: 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
: 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
: 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
: 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
: 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
: 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
: 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
: 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
: 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