Judges and Religious Liberty
When it comes to debates over jurisprudence, the dividing lines can prove very real. Even when we transcend the typical political fault lines —...
Harvard Law Review Blog
The Harvard Law Review Blog fosters legal inquiry and argument that is fast-paced and timely — a complement to the long-form, in-depth analysis that has filled our pages for over a century. We hope the ideas presented through this new platform will generate debate, uncover new questions, challenge our readers, and inspire continued exploration.
The Meaning of Marriage
Laws banning discrimination on the basis of sexual orientation — like laws banning discrimination on the grounds of race, sex, and other significant statuses...
Déjà Vu “No Cake for You”
Next week’s oral argument in Masterpiece Cakeshop involves a familiar story: Three customers walk into a small business that sells specialty foods. The owner...
The Deregulatory Moment and the Clean Power Plan Repeal
We are currently in the midst of the most important deregulatory moment in the United States since the beginning of Ronald Reagan’s presidency in...
Contracting for Procedure Redux
Legal scholars often are criticized for devoting hundreds of pages to theorizing about mountains that turn out to be molehills when examined in the...
Rulebooks, Playgrounds, and Endgames: A Constitutional Analysis of the Calabresi-Hirji Judgeship Proposal
Steven Calabresi and Shams Hirji have posted a co-written paper* calling on Congress to legislate a major expansion of the lower federal courts. The...
The Sharing Economy and the Upside of Disrupting Local Governance
We tend to think of states as the classic site of Brandeisian experimentalism, but cities, counties, towns and other local governments — by virtue...
To Preserve Biodiversity, Start with Five Universal Truths About Corruption
In an era of increased awareness of ecology and the environment, meaningful implementation of the Convention on International Trade in Endangered Species of Flora...
Fake News and the First Amendment
Last week, representatives of several social media companies appeared before Congress to testify about mounting evidence that Russian government sponsored groups sought to influence...
Federal Financing of Predatory Higher Education
On a Friday night in October, the Department of Education delayed by two more years the implementation of rules issued by the Obama Administration...