: Lifetime sex offender registration statutes are common across the states, and several state supreme courts have reached conflicting results in analyzing the constitutionality of... The post State ex rel. D.D. appeared first on Harvard Law Review
: After New York State Rifle & Pistol Ass’n v. Bruen, § 922(g) challenges proliferate. Enacted as the “centerpiece” of the Gun Control Act of 1968,... The post United States v. Duarte appeared first on Harvard Law Review
: In response to the nationwide affordable housing crisis, several states have attempted to boost construction by liberalizing zoning. These reforms have been frequently challenged... The post Montanans Against Irresponsible Densification, LLC v. State 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
: Appendix: Draft Legislation A BILL To amend chapter 8 of title 5, United States Code, to provide for congressional approval and statutory authorization of... The post The Case for a New Congressional Review Act: Draft Legislation 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
: The hate crime enhancement in the federal sentencing guidelines, U.S.S.G. § 3A1.1(a), increases a defendant’s offense level by three if they “intentionally selected any victim . . . because... The post United States v. Patterson appeared first on Harvard Law Review
: In United States v. Skrmetti, the Supreme Court upheld Tennessee Senate Bill 1 (SB 1), a state law that prohibits transgender minors from accessing gender-affirming care. The post Skrmetti Beyond Scrutiny appeared first on Harvard Law Review
: If a constitutional amendment were written today, one might assume an originalist would interpret it according to its meaning today. If that originalist were... The post Lara v. Commissioner Pennsylvania State Police 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
: 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
: 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
: Lockstepping’s critics have increasingly found their voice in the courts. State constitutions are unique documents, with their own histories, texts, and procedures. But often,... The post Introduction appeared first on Harvard Law Review
: In SEC v. Jarkesy, the Supreme Court failed to fully clarify the “unquestionably muddy” relationship between Article III and the Seventh Amendment. Yet it... The post Sun Valley Orchards, LLCv. United States Department of Labor appeared first on Harvard Law Review
: “It seems a paradox, and yet it is true, that as a rule a citizen knows more of the national government, with which he... The post The Decline and Fall of the State Executive Council appeared first on Harvard Law Review
: At some point, less than two decades after the United States Supreme Court found racial segregation in the public schools to be unconstitutional, the... The post Blown Chances appeared first on Harvard Law Review
: The Supreme Court has long declared itself “supreme in the exposition of the law of the Constitution.” But that does not leave the state... The post People v. Thompson appeared first on Harvard Law Review
: President Trump is invoking new tools to bolster American economic and national security. His recent approval of Nippon Steel Corporation’s (Nippon Steel) acquisition of... The post White House Secures Corporate Governance Interest in the United States Steel Corporation appeared first on Harvard Law Review
: Substantive due process occupies a curious constitutional twilight zone, teetering somewhere between good law, cautionary apologue, and “constitutional meme.” The doctrine’s critics have been... The post The “History and Tradition” of Substantive Due Process in State Constitutions appeared first on Harvard Law Review
: The American ballot initiative is a powerful tool. Initiatives can innovate: Four states can credit ballot initiatives for legislative redistricting commissions that removed redistricting... The post Putting the Initiative Back Together appeared first on Harvard Law Review
: “God hates you wicked baby killing whores,” “cocksucker,” “fucking cunt,” and “shut your fucking mouth, you bitch” are statements that start fights. In 1791,... The post Fighting Words at the Founding appeared first on Harvard Law Review
: Justice Gorsuch, writing for the majority in Whole Woman’s Health v. Jackson, made two bold immunity claims: that state court judges possess sovereign immunity... The post Hunt v. Richmond Police Department appeared first on Harvard Law Review
: In 2021, prices in the United States and across the globe rose rapidly, reintroducing a concern that had lain mostly dormant in U.S. politics... The post The Federal Reserve’s Forgotten Credit Mandate 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
: “Not being a State often places the District of Columbia at a disadvantage. In this case, however, it works to its benefit.” So began... The post An Equitable Approach to Suing Municipalities appeared first on Harvard Law Review
: The Federal Constitution has much to say about the relationship between the federal government and the states, but it is silent as to the... The post Home Rule Reinforcement: Constitutional Local Autonomy Guarantees appeared first on Harvard Law Review
: U.S. states traditionally play a minor role in establishing national security policies, which generally fall within the federal government’s remit. But the return of great power competition with China and Russia and the accompanying proliferation of threats have spurred states to act on national security concerns. The post Federalism and the New National Security appeared first on Harvard Law Review
