: 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
: 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
: 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
: 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