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Harvard Law Review Blog Essays Page 3

Blog Essays

Immigration Law

The Immigrant Registration Requirement’s Self-Incrimination Problem

June 23, 2025 The Trump Administration is enforcing an old, harmful wartime law purporting to require noncitizens to register with the federal government. This provision primarily targets...
  • Rachel Landry
  • Allison Crennen-Dunlap
  • Harvard Law Review
Discrimination

Beyond Classification and Subordination: A Case for Anti-Essentialism

June 8, 2025 Employment antidiscrimination law has been steadily eroding, the result of a dilemma it has never fully resolved: its relationship with identity. I. From Ricci...
  • Lihi Yona
  • Maayan Sudai
  • Harvard Law Review
Immigration

Preemption, Labor, and Movement Strategy: Lessons from Nwauzor on Detention Capitalism

May 13, 2025 In the early mornings at the Northwest Immigration and Customs Enforcement Processing Center (NWIPC) in Tacoma, Washington, a detained immigrant might wake to begin...
  • Siddharth Jejurikar
  • Ibrahim Bharmal
  • Harvard Law Review
Immigration

The Immigrant Rights Resistance Lives

Abolitionist Considerations for Immigration Lawyers and Organizers in 2025

April 23, 2025
  • Ibrahim Bharmal
  • Harvard Law Review
Bankruptcy

A Mill of Miller:  Examining the Supreme Court’s Recent Bankruptcy Jurisprudence

April 18, 2025 On March 26th, the Supreme Court issued its opinion in United States v. Miller, a bankruptcy case resolving a circuit split about how §...
  • Declan R. Kunkel
  • Harvard Law Review
Executive Power

Using IEEPA to Limit Personal Remittances

April 15, 2025 Two weeks ago, President Trump instituted broad tariffs using in part the International Emergency Economic Powers Act of 1977 (IEEPA). At least three lawsuits...
  • Daniel Frederick Wasserman
  • Harvard Law Review
Legal Profession

The Cost of Capitulation

April 12, 2025 In a 2020 article, Dean Cynthia Fountaine documents how Germany’s Nazi regime incrementally gained control of the legal system and the role legal professionals...
  • R. Elliott DeRiso
  • Siddharth Jejurikar
  • Harvard Law Review
Executive Power

President Trump in the Era of Exclusive Powers

April 12, 2025 The defining doctrinal innovation of the second Trump administration has been to take the Supreme Court at its word. In recent years, the Court...
  • Shalev Gad Roisman
  • Harvard Law Review
Statutory Intepretation

How We Talk About Textualism and Its Tools

April 2, 2025 In this year’s Scalia Lecture at Harvard Law School, Judge Rachel Kovner asked: “Are We All Textualists Now?”  Of course, she was riffing off...
  • Elias Neibart
  • Harvard Law Review
Fourth Amendment

Much Ado About Geofence Warrants

United States v. Chatrie, 107 F.4th 319 (4th Cir. 2024) & United States v. Jamarr Smith, 110 F.4th 817 (5th Cir. 2024)

February 18, 2025
  • Jackie O'Neil
  • Harvard Law Review
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