: The Supreme Courthas 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
: Can habeas corpus cases proceed as class actions? The Supreme Courthas 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
: A revolution has occurred in the law of religious freedom. At this point, the picture is reasonably clear. The Supreme Courthas greatly expanded the scope of the Free Exercise Clause. The post The Structure of Religious Preference appeared first on Harvard Law Review
: The Supreme Courthas 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
: Introduction The Supreme Courthas 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
: In recent years, the Supreme Courthas 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
: “[W]here there is a legal right, there is also a legal remedy . . . .” Although Blackstone’s maxim has led to efforts to redress constitutional violations, courts... The post Fulton v. Fulton County Board of Commissioners 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
: 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
: 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
: Religious freedom claimants have achieved tremendous success before the Supreme Court in recent years. Yet free exercise jurisprudence has bounced between skepticism and embrace... The post Liberty of Conscience, Political Process Theory, and Founding-Era Free Exercise 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
: The growth of self-representation in all adjudicative settings may ultimately require a new approach to adjudication that is even more fundamental than a root and branch overhaul of procedure and practice. What legislators and courts may need to consider is the development of forums that are focused on and limited to adjudicating cases involving SRLs. Such courts would channel cases involving SRLs into a specific forum where court participants, including the adjudicator and court staff and any required wrap-around services, would exclusively plan for and engage with litigants who do not have legal representation. One such experiment has been underway . . . [more] The post Imagining a Possible Future: Self-Represented Litigant Courts appeared first on Slaw
: Copyright has several rules which apply automatically. If an employee creates a work in the scope of employment, and absent an agreement to the contrary, the employer is the first owner of the copyright in the work. [1] The Ontario Court of Appeal had occasion to focus on what is meant by the words ‘in the scope of employment’ in Nexus Solutions Inc. v. Krougly , 2026 ONCA 199. At trial, the Court held that the employer, Nexus Solutions, did not establish that the software in question was created by Krougly ‘in the scope’ of employment, even though Krougly secretly . . . [more] The post Scope of Employment appeared first on Slaw
: 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
: Many generative AI tools are relatively easy to access and use. For example, no technical expertise is required to pull up and type a prompt into ChatGPT, and the most basic version is free. This reality has led to a significant amount of “shadow AI” use within organizations; that is, uses of AI that are not formally approved or are even contrary to formal policies. Concerns about shadow AI commonly arise in the context of private companies, with some studies indicating that over 80% of workers report using unapproved tools at work. Much less discussed – and worthy of far . . . [more] The post Shadow AI: A Growing Problem for Canadian Courts appeared first on 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. Canadian Class Actions Monitor 2. Know How 3. Canadian Appeals Monitor 4. David Whelan 5. Welcome to the Food Court Canadian Class Actions Monitor Submission to Finance Canada as part of its Pre-budget Consultations in Advance of the upcoming 2025 Fall Federal Budget There has been a . . . [more] The post Monday’s Mix appeared first on 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. ABlawg.ca 2. Crossroad Family Law Blog 3. The Court 4. Hull & Hull Blog 5. Risk Management & Crisis Response ABlawg.ca Intimate Image Abuse in the Age of Deepfakes: Reforming Alberta’s Civil Legislation: Part 1 One in ten American teenagers personally knows someone who has had deepfake . . . [more] The post Monday’s Mix appeared first on Slaw
: 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
: Preoccupation with the ongoing armed conflict in Iran has diverted attention from the grim aftermath of Iran’s nation-wide protests that began on 28 December 2025, during which tens of thousands of protestors were killed, arrested, or disappeared. Lawyers were prevented from reaching their detained clients. Lawyers themselves were among those detained simply for trying to do their jobs. Protestors are now being tried without legal representation before courts that lack any semblance of independence or impartiality. Frequent executions are now being carried out following hasty and grossly unfair proceedings. Dissidents who flee Iran may be subjected to transnational repression in . . . [more] The post Iranian Lawyers Under Attack in Iran and Abroad appeared first on Slaw
