: In the past few years, hype surrounding artificial intelligence (AI) and machine learning (ML) has reached a fever pitch. From newspapers to academic journals,... The post Machine Rulemaking: Arbitrary and Capricious Review in the Age of AI appeared first on Harvard Law Review
: The editors of the Harvard Law Review respectfully dedicate this issue to Professor Richard H. Fallon, Jr. Justice Elena Kagan* Forty years ago, I... The post In Memoriam: Professor Richard H. Fallon, Jr. appeared first on Harvard Law Review
: Every year, U.S. Immigration and Customs Enforcement (ICE) detains tens of thousands of noncitizens while it pursues their removal from the country. Many of... The post Banyee v. Garland appeared first on Harvard Law Review
: It’s been another bad year for nondelegation. Although Congress cannot delegate legislative power to other branches of government, it can give executive agencies discretion... The post FCC v. Consumers’ Research appeared first on Harvard Law Review
: Eighty-year-old Lavetta Langdon was convicted of shooting and killing her husband, Larry Langdon, while he slept. She later described decades of abuse by her... The post Making Equal Protection Protect 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
: Religious freedom claimants have achieved tremendous success before the Supreme Court in recent years. Yet free exercise jurisprudence has bounced between skepticism and embrace... The post Liberty of Conscience, Political Process Theory, and Founding-Era Free Exercise appeared first 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 appeared first on Harvard Law Review
: 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
: 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
: 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 appeared first on Slaw
: 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[...]
: 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[...]
: Introduction There are several ways of conceiving heritage conservation. For the purpose of this paper, we need to start from the premise that what we call “heritage” is a dynamic, evolving reality, and that a historic district such as “Old Québec” can undergo structuring transformations rooted in a process of heritage conservation. In Old Québec, the process of conservation —also referred to “patrimonialization”—has not received the attention it deserves. This paper aims to shed light on the process of functional requalification has undergone by Old Québec since the 1950s, within the broader context of its transformation into a historic district. It is based on discourse analysis (Berthold, 2013), supported by a diversifie body of documentation, including primary sources, such as archival documents, press reviews, geospatial and land-use data, and official reports. It is complemented by a body of scholarly literature devoted to Old Québec since the 1970s. First, we explain the sociohistorical process that l[...]