: Abstract The United States operates the largest immigration detention system in the world. Immigrants and watchdog groups have reported poor conditions of confinement, including... The post The Law and Lawlessness of U.S. Immigration Detention appeared first 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 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
: The current President of the United States has a relationship with the law that is casual at best and contemptuous at worst. Whether the... The post Introduction: To Keep Government Generally Within the Bounds of Law appeared first on Harvard Law Review
: A longstanding choice-of-law rule known as the internal affairs doctrine has predominated over corporate law matters in the United States since at least the 1860s. Acknowledged by the Supreme Court and generally followed by the states, the doctrine holds that the internal affairs of a corporation are governed by the law of the state where it is incorporated, notwithstanding where it may be headquartered. The post Dormancy and Delaware: An Emerging Threat to the Internal Affairs Doctrine appeared first on Harvard Law Review
: The compactness requirement has become a rule without a ruler. To curb gerrymandering, many state and local laws require electoral districts to be compact.... The post Jersey City UnitedAgainst the New Ward Map v. Jersey City Ward Commission appeared first on Harvard Law Review
: At a meeting of the WTO Committee on Agriculture on 24-25 September, WTO members addressed matters raised regarding implementation of their commitments and members' specific notifications. They also discussed a counter-notification submitted by Australia on India's support policies for sugar and heard a briefing on the global state of farming from the UN Food and Agriculture Organization (FAO). This was the first meeting under the new Chair, Mr William Horgan of
: 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 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
: Today, the FTC granted early termination of its review of Mars, Incorporated’s proposed acquisition of Kellanova. Mars is a global manufacturer of pet care, snacking, and food products. Kellanova owns legacy Kellogg brands, including in snacks, crackers, and frozen breakfasts, after spinning off its North American cereals business in 2023 as WK Kellogg Co. “The Commission cares deeply about any competition concerns that affect American consumers, including in food products,” said Daniel Guarnera, Director of the Bureau of Competition. “Commission staff closely reviewed every aspect of this transaction, including both specific product markets and potential portfolio effects from the acquisition. They turned over every stone needed to arrive at a robust assessment of the likely competitive effects of this transaction. After nearly a year of investigation, dozens upon dozens of interviews with non-parties at all levels of the supply chain (including large chains and small, independent businesses), extensive dat[...]
: Federal Trade Commission Chairman Andrew N. Ferguson has appointed Levi Swank as Deputy Director of the agency’s Bureau of Consumer Protection. Swank is an experienced consumer protection litigator who has represented clients in a wide variety of enforcement matters, class actions, and investigations. Prior to joining the FTC, Swank had spent his career in private practice at a large law firm in Washington, D.C., first as an associate and then as a partner. Swank holds a J.D. from the University of Virginia School of Law, where he was an Executive Editor of the Virginia Law Review and graduated Order of the Coif. He also holds a B.A. in Government from Patrick Henry College. Following law school, Swank clerked for the Hon. Alice M. Batchelder of the United States Court of Appeals for the Sixth
: 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 [...]
: First Consumer Review Fairness case takes on promoter’s “big bucks on Amazon” claim lfair August 6, 2018 | 11:11AM First Consumer Review Fairness case takes on promoter’s “big bucks on Amazon” claim By Lesley Fair T he marketers behind a purported money-making promotion called Sellers Playbook appear to have skipped the chapter about complying with federal and state consumer protection laws. That’s the allegation in a complaint filed by the FTC and the Minnesota Attorney General . In addition, it’s the FTC’s first case charg ing violations of the Consumer Review Fairness Act. The roots of the allegations go back to another venture sued by the FTC earlier this year: FBA Stores, also known as Amazing Wealth System and Amazon Wealth Systems. The defendants in that case ran online ads and in-person workshops that claimed to reveal the secret s of making major money on Amazon. But few, if any, of the consumers who forked over thousands of dollars and implemented their “plug-and-play systems” earn ed the kind of c[...]
: The Federal Trade Commission issued a policy statement today announcing that the Commission will not bring an enforcement action under the Children’s Online Privacy Protection Rule (COPPA Rule) against certain website and online service operators that collect, use, and disclose personal information for the sole purpose of determining a user’s age via age verification technologies. The COPPA Rule requires operators of commercial websites or online services directed to children under 13, and operators with actual knowledge they are collecting personal information from a child, to provide notice of their information practices to parents and to obtain verifiable parental consent before collecting, using, or disclosing personal information collected from a child under 13. Age verification technologies play a critical role in helping parents as they monitor their children’s online activities. Since COPPA was enacted in 1998, there’s been an explosion in the use of internet-connected technologies by children. To he[...]
