: 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
: 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
: [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
: 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
: 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
: 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
: 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
: 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
: This is the Appendix to The Supreme Court, 2024 Term — Leading Cases: Fuld v. Palestine Liberation Organization, 139 Harv. L. Rev. 302 (2025). The post Appendix for Fuld v. Palestine Liberation Organization appeared first on Harvard Law Review
: “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
: 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
: 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
: 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
: 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
: 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 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
: 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
: 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
: 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
: 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
: 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