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* * * CaptionCitationPincite(s)Learning Res., Inc. v. Trump146 S. Ct. 628 (2026)683 n.2 (Thomas, J., dissenting); 684 (Thomas, J., dissenting)Trump v. CASA145 S. Ct.... The post Appendix to Montesquieu’s Day in Court: Recovering a Classical Understanding of Separated Powers appeared first on Harvard Law Review
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2026/06/28:
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Where jurisdictions have not yet clarified their stances as to particular safeguards, this Appendix characterizes their approaches as “Unclear.” If a jurisdiction imposes a... The post Appendix to Barriers and Safeguards: Access to Assisted Dying for the Socioeconomically Vulnerable appeared first on Harvard Law Review
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2026/06/12:
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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
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2026/06/11:
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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 Right Deserts appeared first on Harvard Law Review
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2026/06/11:
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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
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2026/06/11:
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* * * CaptionCitationPincite(s)Learning Res., Inc. v. Trump146 S. Ct. 628 (2026)683 n.2 (Thomas, J., dissenting); 684 (Thomas, J., dissenting)Trump v. CASA145 S. Ct.... The post Appendix to U.S. Supreme Court Cases Citing or Quoting Montesquieu appeared first on Harvard Law Review
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2026/06/11:
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Where jurisdictions have not yet clarified their stances as to particular safeguards, this Appendix characterizes their approaches as “Unclear.” If a jurisdiction imposes a... The post Appendix to A Comprehensive Descriptive Matrix for the Restrictiveness of International Assisted Dying Programs appeared first on Harvard Law Review
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2026/06/11:
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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
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2026/06/11:
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Introduction In a constitutional showdown with the executive branch, the courts may seem to have limited remedial options. Once we reach a point where... The post Remedies for a Constitutional Crisis appeared first on Harvard Law Review
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2026/06/11:
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Because the Supreme Court is powerful, it is largely able to fulfill its legal responsibilities. Because it is a court — because it lacks both the... The post The Supreme Court Under Threat: Early Lessons in Judicial Self-Protection appeared first on Harvard Law Review
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2026/06/11:
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Introduction A crucial function of judicial review is not only “to say what the law is,” but also to provide the remedies to vindicate... The post Aggregation and the “Universal” Injunction appeared first on Harvard Law Review
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2026/06/11:
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Introduction Buried in Harlow v. Fitzgerald, the Supreme Court’s leading decision on qualified immunity, a largely overlooked phrase invokes a mostly forgotten distinction in... The post Exploring the Limits of Qualified Immunity Under Harlow’s Discretionary Function Test appeared first on Harvard Law Review
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2026/06/11:
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Introduction The Supreme Court has wavered between two approaches to questions of executive power, which are often labeled institutional formalism and realism. Formalism treats... The post Some Realism About Constitutional Remedies appeared first on Harvard Law Review
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2026/05/17:
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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
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2026/05/13:
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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 appeared first on Harvard Law Review
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2026/05/11:
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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
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2026/05/11:
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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 appeared first on Harvard Law Review
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2026/05/11:
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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 appeared first on Harvard Law Review
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2026/05/11:
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“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
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2026/05/11:
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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 appeared first on Harvard Law Review
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2026/05/11:
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Organized labor is in crisis. Despite recent polling showing higher levels of public support for unions than at any time since the 1960s, the... The post Redefining Organized Labor: How the Supreme Court Circumscribed the Role of Private Sector Unions in American Communities appeared first on Harvard Law Review
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2026/05/11:
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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
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2026/05/11:
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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 appeared first on Harvard Law Review
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2026/05/11:
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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
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2026/04/11:
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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
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2026/04/11:
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Maps have potency. . . . For better or for worse. — Alan Moore & Eddie Campbell Introduction Whether written or unwritten, young or old, constitutions can’t compel... The post “Alas” appeared first on Harvard Law Review
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2026/04/11:
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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
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2026/04/11:
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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
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2026/04/11:
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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
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2026/04/11:
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“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
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2026/04/11:
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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
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2026/04/11:
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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 appeared first on Harvard Law Review
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2026/04/11:
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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
