: 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
: The editors of the Harvard Law Review respectfully dedicate this issue to Professor Richard H. Fallon, Jr. Justice Elena Kagan* Forty years ago, I... The post In Memoriam: Professor Richard H. Fallon, Jr. appeared first on Harvard Law Review
: Justice Stephen G. Breyer* At a memorial service held at Harvard Memorial Church on March 22, 2024, Justice Breyer delivered a tribute to Professor... The post In Memoriam: Professor Charles Fried appeared first on 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
: Justice Gorsuch, writing for the majority in Whole Woman’s Health v. Jackson, made two bold immunity claims: that state court judges possess sovereign immunity... The post Hunt v. Richmond Police Department appeared first on Harvard Law Review
: The Warren Court’s legacy is ubiquitous. With the eponymous Chief Justice Warren at the helm, the Supreme Court featured a strong majority of left-of-center jurists, and those “liberal lions” ruled (or roared) accordingly. The post To a Conservative Warren Court appeared first on Harvard Law Review
: Today, it seems obvious that criminal defendants can waive constitutional rights. Plea bargains make up the vast majority of criminal convictions, and defendants routinely trade their rights — to indictment, to remain silent, to an attorney, to a jury — in exchange for a faster trial or a lesser charge. The modern criminal legal system is a regime of negotiated justice. Rights used to have more force. The post The First Criminal Procedure Revolution appeared first on Harvard Law Review
: Is the re-examination of past decisions sapping the justice system’s capacity to hear and decide legal disputes at first instance? Our system has numerous ways to reopen past decisions and let a new set of adjudicators and advocates root around for errors: review, reconsideration, and motions to set aside or reopen as well as appeal itself. These re-examinations constitute a necessary organ, which serves essential functions in the justice system: correcting legal errors, delineating and refining legal rules, making new common law, and ensuring that administrative decision-makers do not exceed their jurisdiction. And yet these procedures have arguably been allowed . . . [more] The post Appellate Hypertrophy in the Canadian Justice System appeared first on Slaw
: 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
: 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[...]