Defending Consent Decrees in the Wake of Horne v. Flores
Consent decrees have long been used by federal courts to vindicate basic constitutional and civil rights. In the years following the U.S. Supreme Court’s...
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.
What the Student Debt Litigation Portends
The quagmire created by litigation against President Biden’s student loan initiatives provides a preview, if anyone wanted one, of the potential effects of the...
Machines Need Not Testify: Forensic Reports Under the Confrontation Clause
Since the Supreme Court’s revitalization of the Sixth Amendment’s Confrontation Clause in Crawford v. Washington, the legal world has waited for each installment of...
Sixth Circuit Upholds Overbroad Speech Policies in Parents Defending Education v. Olentangy Local School District Board of Education
The Supreme Court clarified how to analyze First Amendment facial challenges to state laws last Term in NetChoice v. Moody. Facial challenges are typically...
Courts Should Hold Social Media Accountable — But Not By Ignoring Federal Law
The recent Third Circuit case where the court withheld immunity for TikTok after a child died attempting a “Blackout Challenge” suggested on her “For...
Tech Companies’ Terms of Service Agreements Could Bring New Vitality to the Fourth Amendment
Innovation in digital technologies dramatically reduces the cost and inconvenience of record creation and collection and stokes law enforcement officials’ insatiable appetite for information...
Criminalizing Community, Policing Space: Conspiracy, Young Thug & the “Stop Cop City” Protestors
Conspiracy represents the immense sweep and racialized harms of the American criminal system in particularly stark form. Yet it remains widely used by prosecutors...
Toward Effectuating the Right to Vote from Jail
Assemb. B. 286, 82nd Sess. (Nev. 2023)
Enforceable Ethics for the Supreme Court
It has been a big moment for court reform. President Biden has proposed a slate of important if vaguely defined reforms, including a new...
The Anti-Regulation Quartet and Internationally Informed Regulation
Two terms ago, the Supreme Court delivered the Major Questions Quartet. This term produced what commentators widely view as the Anti-Regulation Quartet. The Supreme...