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2026/04/11:
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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
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2026/03/11:
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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? appeared first on Harvard Law Review
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2026/03/11:
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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
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2026/03/11:
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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
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2026/03/11:
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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
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2026/03/11:
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Introduction On August 23, 1842, Congress quietly and quickly conferred a broad grant of rulemaking authority on the Supreme Court. The Act of Aug.... The post Making the Rules of the Rules of the Game: The Use, Misuse, and Disuse of the Rulemaking Grant in the Act of 1842 appeared first on Harvard Law Review
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2026/03/11:
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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 appeared first on Harvard Law Review
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2026/03/11:
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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 appeared first on Harvard Law Review
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2026/03/11:
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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
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2026/03/11:
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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
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2026/03/11:
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“[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
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2026/02/12:
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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
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2026/02/12:
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The Digital Fourth Amendment is written by Professor Orin Kerr, one of the country’s foremost authorities on the Fourth Amendment, electronic privacy, and criminal procedure. Kerr’s work has been deeply influential in shaping how courts are looking at and deciding issues raised by law enforcement’s powerful and novel capabilities, thanks to technological changes. The post Fourth Amendment Equilibrium Adjustment in an Age of Technological Upheaval appeared first on Harvard Law Review
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2026/02/12:
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The kids are not okay. Evidence of decreasing school performance, increasing rates of depression and anxiety, and declining social engagement among minors has created... The post Content Neutrality for Kids: Intermediate Scrutiny for Social Media Age-Verification Laws appeared first on Harvard Law Review
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2026/02/12:
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Sometimes what we call a practice can matter just as much as the practice itself. Jury nullification has a storied history dating back to... The post The Semantics of Jury Nullification: How Terminology Shapes (and Misshapes) the Jury’s Role appeared first on Harvard Law Review
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2026/02/12:
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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
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2026/02/12:
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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
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2026/02/12:
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The second Trump Administration is executing an extensive immigration crackdown — pulling more people into detention, expanding Immigration and Customs Enforcement (ICE), and funneling money from... The post Construction and Management of the South Florida Detention Facility appeared first on Harvard Law Review
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2026/01/13:
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* * * Case NameCitationForm of Comparison / Level of RelianceOpinionDefensive?PlainMeaning?Abbott v. Perez138 S. Ct. 2305 (2018)Both policy and administrability / Undesirable results +... The post Appendix to Practical Consequences in Statutory Interpretation appeared first on Harvard Law Review
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2026/01/13:
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Modern textualism has long criticized the use of practical, or consequentialist, reasoning when construing statutes. And yet in practice, textualist jurists long have invoked practical consequences arguments to help justify their statutory constructions. The post Practical Consequences in Statutory Interpretation appeared first on Harvard Law Review
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2026/01/13:
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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 appeared first on Harvard Law Review
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2026/01/13:
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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
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2026/01/13:
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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
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2026/01/13:
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Baseball isn’t unique only for being “America’s pastime.” It is also unique because activities involving the “business . . . of base[ball]” are exempt from federal antitrust laws... The post Cangrejeros de Santurce Baseball Club, LLC v. Liga de Béisbol Profesional de Puerto Rico, Inc. appeared first on Harvard Law Review
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2026/01/13:
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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
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2026/01/13:
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Courts often consult entrenched, preratification sources such as Blackstone’s Commentaries and The Digest of Justinian when rendering decisions in common law actions. These authorities... The post Elam v. Early appeared first on Harvard Law Review
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2025/12/22:
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* * * Case NameCitationForm of Comparison / Level of RelianceOpinionDefensive?PlainMeaning?Abbott v. Perez138 S. Ct. 2305 (2018)Both policy and administrability / Undesirable results +... The post Practical Consequences in Statutory Interpretation appeared first on Harvard Law Review
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2025/12/12:
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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
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2025/12/12:
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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
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2025/12/12:
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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
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2025/12/12:
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On the evening of October 16, 2024, Javier Estrada stood near the corner of Van Ness and Market Street in San Francisco. He was... The post Fast Track to Deportation: Street Dealers and Cooperative Federalism in San Francisco appeared first on Harvard Law Review
