Harvard Law Review

Remedies for a Constitutional Crisis

Introduction In a constitutional showdown with the executive branch, the courts may seem to have limited remedial options. Once we reach a point where courts conclude that the Executive is violating the law, what can they…

Constitutional Remedies Symposium

Introduction: To Keep Government Generally Within the Bounds of Law

The current President of the United States has a relationship with the law that is casual at best and contemptuous at worst. Whether the nation is facing a constitutional crisis has thus become a topic of…

Katherine Mims Crocker

Civil Procedure Symposium

Aggregation and the “Universal” Injunction

Introduction A crucial function of judicial review is not only “to say what the law is,” but also to provide the remedies to vindicate that law. Judicial review plays an especially important role when government officials…

Civil Rights Symposium

Exploring the Limits of Qualified Immunity Under Harlow‘s Discretionary Function Test

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 law of official liability and government accountability. Harlow is well known…

Constitutional Remedies Symposium

Some Realism About Constitutional Remedies

Introduction The Supreme Court has wavered between two approaches to questions of executive power, which are often labeled institutional formalism and realism. Formalism treats an institution like the presidency as a “black box” to which the…

Civil Rights Symposium

Civil Rights Deserts

Introduction The current Administration’s detention of individuals in foreign prisons — claiming afterward to have no power over their treatment or return — represents just one example of its disregard for the boundaries of constitutional governance. Summarily blowing up boats…

Constitutional Remedies Symposium

Rethinking Remedy Skepticism

Introduction In a time of “constitutional crisis, scholars are asking how federal courts can preserve a basic “imperative” of constitutional structure: “[A] system of constitutional remedies adequate to keep government generally within the bounds of law.”…

Mila Sohoni

Administrative Law Symposium

Abstract Review in Article III Courts

Introduction That federal courts resolve only “Cases” and “Controversies” when assessing the legality of government policies is increasingly a myth. Many cases decided by the federal courts technically resolve legal disputes between the parties and issue…

E. Garrett West

Congress Symposium

The Power of Congress to Make the Supreme Court More Like a Council of Revision

Although the Federal Convention of 1787 considered proposing a Council of Revision as part of the new government it devised, it ultimately provided for no such body but did provide for a Supreme Court. Professor Richard…

John Harrison

Constitutional Law Notes

Montesquieu’s Day in Court: Recovering a Classical Understanding of Separated Powers

The Supreme Court has developed an increasingly pronounced reliance on Charles-Louis de Secondat, Baron de La Brède et de Montesquieu, as an authoritative voice on American constitutional structure. But the Montesquieu who appears in the United…

Appendix

Appendix to A Comprehensive Descriptive Matrix for the Restrictiveness of International Assisted Dying Programs

Where jurisdictions have not yet clarified their stances as to particular safeguards, this Appendix characterizes their approaches as “Unclear.” If a jurisdiction imposes a waiting period but waives it in certain cases, this Appendix categorizes the…

In Memoriam Tribute

In Memoriam: Professor Richard H. Fallon, Jr.

The editors of the Harvard Law Review respectfully dedicate this issue to Professor Richard H. Fallon, Jr. Justice Elena Kagan Forty years ago, I walked into Dick Fallon’s Fed Courts class in the now-demolished wing of…

Constitutional Law Symposium

The Supreme Court Under Threat: Early Lessons in Judicial Self-Protection

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 sword and the purse — it is vulnerable to being defied successfully by Presidents…

Appendix

Appendix to Civil Right Deserts

We searched for all federal cases filed in or removed to the Southern District of Mississippi between January 1, 2007, and December 31, 2022. Our search was for cases that included “Hinds County” as a party…

Article III Notes

Historical Absence and Constitutional Interpretation

Originalism — a school of constitutional interpretation defined by the pursuit of the Constitution’s original meaning — has long been celebrated and criticized for its forceful prescriptions for litigants, jurists, and historians. As originalism has become increasingly central to jurisprudence,…

Appendix

Appendix to U.S. Supreme Court Cases Citing or Quoting Montesquieu

* * * 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. 2540 (2025)2598 (Jackson, J., dissenting)SEC v. Jarkesy144 S. Ct. 2117 (2024)2131–32CFPB v….

