Harvard Law Review Forum
Resisting the Theory/Practice Divide: Why the “Theory School” is Ambitious About Practice
All work by
Heather K. Gerken
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In Memoriam
Judge Stephen Reinhardt
Tribute by Adriaan Lanni, Andrew Manuel Crespo, Anthony M. Kennedy, Benjamin I. Sachs, David J. Barron, Heather K. Gerken, Michael C. Dorf & Sonia Sotomayor
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Federalism
Slipping the Bonds of Federalism
There are three tales told about federalism, but only one of them is true. The first is the nationalist’s tale. It depicts federalism doctrine as Shakespearean comedy. Always fanciful, sometimes…
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Harvard Law Review Forum
Déjà Vu All Over Again: Courts, Corporate Law, and Election Law
Responding to D. Theodore Rave, Politicians as Fiduciaries, 126 Harv. L. Rev. 671 (2013)
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Federalism
Federalism All the Way Down
In this Foreword, Professor Gerken argues that constitutional theories of federalism remain rooted in a sovereignty account, and they remain disconnected from the many parts of “Our Federalism” where sovereignty…
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Civil Rights
Justice Kennedy and the Domains of Equal Protection
Many have noticed that Justice Kennedy softened his stance on race in Parents Involved in Community Schools v. Seattle School District No. 1. To be sure, he has always been…