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2025/12/12:
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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
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2025/12/12:
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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 appeared first on Harvard Law Review
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2025/12/12:
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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. appeared first on Harvard Law Review
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2025/11/12:
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Volume 139's November Issue includes a themed crossword, available below and as a PDF. [crossword] For answers to the puzzle, click here. The post Crossword appeared first on Harvard Law Review
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2025/11/11:
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This is the Appendix to The Supreme Court, 2024 Term — Leading Cases: Fuld v. Palestine Liberation Organization, 139 Harv. L. Rev. 302 (2025). The post Appendix for Fuld v. Palestine Liberation Organization appeared first on Harvard Law Review
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2025/11/11:
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The Warren Court’s legacy is ubiquitous. With the eponymous Chief Justice Warren at the helm, the Supreme Court featured a strong majority of left-of-center jurists, and those “liberal lions” ruled (or roared) accordingly. The post To a Conservative Warren Court appeared first on Harvard Law Review
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2025/11/11:
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Article III protects federal judges with life tenure and salary guarantees. But politics still impacts federal courts, especially the Supreme Court. The post Interim Orders, the Presidency, and Judicial Supremacy appeared first on Harvard Law Review
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2025/11/11:
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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
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2025/11/11:
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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
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2025/11/11:
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A revolution has occurred in the law of religious freedom. At this point, the picture is reasonably clear. The Supreme Court has greatly expanded the scope of the Free Exercise Clause. The post The Structure of Religious Preference appeared first on Harvard Law Review
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2025/11/11:
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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
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2025/11/11:
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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
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2025/11/11:
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Since it burst into American public consciousness in 2018, TikTok has amassed roughly 170 million monthly U.S. users and more than one billion worldwide... The post TikTok Inc. v. Garland appeared first on Harvard Law Review
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2025/10/26:
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This is the Appendix to Jack Goldsmith, The Supreme Court, 2024 Term — Comment: Interim Orders, the Presidency, and Judicial Supremacy, 139 Harv. L. Rev. 86... The post Appendix for Interim Orders, the Presidency, and Judicial Supremacy appeared first on Harvard Law Review
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2025/06/12:
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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 appeared first on Harvard Law Review
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2025/06/12:
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* * * APPENDIX I: EXAMPLES OF WARRANT AFFIDAVITS Figure I.A: Standard DUI Warrant Example Figure I.B: “Form” Affidavit for General Warrant Figure I.C:... The post Appendix for Unwarranted Warrants? An Empirical Analysis of Judicial Review in Search and Seizure appeared first on Harvard Law Review
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2025/06/12:
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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
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2025/06/12:
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“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
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2025/06/12:
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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 appeared first on Harvard Law Review
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2025/06/12:
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The Gardner presumption, also known as the pro-veteran canon, is a substantive canon of interpretation named after the Supreme Court case Brown v. Gardner. The canon instructs courts to construe ambiguous statutes concerning veterans’ benefits in favor of the veteran. While the canon today rarely acts as a tiebreaker, it has historically represented a strong congressional intent to care for veterans. The post Codify Gardner appeared first on Harvard Law Review
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2025/06/12:
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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
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2025/06/12:
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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
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2025/06/12:
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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
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2025/06/12:
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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
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2025/05/15:
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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
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2025/05/15:
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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 appeared first on Harvard Law Review
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2025/05/15:
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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
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2025/05/15:
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Introduction Like many widows, Sandy Meadows faced economic uncertainty after her husband passed away. She, however, had a knack for arranging flowers and found... The post When Rational Basis Review Bit appeared first on Harvard Law Review
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2025/05/15:
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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
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2025/05/15:
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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
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2025/05/15:
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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
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2025/05/15:
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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
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2025/05/15:
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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
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2025/05/15:
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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
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2025/04/12:
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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
