Harvard Law Review

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 .

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 .

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 .

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 .

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 .

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 .

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 .

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 <em>Harlow</em>’s Discretionary Function Test 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 .

* * * 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 .

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 .

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 .

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 th…

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 th…

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 <em>Jersey City United<br>Against the New Ward Map v. Jersey City Ward Commission</em> appeared first 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 <em>Hunt v. Richmond Police Department</em> appeared first 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 appeared first on Harvard Law Review .

“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 .

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 .

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…