: 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 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
: 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 appeared first 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 appeared first 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 appeared first 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 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
: 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
: 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 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
: How an “invention promotion” outfit demoted the truth lfair September 13, 2017 | 11:15AM How an “invention promotion” outfit demoted the truth By Lesley Fair It sounds like there was some “inventing” going on at Florida-based invention promotion firm World Patent Marketing, but a Preliminary Injunction in a case brought by the FTC suggests it wasn’t the kind that unsuspecting consumers bargained for when they forked over millions of dollars based on the defendants’ misleading promises about patenting and promoting their products. For FTC watchers, the opinion is a page-turner from start to finish. We’ll focus on just a few of the claims the company “invented.” The defendants’ initial business model involved online ads that induced people to submit their product ideas. Salespeople responded, telling interested consumers that World Patent Marketing’s “review team” was researching the proposal because “the company is so selective with the ideas they choose to work with.” After a bit of a wait, salespeople calle[...]