Executive Power Notes

Major Questions Doctrine, Foreign Affairs, and the New Economic Statecraft

Over the past decade, economic intervention by the executive branch in the name of national security has become increasingly salient. It has also taken new forms. Traditionally, executive economic interventions for national security primarily leveraged domestic…

Comparative Law Recent Things

Barriers and Safeguards: Access to Assisted Dying for the Socioeconomically Vulnerable

Introduction The current scope of global access to assisted dying is unprecedented. It is also expanding. Assisted dying is legal in fifteen countries and parts of two others, and at least four other countries are actively…

Federal Courts Recent Case

NetChoice, LLC v. Bonta

In recent years, states have enacted wide-ranging requirements for technologies like social media and generative artificial intelligence. These regulations are, like all government action, limited by the First Amendment. In Moody v. NetChoice, LLC, the Supreme…

Discrimination Recent Things

Shen v. Commissioner, Florida Department of Agriculture & Consumer Services

In 1923, the Supreme Court issued a series of decisions upholding a state’s right “to deny to aliens the right to own land within its borders.” Beginning with Terrace v. Thompson, the Court sustained a slew…

Constitutional Law Recent Things

Walls v. Sanders

Government speech doctrine can be a silver bullet for government defendants facing First Amendment free speech claims. If the government is speaking, its regulation of that speech does not infringe on the rights of private speakers….

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About the Harvard Law Review

Founded in 1887, the Harvard Law Review is a student-run journal of legal scholarship. The Review is independent from the Harvard Law School and a board of student editors selected through an anonymous annual writing competition make all editorial decisions. The print Review and its online companion, the Forum, are published monthly from November through June. The Review, the Forum, and online Blog welcome submissions throughout the year.

Forum

Federal Courts Essay

Vaccines, Religious Liberty, and the GVR As Doctrinal Signal

Zalman Rothschild

Torts Fellowship Essay

Treating Superbugs With Litigation: Antibiotic-Resistant Bacteria From Animal Agriculture As a Public Nuisance

Naomi Jennings

Administrative Law Response

Institutional Design, Drug Policy, and the Limits of Abstraction

Response to Drug Scheduling as Institutional Design

Climate Change Essay

Who Decides How to Decarbonize? Environmental Justice and Democratic Decisionmaking in California Climate Regulations

Amelia Keyes

Federal Courts Essay

The U.S. Supreme Court and the “Inferior” Courts: Siblings or Distant Cousins?

Diane P. Wood

Prosecutor Essay

Principles Over the Principles: The Enduring Relevance of The Federal Prosecutor

Hagan Scotten

Prosecutor Essay

Robert Jackson’s The Federal Prosecutor Revisited

Michael R. Dreeben

Blog

Second Amendment Blog Essay

The Second Amendment’s Liberal Moment

May 27, 2026

Fabrice Guyot-Sionnest

Administrative Law Blog Essay

From Destruction to Construction: The Case for a New Congressional Review Act

May 20, 2026

Hannah Frater

Negotiation Blog Essay

Systemic Prioritization in Negotiation and the Law

April 22, 2026

Jasper D.C. Johnston

Employment Law Blog Essay

Intermediary Choice and the Structural Logic of Title VII’s But-For Test

April 7, 2026

Cindy X. Guo

Artificial Intelligence Blog Essay

United States v. Heppner

March 23, 2026

Elizabeth X. Guo

International Law Blog Essay

Discretion to Declare: The Notwithstanding Clause and the Democratic Function of the Canadian Courts

March 19, 2026

Monica Lange

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W. Tanner Allread

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What is a Tort?

Ketan Ramakrishnan

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Drug Scheduling as Institutional Design

Essays

Immigration Law Essay

Keys to the Kingdom: Immigration Control and the Accretion of Executive Power

Jennifer M. Chacón

First Amendment Speech Essay

“Our Money or Your Life!” Higher Education and the First Amendment

Cass R. Sunstein

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Book Reviews

Legal History Book Review

“Alas”

Evan D. Bernick

Constitutional Law Book Review

Blown Chances

Jonathan D. Glater

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Tributes

In Memoriam Tribute

In Memoriam: Justice David H. Souter

In Memoriam Tribute

In Memoriam: Professor Charles Fried

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