: Introduction Like many widows, Sandy Meadows faced economic uncertainty after her husband passed away. She, however, had a knack for arranging flowers and found... The postWhen Rational Basis Review Bit appeared first on Harvard Law Review
: 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
: In 2009, President Barack Obama set off a “radioactive” debate when he told the White House Press Corps that he would seek a judge... The post Bad Boy Jurisprudence appeared first on Harvard Law Review
: Our society generally agrees that possessing, producing, and distributing child sexual abuse material (CSAM) is morally reprehensible. This societal judgment is represented in sentencing... The postWhen All Files Count the Same: The Problem of Undifferentiated Images in Child Pornography Sentencing appeared first on Harvard Law Review
: Drug detection dogs are critical tools in the fight against drug trafficking. However, law enforcement canines are imperfect: They sometimes incorrectly alert when performing... The post United States v. Johnson 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
: 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
: On March 15, 2025, the White House announced that President Trump had invoked an eighteenth-century wartime authority to order the summary removal of noncitizens who were believed to be members of the Venezuelan gang Tren de Aragua.Proclamation No. 10,903, 90 Fed. Reg. 13033 (Mar. 14, 2025). The post Protecting Noncitizens’ Liberty When the Executive Seeks to Punish appeared first on Harvard Law Review
: The Takings Clause of the Fifth Amendment provides that when the government takes private property for a public purpose, it must compensate the property... The post “Background Principles” and the General Law of Property appeared first on Harvard Law Review
: The United States makes bad choices when it comes to psychoactive drugs. Under the Controlled Substances Act (CSA), U.S. drug law has simultaneously fueled mass incarceration, inhibited needed access, and enabled an opioid crisis. The post Drug Scheduling as Institutional Design appeared first on Harvard Law Review
: All legislative Powers herein granted shall be vested in a Congress of the United States . . . . — U.S. Const. art. I, § 1 Typically, when Congress... The post Separating the Powers in the Administrative State: Article I appeared first on Harvard Law Review
: Throughout American history, dance has been the “stepchild” of the arts family, an afterthought when it comes to recognition, protection, and celebration. Even as... The post Dancing on Their Own: Alternatives to Copyright for the Choreographic Community appeared first on Harvard Law Review
: Modern textualism has long criticized the use of practical, or consequentialist, reasoning when construing statutes. And yet in practice, textualist jurists long have invoked practical consequences arguments to help justify their statutory constructions. The post Practical Consequences in Statutory Interpretation 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