Appendix to Civil Right Deserts
Vol. 139 No. 8
We searched for all federal cases filed in or removed to the Southern District of Mississippi between January 1, 2007, and December 31, 2022....
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In Memoriam: Professor Richard H. Fallon, Jr.
Vol. 139 No. 8
The editors of the Harvard Law Review respectfully dedicate this issue to Professor Richard H. Fallon, Jr. Justice Elena Kagan* Forty years ago, I...
Appendix to U.S. Supreme Court Cases Citing or Quoting Montesquieu
Vol. 139 No. 8
* * * 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....
Appendix to A Comprehensive Descriptive Matrix for the Restrictiveness of International Assisted Dying Programs
Vol. 139 No. 8
Where jurisdictions have not yet clarified their stances as to particular safeguards, this Appendix characterizes their approaches as “Unclear.” If a jurisdiction imposes a...
Historical Absence and Constitutional Interpretation
Vol. 139 No. 8
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...
Montesquieu’s Day in Court: Recovering a Classical Understanding of Separated Powers
Vol. 139 No. 8
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...
Major Questions Doctrine, Foreign Affairs, and the New Economic Statecraft
Vol. 139 No. 8
Over the past decade, economic intervention by the executive branch in the name of national security has become increasingly salient. It has also taken...
Barriers and Safeguards: Access to Assisted Dying for the Socioeconomically Vulnerable
Vol. 139 No. 8
Introduction The current scope of global access to assisted dying is unprecedented. It is also expanding. Assisted dying is legal in fifteen countries and...
NetChoice, LLC v. Bonta
Vol. 139 No. 8
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,...
Shen v. Commissioner, Florida Department of Agriculture & Consumer Services
Vol. 139 No. 8
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...