: The editors of the HarvardLaw 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 HarvardLaw Review
: Every year, U.S. Immigration and Customs Enforcement (ICE) detains tens of thousands of noncitizens while it pursues their removal from the country. Many of... The post Banyee v. Garland appeared first on HarvardLaw Review
: It’s been another bad year for nondelegation. Although Congress cannot delegate legislative power to other branches of government, it can give executive agencies discretion... The post FCC v. Consumers’ Research appeared first on HarvardLaw Review
: Eighty-year-old Lavetta Langdon was convicted of shooting and killing her husband, Larry Langdon, while he slept. She later described decades of abuse by her... The post Making Equal Protection Protect appeared first on HarvardLaw Review
: In recent years, the Supreme Court has 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 HarvardLaw Review
: If the Warren Court reflected nearly twenty years of jurisprudence dismantling ugly systems of oppression and institutional injustice that embedded invidious practices and policies into American law and society... The post Medina v. Planned Parenthood: The Supreme Court’s Making of the New Jane Crow appeared first on HarvardLaw Review
: In the past few years, hype surrounding artificial intelligence (AI) and machine learning (ML) has reached a fever pitch. From newspapers to academic journals,... The post Machine Rulemaking: Arbitrary and Capricious Review in the Age of AI appeared first on HarvardLaw 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 HarvardLaw 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 HarvardLaw Review
: In recent years, various legislative and school board actions have sought to restrict or censor educational content related to race, gender, sexuality, and identity.1 One prominent example is Florida’s Parental Rights in Education Act2 — the “Don’t Say Gay” law — which prohibits classroom instruction on sexual orientation and gender identity in certain grades. The post Reimagining the Schoolhouse Gate: Children’s Right to Receive Information in the Age of Curriculum Censorship appeared first on HarvardLaw Review
: Every year, police perform searches governed by the Fourth Amendment on hundreds of thousands of individuals and their property throughout the United States. Many of the academy’s most decorated scholars have focused on the genesis and jurisprudential nature of the Fourth Amendment’s warrant requirement. Surprisingly, we know almost nothing about how the Fourth Amendment regulates searches and how searches actually work in practice.In this Article, we pull back the curtain on the search and seizure process by presenting the largest quantitative study of warrants of any kind. The post Unwarranted Warrants? An Empirical Analysis of Judicial Review in Search and Seizure appeared first on HarvardLaw Review