: This column presents excerpts from a student paper, completed under the University of Toronto’s Community Research Partnership in Ethics program; the full paper will be published by the National Self-Represented Litigants Project later this year. Over the past 20 years, Alberta’s family justice system has distinguished itself from other jurisdictions by implementing mandatory forms of assistance. In 2005, the Alberta government launched mandatory meetings for SRLs in provincial court, pursuant to the Intake and Caseflow Management Regulation. [1] Building on this, and recognizing the inherent difficulties associated with an SRL’s journey through the family law system, the new Family Justice . . . [more] The post The Utility of Mandatory Assistance for Self-Represented Litigants in Alberta appeared first on Slaw
: Claim No: KB-2026-002571 In the High Court of Justice King’s Bench Division 29 July 2026 Before: Mr Justice Fordham Between: HXS -v- Daniel Ryan Kane Robert Samms Dylan Nelson The person or persons unknown (a) who have communicated with the Claimant by email from the email address dannyryan_94@hotmail.co.uk; or (b) who have communicated with the Claimant by ordinary text message from +1 917 722 9086; or (c) who has communicated with the Claimant by WhatsApp numbers +1 940 601 2821 and +44 7423 436872; or (d) who have communicated with the Claimant by Telegram accounts @edm2181 and @dg96dg; or (e) who have communicated with the Claimant via the Seeking dating website; or (f) who use or have used a Revolut account under the name Daniel Ryan with the GB IBAN GB76 REVO 2301 2083 5150 68 and the BIC/SWIFT code REVOGB21; or (g) who use or have used the Wise bank account under the name Kane Robert Sams with IBAN: GB76 REVO 2301 2083 5150 68 and BIC/SWIFT: REVOGB21 The post HXS -v- persons unknown and others appeare[...]
: Claim No: KB-2026-002571 In the High Court of Justice King’s Bench Division 29 July 2026 Before: Mr Justice Fordham Between: HSX -v- Daniel Ryan Kane Robert Samms Dylan Nelson The person or persons unknown (a) who have communicated with the Claimant by email from the email address dannyryan_94@hotmail.co.uk; or (b) who have communicated with the Claimant by ordinary text message from +1 917 722 9086; or (c) who has communicated with the Claimant by WhatsApp numbers +1 940 601 2821 and +44 7423 436872; or (d) who have communicated with the Claimant by Telegram accounts @edm2181 and @dg96dg; or (e) who have communicated with the Claimant via the Seeking dating website; or (f) who use or have used a Revolut account under the name Daniel Ryan with the GB IBAN GB76 REVO 2301 2083 5150 68 and the BIC/SWIFT code REVOGB21; or (g) who use or have used the Wise bank account under the name Kane Robert Sams with IBAN: GB76 REVO 2301 2083 5150 68 and BIC/SWIFT: REVOGB21 The post HSX -v- persons unknown and others appeare[...]
: UT ref: UA-2026-000083-PIP In the Upper Tribunal Administrative Appeals Chamber 28 October 2026 Before: Stewart Wright Judge of the Upper Tribunal Between: LC -v- Secretary of State for Work and Pensions Anonymity Order Appellant: LC Respondents: Secretary of State for Work and Pensions Tribunal: First tier Tribunal (Social Entitlement Chamber) Tribunal venue: Scarborough Tribunal Case Nos: SC231/24/00181 Tribunal decision date: 29 August 2025 NOTICE: Any breach of this order is liable to be treated as a contempt of court and may be punishable by imprisonment, fine or other sanctions under section 25 of the Tribunals, Courts and Enforcement Act 2007. The maximum punishment that may be imposed is a sentence of two years’ imprisonment or an unlimited fine. It is ordered , under rule 14(1)(b) of the Tribunal Procedure (Upper Tribunal Rules) 2008, that, without the permission of this Tribunal, no one shall disclose or publish the name, or any part of the address, of the appellant in these proceedings or publish [...]
: We can’t go for that (no can do) lfair July 17, 2017 | 11:38AM We can’t go for that (no can do) By Lesley Fair Of course, phantom debt collection – the practice of pressuring people to pay “debts” they don’t owe – harms consumers. But as an FTC complaint demonstrates, when phantom debt collectors strike, they could affect your company, too. According to the FTC , a Florida-based outfit engaged in a scheme to defraud consumers through the collection of debts people didn’t actually owe or the company didn’t have the authority to collect. The complaint charges that the defendants – Hardco Holding Group, S & H Financial Group, Dequan M. Sicard, and Daryl M. Hall (no, not that Daryl Hall) – violated the FTC Act and Fair Debt Collection Practices Act. When contacting consumers, in many instances the defendants allegedly impersonated attorneys and threatened to have people thrown in jail if they didn’t pay up on delinquent payday loans – loans, remember, that many consumers didn’t take out in the first place and de[...]