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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
Introduction (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
State ex rel. D.D. (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
Lexington Insurance Co. v. Smith (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
Fighting Words at the Founding (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
Some Realism About Constitutional Remedies (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
Waste, Property, and Useless Things (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.B. 3, 2024 Leg., Reg. Sess. (Fla. 2024) (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
Book Review: Leading in the Law With Emotional Intelligence: The Path to Becoming a Twenty-First-Century Leader (Slaw)
: 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
Content Neutrality for Kids: Intermediate Scrutiny for Social Media Age-Verification Laws (Harvard Law Review)
: 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
Cangrejeros de Santurce Baseball Club, LLC v. Liga de Béisbol Profesional de Puerto Rico, Inc. (Harvard Law Review)
: Baseball isn’t unique only for being “America’s pastime.” It is also unique because activities involving the “business . . . of base[ball]” are exempt from federal antitrust laws... The post Cangrejeros de Santurce Baseball Club, LLC v. Liga de Béisbol Profesional de Puerto Rico, Inc. appeared first on Harvard Law Review
Book Review: Frustration of Contract (Slaw)
: 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
Without Remedies: The Effect of Cummings and the Contract Law Analogy on Antidiscrimination Spending Clause Plaintiffs (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
What is a Tort? (Harvard Law Review)
: 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
Book Review: Legal Ethics and the Attorney General: A Canadian Analysis (Slaw)
: 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
Book Review: How to Account for Trauma and Emotions in Law Teaching (Slaw)
: 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
Book Review: Canadian University Law: Essentials for Legal and Higher Education Professionals (Slaw)
: 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
Book Review: Genocide in International Law: The Crime of Crimes (Slaw)
: 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
Book Review: Equal and Inalienable Rights: Essays on the Universal Declaration of Human Rights (Slaw)
: 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
How to Get Free in a Time of Retrenchment (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
Fourth Amendment Equilibrium Adjustment in an Age of Technological Upheaval (Harvard Law Review)
: 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
Indigenous Constitutionalism (Harvard Law Review)
: 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
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
Book Review: How to Succeed (And Stay Human) in Law School: Pathways to Happiness and High Performance in the Study and Practice of Law (Slaw)
: 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
Dormancy and Delaware: An Emerging Threat to the Internal Affairs Doctrine (Harvard Law Review)
: A longstanding choice-of-law rule known as the internal affairs doctrine has predominated over corporate law matters in the United States since at least the 1860s. Acknowledged by the Supreme Court and generally followed by the states, the doctrine holds that the internal affairs of a corporation are governed by the law of the state where it is incorporated, notwithstanding where it may be headquartered. The post Dormancy and Delaware: An Emerging Threat to the Internal Affairs Doctrine 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 Forgotten History of Prison Law: Judicial Oversight of Detention Facilities in the Nation’s Early Years (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
Monday’s Mix (Slaw)
: 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
CALL Member Article: Gender Inclusivity in Canadian Legal Writing and Style Guides (Canadian Association of Law Libraries / L'Association canadienne des bibliothèques de droit CALL/ACBD Blog)
: 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 s[...]