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 .

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 .

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 .

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 th…

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 .

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 .

“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 .

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 .

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 .

Whether written or unwritten, young or old, constitutions can't compel the construction of institutions of the enforcement of checkpoints any more than maps can create fences, checkpoints, or border patrols. And yet constitutions are powerful; they produce effects. The post “Alas” 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 .

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 .

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 .

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 .

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 .

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, LLC v. United States Department of Labor appeared first on Harvard Law Review .

“[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 .

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 .

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 .

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 .