: Today, the U.S. Department of Health and Human Services (HHS) and the Food and Drug Administration (FDA) issued the first of three proposed rules that aim to update infant formula nutrient requirements. While the formal rulemaking process commences, FDA has also released new chemical contaminant testing data demonstrating that most infant formula samples showed low or non-detectable levels of contaminants, according to HHS' press release . FDA intends to conduct a comprehensive review of the 30 nutrients currently required in infant formula marketed in the United States. The FDA intends to consolidate final changes to infant formula nutrient requirements into a single comprehensive final rule. Today's proposed rule (phase 1 of three) would update requirements for iodine, manganese, vitamin A, and vitamin D and reaffirm existing requirements for chloride, potassium, selenium, and sodium. It would also change the units of measure for two nutrients and request public input on potential requirements for ingredie[...]
: Planning a social media marketing campaign? Read this first. lfair November 13, 2018 | 12:24PM Planning a social media marketing campaign? Read this first. By Lesley Fair It started as one of those “run it up the flagpole” ideas to enlist big-name gymnasts to promote a brand of mosquito repellent just as news stories about the 2016 Brazil Olympics were sounding warnings about the Zika virus. Public relations firm Creaxion Corporation and specialty sports magazine publisher Inside Publications used a variety of digital strategies on behalf of the brand: athlete endorsements, social media posts, “advertorials,” and consumer reviews. But according to the FTC’s complaint , their efforts violated established FTC advertising principles. Which of those strategies are you using? And are you avoiding legal pitfalls by making appropriate disclosures? Creaxion – an Atlanta-based marketing and PR company – was approached by client HealthPro Brands to help launch its mosquito repellent. They agreed Creaxion would produce[...]
: First INFORM Consumers Act enforcement case filed against online marketplace Temu kkrown September 5, 2025 | 10:00AM First INFORM Consumers Act enforcement case filed against online marketplace Temu Online marketplaces and third party sellers looking for a refresher on the INFORM Consumers Act should look no further than the recent settlement with Whaleco, Inc., which operates the online marketplace Temu. The complaint alleges the company failed to provide online shoppers with required information and tools. This is the first case brought to enforce the INFORM Act. The INFORM Act, which went into effect in 2023, seeks to make online transactions more transparent. Among other things, the law requires online marketplaces to collect, verify, and disclose certain information about high-volume third party sellers. ( Informing Businesses about the INFORM Consumers Act has more on how the law defines terms, what’s required of online marketplaces, and the substantial penalties the FTC and state law enforcers may se[...]
: 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[...]
: FTC consumer protection year in review offers 2020 vision for your business lfair January 8, 2020 | 9:26AM FTC consumer protection year in review offers 2020 vision for your business By Lesley Fair They say hindsight is 20/20, but what about foresight? We’re not ones to prognosticate, but a look at notable FTC cases and initiatives from the past year suggests some topics likely to be top of mind in months to come. Here is a non-exhaustive list of issues in our 2019 rearview mirror and likely visible through the 2020 windshield. Consumer privacy. The FTC’s $5 billion enforcement action against Facebook made history and headlines, but the other notable part of the case is the monumental change the order mandates to Facebook’s privacy ecosystem. The Commission opinion in Cambridge Analytica reaffirms the proposition that like any other claim, a company’s privacy promises are viewed through the lens of established FTC consumer perception principles. A series of cases demonstrates the agency’s continued commitmen[...]
: Green Lights & Red Flags: FTC Rules of the Road for Business rocks on in Cleveland sgressin September 21, 2020 | 12:03PM Green Lights & Red Flags: FTC Rules of the Road for Business rocks on in Cleveland By Seena Gressin Natives and fans heartily agree that “Cleveland Rocks!” That’s why the Federal Trade Commission and its Ohio partners are ready to roll with the next installment of Green Lights & Red Flags: FTC Rules of the Road for Business , set to make its online debut on October 29, 2020, from Cleveland. The free business workshop focuses on current topics in truth-in-advertising law, social media marketing, data security, business-to-business fraud, and more. Who should attend the virtual event? Ohio business owners, marketing and advertising professionals, attorneys — anyone who needs to know how established consumer protection principles apply in today’s fast-paced marketplace. The Office of the Ohio Attorney General, Better Business Bureau Serving Greater Cleveland, and the Cuyahoga County Departme[...]
: 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[...]
: FTC challenges influencer campaign for Warner Bros.’ Shadow of Mordor game lfair July 11, 2016 | 11:17AM FTC challenges influencer campaign for Warner Bros.’ Shadow of Mordor game By Lesley Fair In the popular video game Shadow of Mordor , players don’t just randomly slash, hack, and pillage. They battle specific opponents through a feature known as the Nemesis System. In the FTC’s lawsuit against Warner Bros. Home Entertainment , truth in advertising had a nemesis: paid pitches for Shadow of Mordor that Warner Bros. deceptively claimed were independent reviews. And read on for a startlingly candid statement by one of those influencers. To help launch Shadow of Mordor , Warner Bros. brought a social media company on board to coordinate a YouTube influencer campaign. One strategy was to hire influential gamers to post videos promoting Shadow of Mordor – videos that ultimately yielded more than 5.5 million YouTube views. In addition to free game access, Warner Bros. paid the influencers cash – ranging from hun[...]
