: 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 appeared first on Harvard Law Review
: The fundamental right to expressive association first emerged in NAACP v. Alabama ex rel. Patterson, a case that shielded a civil rights organization from... The post CompassCare v. Hochul appeared first 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. Equal and Inalienable Rights: Essays on the Universal Declaration of Human Rights . Edited by Melanie R. Bueckert & Derek B.M. Ross. Toronto: LexisNexis, 2024. xlii, 458 p. ISBN 9780433533801 (softcover) $145.00. Reviewed by Emily Da Silva Head, Research Support (Education, Law, Management, and Social Sciences) University of Ottawa Library This . . . [more] The post Book Review: Equal and Inalienable Rights: Essays on the Universal Declaration of Human Rights appeared first on Slaw
: We searched for all federal cases filed in or removed to the Southern District of Mississippi between January 1, 2007, and December 31, 2022.... The post Appendix to Civil Rights Deserts 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
: 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
: While technology advances, do Fourth Amendment rights keep pace to preserve privacy? Or do they get left behind? Regardless of the answer, it would... The post Long Lake Township v. Maxon appeared first on Harvard Law Review
: It has become increasingly difficult for civil rights plaintiffs to vindicate their rights in federal court. Barriers to successful lawsuits are plentiful. Qualified immunity... The post Without Remedies: The Effect of Cummings and the Contract Law Analogy on Antidiscrimination Spending Clause Plaintiffs appeared first on Harvard Law Review
: Federal civil rights have been in general retreat for roughly a half-century. Seeing the beginnings of this trend in the mid-1970s following the end... The post Enforcing State Constitutions Through Constitutional Torts appeared first 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 appeared first on Harvard Law Review
: Then consequently, those must be bad Laws, which authorize the Imprisoning [of] any Man for Debt, who does honestly give up to his Creditors... The post (Attenuating) the Taint of Poverty: How Fourteenth Amendment Jurisprudence and the Attenuated Doctrine Lead to Lesser Fourth Amendment Rights for the Poor appeared first on Harvard Law 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 Harvard Law Review
: Can habeas corpus cases proceed as class actions? The Supreme Court has never squarely answered that question, even in cases where lower courts certified habeas classes. But the Trump Administration’s wholesale push to expel noncitizens has forced the question to the center of modern civil rights litigation. The post Habeas Class Actions appeared first on Harvard Law Review
: State constitutions serve as important sources of individual rights. They often extend broader protections than the Federal Constitution and have, in some instances, included... The post Black Voters Matter Capacity Building Institute, Inc. v. Secretary, Florida Department of State appeared first on Harvard Law Review
: Abstract Throughout the nineteenth century and much of the twentieth, remedies for federal government misconduct were often predicated on rights to sue conferred by... The post Federal Tort Liability After Egbert v. Boule: The Case for Restoring the Officer Suit at Common Law appeared first on Harvard Law Review
: In 2022 the Human Rights Committee (HRC) held three sessions and considered the reports of Ethiopia, Japan, Kyrgyzstan, Nicaragua, Philippines, Russian Federation, China (Hong Kong), China (Macau), Georgia, Ireland, Luxembourg, Uruguay, Bolivia, Cambodia, Iraq, Israel and Qatar . It analyzed the problems of forced labour, discrimination (particularly of women, Roma and disabled people), protection of the freedom of association and the restrictions of the right to strike. The Committee on Economic, Social and Cultural Rights (CESCR) held two sessions and adopted the concluding observations in respect of Bahrain, Belarus, Czech Republic, Democratic Republic of the Congo, Serbia, Uzbekistan, El Salvador, Guatemala, Italy, Luxembourg, Mongolia and Tajikistan . It focused, in particular, on the issues of minimum wage, discrimination and unemployment. Provided the wide scope of the concluding observations, we will first focus on the topic of business and human rights, then on the issue of
: As a supplement to our Sunday Summary each month, Supreme Advocacy LLP in Ottawa presents Supreme One-Liners, a super-short descriptive guide to the most recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers its more comprehensive weekly electronic newsletter, Supreme Advocacy Letter , summarizing all Appeals, Oral Judgments and Leaves to Appeal granted. Appeals Real Property: Riparian Rights Zardev Inc. v. Dydzak, 2026 SCC 27 (41291) Clarifications re riparian rights, submerged lots, accessories. Leave to Appeal Granted Administrative Law/Police: Mandamus Royal Canadian Mounted Police External Review Committee, et al. v. Benison, et al ., 2026 FCA 53 . . . [more] The post Summaries Sunday: Supreme One-Liners appeared first on Slaw
: 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 Harvard Law Review
: Brussels, 17 November - The EDPB organises a remote event to collect stakeholders’ input on anonymisation and pseudonymisation on implications of the judgement of the Court of Justice of the European Union (CJEU) in EDPS v Single Resolution Board (SRB) . The event will take place on 12 December 2025 (time to be confirmed). This will be an opportunity to inform and support the EDPB’s ongoing work on these topics as per its work programme 2024-2025 and it reflects the EDPB’s commitment to stakeholder engagement, as outlined in the recent Helsinki statement . Who can participate? Individuals representing sector associations, organisations or NGOs and individual companies, law firms or academics are invited to express their interest to participate in this event (one participant per organisation). The EDPB encourages all organisations interested in this matter to delegate a representative with technical knowledge of these topics. As a general rule, participants will be registered on a first-come first-served b[...]
