: Abstract This Article explores Founding-era views about the grounding of constitutional rights and how those rights obtained determinate legal content. Today, we typically view... The post Determining Rights appearedfirst 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 appearedfirst on Harvard Law Review
: Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review ( CLLR ). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD) , and its reviews cover both practice-oriented and academic publications related to the law. Canadian University Law: Essentials for Legal and Higher Education Professionals . By Sayeh Hassan & Anna S.P. Wong. Toronto: LexisNexis, 2025. xv, 212 p. Includes bibliographic references and index. ISBN 9780433533450 (softcover) $120.00. Reviewed by Julie A. Lavigne Legal Studies Librarian Carleton University Academic freedom and institutional autonomy, both foundations of . . . [more] The post Book Review: Canadian University Law: Essentials for Legal and Higher Education Professionals appearedfirst on Slaw
: In 1927, a Supreme Court of Nebraska opinion quoted testimony from the physician who examined capital defendant Frank Carter: “[H]e belonged to a type... The post Bias Baked In: How Antisocial Personality Disorder Diagnoses Trigger Legal Failure appearedfirst on Harvard Law Review
: Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review ( CLLR ). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD) , and its reviews cover both practice-oriented and academic publications related to the law. Legal Ethics and the Attorney General: A Canadian Analysis . By Andrew Flavelle Martin. Toronto: University of Toronto Press, 2025. xxi, 288 p. Includes bibliographic references and index. ISBN 9781487554736 (hardcover) $55.00; ISBN 9781487554774 (ePUB) $55.00; ISBN 9781487554767 (PDF) $55.00. Reviewed by Emma Scott Librarian Legislative Library of British Columbia Law . . . [more] The post Book Review: Legal Ethics and the Attorney General: A Canadian Analysis appearedfirst on Slaw
: Because the Supreme Court is powerful, it is largely able to fulfill its legal responsibilities. Because it is a court — because it lacks both the... The post The Supreme Court Under Threat: Early Lessons in Judicial Self-Protection appearedfirst on Harvard Law Review
: Nathalie Dupuy-Loup, Associée au sein du département Assurance, Construction et Risques Industriels du cabinet Alerion Avocats, signe un article dans le numéro 10 de The Legal Industry Reviews France intitulé :« La qualification d’ouvrage en matière de travaux de rénovation d’équipements industriels ». L’article revient sur les enjeux liés à l’application de la garantie décennale […] The post La qualification d’ouvrage en matière de travaux de rénovation d’équipements industriels appearedfirst on Alerion Avocats Paris
: 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 appearedfirst on Harvard Law Review
: Article rédigé par Nathalie Dupuy-Loup, associée au sein du département Assurance Construction et Risques Industriels, dans le n°9 de l’édition France de The Legal Industry Review. En bref : Dans une décision du 17 mars 2025 (CE, n°491682), le Conseil d’État admet que le titulaire d’un marché public à forfait puisse obtenir le paiement de […] The post Paiement des travaux supplémentaires dans les marchés à prix forfaitaire : une clarification bienvenue du Conseil d’État appearedfirst on Alerion Avocats Paris
: What is a tort, and what is tort law for? On one leading scholarly account, torts are legal liability rules that seek to promote the welfare of society at large by disincentivizing socially suboptimal behavior and distributing the costs of accidents to those who can best bear them. The post What is a Tort? appearedfirst 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 appearedfirst on Slaw
: Police use of force continues to be a significant problem in American law and society. Recent discussions have focused on doctrinal issues such as what type of force is considered “reasonable” under the Fourth Amendment and the propriety of qualified immunity as a defense that can shield law enforcement from civil litigation. However, there has been little commentary on how these and other legal questions might be informed by medicine — specifically, victim diagnoses that might effectively absolve officers from criminal prosecution or civil liability. The post Excited Delirium, Policing, and the Law of Evidence appearedfirst on Harvard Law Review
: By standard accounts, there are fifty-four constitutions across the federal, state, and territorial governments of the United States. But in fact, there are 230 other governmental constitutions that currently govern peoples and territories within the United States. These constitutions not only flow from a sovereignty that existed prior to the United States but also came out of a legal movement that asserted its independence from both the U.S. Constitution and state constitutions. This Article tells the story of these constitutions — the constitutions of Native nations. The post Indigenous Constitutionalism appearedfirst on Harvard Law Review
: 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. Jumping off the Ivory Tower Podcast 2. Sunday Night Administrative Review 3. Librarian of Things 4. Law of Work 5. Blogue SOQUIJ Jumping off the Ivory Tower Podcast Can’t Buy My Silence Our final episode for this season focuses on the campaign to ban the misuse of . . . [more] The post Monday’s Mix appearedfirst on Slaw
: 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[...]