About the California Fires
The first principle of insurance reflects the fundamental lesson of the tragic California fires: you can’t get something for nothing. If expected losses from...
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.
Community Integration of People with Disabilities a Quarter Century After Olmstead v. L.C.
June 2024 marked the twenty-fifth anniversary of the U.S. Supreme Court’s landmark Americans with Disabilities Act (ADA) decision in Olmstead v. L.C. holding that...
Anchors Astray: Why the Service Academy Exception is Wrong
Last month, Judge Richard Bennett of the District of Maryland ruled that the U.S. Naval Academy can continue using race in its admissions decisions. ...
History Absolves the FTC: A Defense of the Rule on Non-Competes and Functional Non-Competes
The Federal Trade Commission’s (FTC’s) Non-Compete Clause Rule (the “Rule”), finalized in spring 2024, effectively bans all non-compete clauses and “functional” non-compete clauses based...
How Much of the Regulatory State is Safe Post–Loper Bright?
Federal courts cited Chevron U.S.A. v. Natural Resources Defense Council over 18,000 times in the four decades before its downfall in Loper Bright Enterprises...
SisterSong v. State of Georgia: A Feminist History and Tradition?
It’s no secret that history will shape the future of abortion rights in the United States. When the Supreme Court overruled Roe v. Wade...
Culp v. Commissioner and Tax Court Access for Low-Income Litigants
Statutory deadlines in the tax code have historically been interpreted by the Tax Court as jurisdictional. When a statutory filing deadline is jurisdictional, the...
Effective Pay Transparency Requires Benefit Transparency
H. 4890, 193rd Sess. (Mass. 2024)
Politics of Belonging: Anti-Black Racism, Xenophobia, and Disinformation
Racialized and xenophobic disinformation reinforces an anti-Black and anti-immigrant vision of America where powerful actors intentionally promulgate false information that becomes the norm defining...
Preempting Toxic Torts: Third Circuit Opens Split on Cancer Warnings in Schaffner v. Monsanto
Pesticides can cause cancer. For that reason, they have long been the subject of state regulation. However, pesticide manufacturers like Monsanto Company have attempted...