: Case number: AC-2026-LON-002515 In the High Court of Justice King’s Bench Division Administrative Court In the matter of an application for judicial review 17 July 2026 Before: The Hon. Mr Justice Sheldon Between: The King on the application of (1) RDS (2) Bayswater Support Group (Claimants) -v- Secretary of State for Health and Social Care (Defendant) and NHS England (Interested Party) Order Notification of the Judge’s Decision (CPR 54.11, 54.12) Following consideration of the documents lodged by the Claimant, the Defendant’s Summary Grounds of Defence and the Claimant’s Reply ORDER BY THE HON. Mr Justice Sheldon (1) Anonymity a. Pursuant to CPR 39.2(4) and s. 6 of the Human Rights Act 1998: i. the names of the First Claimant, his children and his former spouse are to be withheld from the public and must not be disclosed in any proceedings in public; ii. the name of the chair of the Second Claimant, her children and any partner are to be withheld from the public and must not be disclosed in any proceedings [...]
: Franchise Fundamentals: Taking a deep dive into the Franchise Disclosure Document lfair May 23, 2023 | 6:41PM Franchise Fundamentals: Taking a deep dive into the Franchise Disclosure Document By Lesley Fair Love at first sight may (or may not) be a real thing, but when it comes to investing your money, it’s unwise to fall for a franchise without first subjecting it to tough-minded scrutiny. The third in the FTC’s Franchise Fundamentals blog series walks through an essential part of that evaluation: an in-depth review of the Financial Disclosure Document (FDD) required by the FTC’s Franchise Rule . You must receive the Franchise Disclosure Document at least 14 days before you’re asked to sign any contract or pay any money to the franchisor or one of its affiliates. In fact, you have the right to the FDD once the franchisor has received your application and agrees to consider it. So speak up if you don’t receive it and ask questions – lots of them – as you review the FDD and any attached documents. Image Ind[...]
: UEFA European Football Championship and sports betting: the French Gambling Authority (ANJ) gathers operators and announces a dynamic and structuring action plan admin lun 13/09/2021 - 16:45 On 20 July 2021, the French Gambling Authority (ANJ) gathered sports betting’s operators in order to make the overview of the European Football Championship that has been scarred by some abuses. Resulting from a constructive exchange, these operators have agreed on the necessity to proceed at a rebalancing of their practices in order to preserve the recreational model of the French gambling market. As such, the ANJ introduced an action plan that seeks to reinforce operators’ compliance, to adapt and complete existing tools and, where required, to use sanctioning procedures. English Questionable practices highlighted during the European Football Championship UEFA European Football Championship 2021 confirmed the growing place of sports bets in France with EUR 434 million of online stakes. The French team matches have arou[...]
: Buckle up for a two-lane look at car buying lfair July 30, 2020 | 1:04PM Buckle up for a two-lane look at car buying By Lesley Fair It’s one of the biggest purchases people make, but two new FTC staff reports examine some common pitfalls when consumers are in the market for a car. Buckle down and read the Bureau of Consumer Protection’s Buckle Up: Navigating Auto Sales and Financing , which focuses on the challenges buyers face in getting accurate, understandable information when shopping for a vehicle. Not in the auto business? Not so fast. The deep-dive analysis of Buckle Up and an accompanying report by BCP staff and the Bureau of Economics – The Auto Buyer Study: Lessons From In-Depth Consumer Interviews And Related Research – offer insights into the perception and behavior of consumers in the study that can apply to other industries. The FTC’s interest in auto-related transactions goes back decades. (Check out Volume 1 of Federal Trade Commission Decisions for a 1919 case regarding deception in the s[...]
: By: Susannah Tredwell , Manager of Library Services at DLA Piper (Canada) LLP and James Bachmann , Instructional Librarian, Law Library, University of British Columbia Since 1988, when CALL/ACBD’s Copyright Committee was first set up, CALL/ACBD has advocated for its members' interests in the area of copyright. While the primary focus of CALL/ACBD’s copyright advocacy over the last few years has been on Crown copyright and primary law, CALL/ACBD has also made submissions about such areas as fair dealing and licencing. CALL/ACBD sees this work as not only supporting the needs of its members but also as serving the interests of access to justice as a whole. Continuing this work, on January 18, 2022 CALL/ACBD, along with Library Futures Institute, will act as an intervener in the Supreme Court of Canada case Society of Composers, Authors and Music Publishers of Canada, et al. v. Entertainment Software Association, et al. Kim Nayyer, CALL/ACBD’s President, and Robert Janes of JFK Law will be representing CALL[...]