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…

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…

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 <em>Defending Education v. Olentangy Local School District Board of Education</em> appeared first on 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 .