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2025/04/12:
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Writing about artificial intelligence (AI) presents challenges. Indeed, the field has evolved rapidly and offers the potential for significant paradigm changes, making it the... The post Introduction appeared first on Harvard Law Review
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2025/04/12:
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On June 21, 2022, the U.S. Attorney for the Southern District of New York brought suit against Meta Platforms for discriminating against Facebook users... The post Resetting Antidiscrimination Law in the Age of AI appeared first on Harvard Law Review
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2025/04/12:
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Introduction Resetting Antidiscrimination Law in the Age of AI Antidiscrimination Law Before AI A Typology of “AI Regulations” The Output-Based Puzzle Conclusion Artificial Intelligence... The post Developments in the Law — Artificial Intelligence appeared first on Harvard Law Review
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2025/04/12:
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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
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2025/04/12:
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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
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2025/04/12:
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ChatGPT’s debut in November of 2022 set off a race in Silicon Valley to develop and monetize artificial intelligence (AI). Within a few months,... The post Amoral Drift in AI Corporate Governance appeared first on Harvard Law Review
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2025/04/12:
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[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 appeared first on Harvard Law Review
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2025/04/12:
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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
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2025/04/12:
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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
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2025/03/20:
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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
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2025/03/20:
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How to regulate speech on social media platforms has been the subject of vigorous debate and recent Supreme Court opinions. In particular, government agencies... The post People for the Ethical Treatment of Animals v. Tabak appeared first on Harvard Law Review
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2025/03/11:
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Justice Stephen G. Breyer* At a memorial service held at Harvard Memorial Church on March 22, 2024, Justice Breyer delivered a tribute to Professor... The post In Memoriam: Professor Charles Fried appeared first on Harvard Law Review
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2025/03/11:
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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
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2025/03/11:
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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 appeared first on Harvard Law Review
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2025/03/11:
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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 appeared first on Harvard Law Review
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2025/03/11:
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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
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2025/03/11:
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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 appeared first on Harvard Law Review
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2025/03/11:
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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 Destructive Effect of Cummings and the Contract Law Analogy on Antidiscrimination Spending Clause Plaintiffs appeared first on Harvard Law Review
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2025/03/11:
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Throughout American history, dance has been the “stepchild” of the arts family, an afterthought when it comes to recognition, protection, and celebration. Even as... The post Dancing on Their Own: Alternatives to Copyright for the Choreographic Community appeared first on Harvard Law Review
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2025/03/11:
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Introduction Celsius Network, a cryptocurrency platform and lender, filed for bankruptcy in 2022. Through its course of business, Celsius had acquired the financial data... The post Data Privacy in Bankruptcy: The Consumer Privacy Ombudsman appeared first on Harvard Law Review
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2025/03/11:
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How to regulate speech on social media platforms has been the subject of vigorous debate and recent Supreme Court opinions. In particular, government agencies... The post People for the Ethical Treatment of Animals v. Tabak, 109 F.4th 627 (D.C. Cir. 2024) appeared first on Harvard Law Review
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2025/03/11:
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There has been increased skepticism of sexual harassment claims, both in the public sphere and in the courts. Recently, in Anderson v. Mott Street,... The post Anderson v. Mott Street, 104 F.4th 646 (7th Cir. 2024) appeared first on Harvard Law Review
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2025/02/11:
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With minors spending more time than ever on social media, many parents are concerned about its effects on their children. In response, legislatures across... The post H.B. 3, 2024 Leg., Reg. Sess. (Fla. 2024) appeared first on Harvard Law Review
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2025/02/11:
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The editors of the Harvard Law Review respectfully dedicate this issue to Professor Gerald E. Frug. Chief Judge David J. Barron* Jerry gave me... The post Professor Gerald E. Frug appeared first on Harvard Law Review
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2025/02/11:
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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
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2025/02/11:
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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
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2025/02/11:
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Introduction A high school biology teacher was traveling on a train from Nantes to Paris. She had with her, in a wicker basket, twenty... The post Snails, Trains, and Pragmatist Claims appeared first on Harvard Law Review
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2025/02/11:
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In 1927, a Supreme Court of Nebraska opinion quoted testimony from the physician who examined capital defendant Frank Carter: “[H]e belonged to a type... The post Bias Baked In: How Antisocial Personality Disorder Diagnoses Trigger Legal Failure appeared first on Harvard Law Review
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2025/02/11:
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Copyright has become the battleground à la mode for AI-related litigation. Referring to the technology as “nothing more than a plagiarism machine” developed by... The post Recovering Personality in Copyright’s Originality Inquiry appeared first on Harvard Law Review