: 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
: 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
: 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
: 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
: 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
: 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
: 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
: 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
: “[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
: 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
: 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