: $88 million back for AT&T customers: An inside look at a refund program lfair December 8, 2016 | 11:15AM $88 million back for AT&T customers: An inside look at a refund program By Lesley Fair Chances are that you or someone you know will be among 2.7 million AT&T Mobility customers who will be getting a refund soon. The FTC is returning a total of $88 million to people who were billed for premium text message services they didn’t authorize. But even if the settlement doesn’t directly benefit you as a consumer, it offers insights for business people about the steps the FTC takes to get refunds back to consumers – and the seriousness with which we approach that stewardship role. The FTC settlement was part of a joint action with the FCC and Attorneys General from all 50 states and the District of Columbia to crack down on mobile cramming. The FTC alleged that third parties placed unauthorized charges for trivia, horoscopes, celebrity tidbits, etc., on the phone bills of AT&T customers with AT&T pocketing a siz[...]
: BEREC presents its assessment of the Digital Networks Act proposal yannick.stephan Wed, 10/06/2026 - 18:07 Press Releases Europe’s electronic communications framework is entering a pivotal phase of reform, with the proposed Digital Networks Act (DNA ) set to update the regulatory framework for connectivity across the EU. At the BEREC public debriefing on 10 June, the BEREC Chair, Marko Mismas (AKOS, Slovenia), and the Working Group Co-Chairs presented BEREC’s assessment of the DNA proposal, outlining key regulatory considerations that emerged from its analysis. BEREC welcomes the ambition of modernising the EU connectivity framework and supporting resilient, sustainable and high-quality digital networks. At the same time, the assessment highlights areas where further refinement may be needed to ensure that the future framework strengthens rather than adds unnecessary complexity to the internal market for electronic communications. BEREC has developed thematic papers examining key elements of the proposal in [...]
: Public consultation on the draft BEREC Work Programme 2027 yannick.stephan Thu, 01/10/2026 - 09:00 Breadcrumbs Public Consultations & Calls for Inputs Deadline to submit contributions: 31 October 2026 In January this year, BEREC adopted the Outline BEREC Work Programme 2027 , which reflected BEREC's objectives for the upcoming year. BEREC launched a first Call for inputs on the Work Programme 2027 from 27 February to 15 April. During the call for proposals, several additional actions were identified. Considering the early input received, during the 68th BEREC ordinary meetings (1-2 October 2026), the Board of Regulators adopted the draft BEREC Work Programme 2027 [BoR (26) 142] for public consultation. Background BEREC prepares its annual work programme in accordance with Article 21 of the BEREC Regulation and the BEREC Strategy 2026-2030 to guide how it organises and prioritises its work towards clearly defined objectives. The 2027 draft work programme was developed inclusively and transparently, with cont[...]
: FTC challenges claims for opiate withdrawal products lfair May 4, 2017 | 11:04AM FTC challenges claims for opiate withdrawal products By Lesley Fair Is there a family or a workplace that hasn’t been touched in some way by the public health crisis of opiate addiction? It’s no wonder that advertisers are offering purported treatments. But an FTC settlement with a Texas-based business stands for the fundamental principle that companies’ health claims need the support of sound science. The products at issue were Withdrawal Ease and Recovery Ease – and the names were the first of many representations that Catlin Enterprises made about what it pitched as “The Leader in Home Opiate Detox Since 2009.” Withdrawal Ease and Recovery Ease included daytime formulations of vitamins, minerals, and herbs. The nighttime versions had different herbal blends minus the vitamins and minerals. Among the ingredients were passionflower, milk thistle, turmeric, ginger, peppermint, pomegranate, and horseradish. For people dependent o[...]
: A clothes look at the RN database: Q&A with FTC staff lfair October 5, 2017 | 11:18AM A clothes look at the RN database: Q&A with FTC staff By Lesley Fair It’s not much bigger than a postage stamp, but the label on many textile, wool, and fur products provides important information, including fiber content, country of origin, and a company name or Registered Identification Number (RN). The FTC administers the RN system and industry members will want to check out recent upgrades to the RN website . With RNs and labels on our mind, we asked some common RN-related questions to attorney Josh Millard, whom we’d label as one of the FTC’s go-to people on the subject. First things first. What’s an RN? JOSH: A Registered Identification Number (RN) is a numerical designation – the prefix RN followed by a set of digits – that identifies the company responsible for marketing, distributing or otherwise handling a product covered by the Textile, Wool, and Fur Acts. Because some labels are small and some company names a[...]