The Cyberpicket: A New Frontier for Labor Law
Vol. 136 No. 8
Down, but not out; bruised, but not beaten: U.S. labor law, though tired, can still put up the gloves. New strategies, born of the...
Notes
While the first edition of the Harvard Law Review published “Notes” that were just that — literally notes taken during classroom lectures — today, these student-written pieces have evolved to offer in-depth analysis on a particular legal topic, usually by third-year students.
The Contract Clause: Reawakened in the Age of COVID-19
Vol. 136 No. 8
Article I, section 10, clause 1 of the Constitution introduces a litany of limitations on state power. States cannot, inter alia, “grant Letters of...
Dialectal Due Process
Vol. 136 No. 7
The principle of the arbitrariness of the sign is not doubted by anyone, but it is often easier to discover a truth than to...
Romer Has It
Vol. 136 No. 7
A quick scan of LGBTQ-rights victories from the last two decades paints an indisputable picture of progress, a triumphant string of Supreme Court decisions...
Responding to Domestic Terrorism: A Crisis of Legitimacy
Vol. 136 No. 7
On January 6, 2021, thousands of rioters breached the U.S. Capitol. With the express purpose of preventing the lawful Electoral College vote count, they...
Judicial Immunity at the (Second) Founding: A New Perspective on § 1983
Vol. 136 No. 5
Immunity doctrines have received increased scrutiny in recent years, both in academic scholarship and in the popular press. While the overwhelming majority of the...
Circuit Approaches to Mootness in the Associational-Standing Context
Vol. 136 No. 5
Organizations may bring claims in federal court in two primary ways. First, an organization, like an individual plaintiff, may bring a claim when it...
Justice Breyer: The Court’s Last Natural Lawyer?
Vol. 136 No. 5
Natural law “still spooks many constitutional lawyers.” Justice Scalia, for example, was once asked: “Does natural law have a place in interpreting the Constitution?”...
Bruen’s Ricochet: Why Scored Live-Fire Requirements Violate the Second Amendment
Vol. 136 No. 5
Introduction City of Boston residents who wish to carry a handgun for self-defense must apply for a License to Carry Firearms (LTC) with the...
Stacked: Where Criminal Charge Stacking Happens — And Where it Doesn’t
Vol. 136 No. 5
Introduction When prosecutors approached a first-time drug offender who had sold a little over half a kilogram of marijuana, they offered him a deal:...