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17 Résultats (1 - 17)
When Rational Basis Review Bit (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
Elam v. Early (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
Does the Twenty-First Amendment Displace Pike Balancing? (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
Bad Boy Jurisprudence (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
United States v. Johnson (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
Lange v. Houston County (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
In Memoriam: Justice David H. Souter (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
When All Files Count the Same: The Problem of Undifferentiated Images in Child Pornography Sentencing (Harvard Law Review)
: 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
“Background Principles” and the General Law of Property (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
Drug Scheduling as Institutional Design (Harvard Law Review)
: 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
Separating the Powers in the Administrative State: Article I (Harvard Law Review)
: 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
Dancing on Their Own: Alternatives to Copyright for the Choreographic Community (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
Practical Consequences in Statutory Interpretation (Harvard Law Review)
: Modern textualism has long criticized the use of practical, or consequentialist, reasoning when construing statutes. And yet in practice, textualist jurists long have invoked practical consequences arguments to help justify their statutory constructions. The post Practical Consequences in Statutory Interpretation appeared first on Harvard Law Review
Federalism Rebalancing and the Roberts Court: A Departure from Historical Patterns (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
Protecting Noncitizens’ Liberty When the Executive Seeks to Punish (Harvard Law Review)
: On March 15, 2025, the White House announced that President Trump had invoked an eighteenth-century wartime authority to order the summary removal of noncitizens who were believed to be members of the Venezuelan gang Tren de Aragua.Proclamation No. 10,903, 90 Fed. Reg. 13033 (Mar. 14, 2025). The post Protecting Noncitizens’ Liberty When the Executive Seeks to Punish appeared first on Harvard Law Review
When Strategy Is Not the Problem. Translation Is. (Slaw)
: 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
The “Standard” Agreement to Mediate (Slaw)
: 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