The Statistics
Vol. 139 No. 1
Each year, the Harvard Law Review publishes a series of tables summarizing numerical trends from the Court’s most recent Term.
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Appendix for Codify Gardner
Vol. 138 No. 8
This Appendix provides the dataset used in the Note, Codify Gardner. The table below lists the decisions that cited Gardner’s presumption, or the pro-veteran...
Appendix for Unwarranted Warrants? An Empirical Analysis of Judicial Review in Search and Seizure
Vol. 138 No. 8
* * * APPENDIX I: EXAMPLES OF WARRANT AFFIDAVITS Figure I.A: Standard DUI Warrant Example Figure I.B: “Form” Affidavit for General Warrant Figure I.C:...
Fighting Words at the Founding
Vol. 138 No. 8
“God hates you wicked baby killing whores,” “cocksucker,” “fucking cunt,” and “shut your fucking mouth, you bitch” are statements that start fights. In 1791,...
“Background Principles” and the General Law of Property
Vol. 138 No. 8
The Takings Clause of the Fifth Amendment provides that when the government takes private property for a public purpose, it must compensate the property...
Codify Gardner
Vol. 138 No. 8
The Gardner presumption, also known as the pro-veteran canon, is a substantive canon of interpretation named after the Supreme Court case Brown v. Gardner. The canon instructs courts to construe ambiguous statutes concerning veterans’ benefits in favor of the veteran. While the canon today rarely acts as a tiebreaker, it has historically represented a strong congressional intent to care for veterans.
Making Equal Protection Protect
Vol. 138 No. 8
Eighty-year-old Lavetta Langdon was convicted of shooting and killing her husband, Larry Langdon, while he slept. She later described decades of abuse by her...
CompassCare v. Hochul
Vol. 138 No. 8
The fundamental right to expressive association first emerged in NAACP v. Alabama ex rel. Patterson, a case that shielded a civil rights organization from...
Lara v. Commissioner Pennsylvania State Police
Vol. 138 No. 8
If a constitutional amendment were written today, one might assume an originalist would interpret it according to its meaning today. If that originalist were...
Nebraska v. Su
Vol. 138 No. 8
Over two decades after then-Professor Elena Kagan published her seminal article Presidential Administration, presidential involvement in agency action has increased so much that it...