Article - Page 7 of 21 - Harvard Law Review

Beyond the Marks Rule

Vol. 132 No. 7 May 2019 This Article explores a basic question of precedent formation: When a majority of the Supreme Court cannot agree on a rule of decision, can...

Richard M. Re

Immigration Law

Self-Deportation Nation

Vol. 132 No. 7 May 2019 “Self-deportation” is a concept to explain the removal strategy of making life so unbearable for a group that its members will leave a place....

K-Sue Park

Indian Law

Federal Indian Law as Paradigm Within Public Law

Vol. 132 No. 7 May 2019 U.S. public law has long taken slavery and Jim Crow segregation as a paradigm case through which to understand our constitutional law: cases adjudicating...

Maggie Blackhawk

Immigration

Segregation by Citizenship

Vol. 132 No. 5 March 2019 For centuries, prisoners in the United States were housed together regardless of their citizenship status. That changed in 1999 when the federal government began...

Emma Kaufman

Constitutional Law

Of Synchronicity and Supreme Law

Vol. 132 No. 4 February 2019 The Constitution identifies three forms of supreme law — the Constitution, laws, and treaties — and specifies procedures for their adoption. Yet it says...

Saikrishna Bangalore Prakash

Private Law

Pseudo-Contract and Shared Meaning Analysis

Vol. 132 No. 4 February 2019 Over the last several decades, courts and legal scholars have struggled with whether or when to consider boilerplate text as contract. Recent attempts to...

Jurisprudence

On the Design of Legal Rules: Balancing Versus Structured Decision Procedures

Vol. 132 No. 3 January 2019 Important doctrines in diverse areas of law employ structured decision procedures requiring, in rough terms, that the plaintiff first make some demonstration of harm;...

Louis Kaplow

Civil Rights

Vol. 132 No. 3 January 2019 Nonbinary gender identities have quickly gone from obscurity to prominence in American public life, with growing acceptance of gender-neutral pronouns, such as “they, them,...

Jessica A. Clarke

Effective Assistance of Counsel

The Effects of Holistic Defense on Criminal Justice Outcomes

Vol. 132 No. 3 January 2019 Debates over mass incarceration emphasize policing, bail, and sentencing reform, but give little attention to indigent defense. This omission seems surprising, given that interactions...