: 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 appearedfirst on Harvard Law Review
: The Supreme Court has consistently confirmed that nonobscene sexually explicit content is First Amendment–protected expression. It has treated this sexually explicit content the same... The post Free Speech Coalition, Inc. v. Paxton appearedfirst 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 appearedfirst 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 appearedfirst on Harvard Law Review
: Over two decades after then-Professor Elena Kagan published her seminal article Presidential Administration, presidential involvement in agency action has increased so much that it... The post Nebraska v. Su appearedfirst on Harvard Law Review
: Introduction Who’s afraid of a bankruptcy filing? Perhaps we all should be given the increasingly outsized role that bankruptcy law plays in our market... The post Who’s Afraid of Bankruptcy appearedfirst on Harvard Law Review
: In Trump v. CASA, Inc., the Supreme Court held that federal courts may not issue “universal injunctions” unless “necessary to provide complete relief to... The post CASA’s Complete Relief Paradox appearedfirst 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 appearedfirst 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 appearedfirst 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 appearedfirst on Harvard Law Review
: This Appendix provides the dataset used in the Note, Codify Gardner. The table below lists the decisions that cited Gardner’s presumption, or the pro-veteran... The post Appendix for Codify Gardner appearedfirst 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 appearedfirst 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 appearedfirst 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 appearedfirst on Harvard Law Review
: Abstract How should the law respond to intentionally useless objects that are constructed from scarce materials and thrust into an overcrowded world?Approximately sixty million... The post Waste, Property, and Useless Things appearedfirst on Harvard Law Review
: [H]istory repeats itself, and that’s just how it goes. — J. Cole It is often said that “a lie can travel halfway around the... The post Beyond Section 230: Principles for AI Governance appearedfirst 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 appearedfirst 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 appearedfirst on Harvard Law Review
: It’s no secret that artificial intelligence (AI) has posed a challenge for lawmakers. Tackling the technological complexity, rapid pace of development, and broad variety... The post Co-Governance and the Future of AI Regulation appearedfirst on Harvard Law Review
: It has long been taken for granted that creativity is a uniquely human ability. Copyright doctrine, designed to incentivize creativity, is built on such... The post Artificial Intelligence and the Creative Double Bind appearedfirst on Harvard Law Review
: Bankruptcy courts occupy an odd place in the judicial system. In Stern v. Marshall, the Supreme Court held that the Constitution guarantees parties in... The post Excluded Lenders v. Serta Simmons Bedding, L.L.C. appearedfirst on Harvard Law Review
: In recent years, the Supreme Court has developed the “major questions doctrine,” an interpretive presumption that Congress must speak clearly before delegating to an... The post The Compatibility of Substantive Canons and Originalism appearedfirst on Harvard Law Review
: The Supreme Court promises that government action is illegitimate if it “lack[s] any purpose other than a ‘bare . . . desire to harm a politically unpopular group.’”... The post Presidential Speech and the Discrimination Paradox appearedfirst 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 appearedfirst 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 appearedfirst on Harvard Law Review
: While it is well established that a finding of viewpoint discrimination suffices to hold government regulation of speech unconstitutional in nonschool contexts, the interaction... The post Defending Education v. Olentangy Local School District Board of Education appearedfirst 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 appearedfirst 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 appearedfirst 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 appearedfirst on Harvard Law Review
: In his campaign for the presidency in 2024, then-candidate Donald Trump focused particular attention on immigration policy. Differentiating his proposed approach from that of the Biden Administration, Trump promised that if he were elected, he would “close the border” to migrants entering without authorization. The post Keys to the Kingdom: Immigration Control and the Accretion of Executive Power appearedfirst 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 appearedfirst on Harvard Law Review
: If the Warren Court reflected nearly twenty years of jurisprudence dismantling ugly systems of oppression and institutional injustice that embedded invidious practices and policies into American law and society... The post Medina v. Planned Parenthood: The Supreme Court’s Making of the New Jane Crow appearedfirst 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 post When All Files Count the Same: The Problem of Undifferentiated Images in Child Pornography Sentencing appearedfirst on Harvard Law Review
: 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
: 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 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
: 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 appearedfirst on Harvard Law Review
: Queering Reproductive Justice and Liberating Abortion are not books of theory. I want to make this clear from the start because the work of “queering” a topic can sometimes be followed by paragraphs filled with words like deontological, epistemic, and discursive (not that there’s anything wrong with those words). The post How to Get Free in a Time of Retrenchment appearedfirst on Harvard Law Review
: 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
: In Students for Fair Admissions, Inc. v. President & Fellows of Harvard College. (SFFA), the Supreme Court invalidated the race-based affirmative action programs at Harvard University and the University of North Carolina (UNC) under the Equal Protection Clause of the Fourteenth Amendment. The SFFA majority held that the programs could not survive strict scrutiny: The universities’ interests in their affirmative action programs were not sufficiently compelling... The post SFFA and the Wrongs of Race-Based Statistical Discrimination appearedfirst on Harvard Law Review
: In Students for Fair Admissions, Inc. v. President & Fellows of Harvard College. (SFFA), the Supreme Court invalidated the race-based affirmative action programs at Harvard University and the University of North Carolina (UNC) under the Equal Protection Clause of the Fourteenth Amendment. The SFFA majority held that the programs could not survive strict scrutiny: The universities’ interests in their affirmative action programs were not sufficiently compelling... The post SFFA and the Wrong of Race-Based Statistical Discrimination appearedfirst 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 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
: This summer our law library intern (shout out to Bailey Kaye!) is reviewing our archival casebook collection for a digitization project. Among them was a casebook for exchange students arriving at Dalhousie Law School in 1978. It outlined an introduction to the common law, as provided by the Sir James Dunn Law Library. In this casebook, the Sir James Dunn Law Library included a helpful list of general information about library etiquette. Let’s review how you were to conduct yourself in the law library of 1978, shall we? The one rule that has survived nearly word-for-word, across nearly fifty years . . . [more] The post Briefcases & Cigarettes: The Law Library of 1978 appearedfirst on Slaw
: Professional services firms spend a lot of time developing strategy. There are leadership retreats, partner interviews, market assessments, client discussions and competitive reviews. There are conversations about growth, succession, technology, culture, new markets and the future of the firm. Once the strategic plan emerges and the most significant priorities identified, the plan is presented to the partnership, everyone agrees, and then everyone goes back to work. So why do so many firms that created a perfectly good strategic plan, struggle so much with execution? This is typically because the strategy exists at one level of the organization while the work . . . [more] The post When Strategy Is Not the Problem. Translation Is. 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[...]