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Harvard Law Review Blog Essays Page 3

Blog Essays

Major Questions Doctrine

Why the Supreme Court’s Eviction Moratorium Reasoning Doesn’t Extend to the CDC Transit Mask Order

February 28, 2022 Earlier this month, Texas Attorney General Ken Paxton filed a lawsuit seeking to enjoin the federal public transportation mask mandate, which remains in place...
  • Lindsay F. Wiley
Immigration

Re-setting Gender-Based Asylum Law

December 30, 2021 The United States has long recognized the duty to protect refugees and prevent their return to persecution or torture. Indeed, the United States is...
  • Sabrineh Ardalan
  • Deborah Anker
National Security

Israel Levies National Security Law to Shutter Six Palestinian Civil Society Organizations

November 16, 2021 Citing its National Security Law, Israel recently designated six Palestinian civil society organizations as terrorist groups. This designation, based on classified evidence, amounts to...

“Victim” or “Complaining Witness”: Why Kyle Rittenhouse’s Verdict May Depend on the Distinction

November 9, 2021 The decision of Judge Bruce Schroeder, the judge presiding over the Kyle Rittenhouse trial, to bar the prosecution from referring to the people he...
  • Michael Conklin
Administrative Law

How the CFPB Can Enhance Competition in Consumer Finance Right Now

September 11, 2021 Earlier this summer, President Biden delivered on a highly anticipated campaign promise to crack down on corporate monopolies and boost competition across the economy....
  • Pamela Foohey
Disability Law

How to Strengthen the Americans with Disabilities Act after 30 Years: Promoting Supported Decision-Making for Persons with Intellectual and Developmental Disabilities

August 7, 2021 Authors’ Note: In an effort to make this blog post accessible to as broad a range of readers as possible, we have developed an...
  • Hezzy Smith
  • Bill Alford
  • Anne Fracht
  • Marie Hennessy
Disability Law

Supported Decision-Making for Persons with Intellectual and Developmental Disabilities

August 7, 2021 Authors’ Note: This is the easy read* version of another Blog post. There are over 1 billion people in the world who have a...
  • Hezzy Smith
  • Bill Alford
  • Anne Fracht
  • Marie Hennessy
Constitutional Law

“Lineal Descendant” Analysis in Second Amendment Litigation

April 7, 2021 Second Amendment doctrine—perhaps more than any other constitutional right save the Seventh Amendment civil jury—has become intensely preoccupied with genealogy. Ever since Chief Justice...
  • Darrell A. H. Miller
Constitutional Law

Can Colleges and Universities Require Student Covid-19 Vaccination?

March 15, 2021 In the last year, colleges and universities across the U.S. struggled with how to operate during the COVID-19 pandemic. The most recent data, from...
  • I. Glenn Cohen
  • I. Glenn Cohen
  • Dorit Rubinstein Reiss
Criminal Justice

In the Shadows: McCoy v. Alamu

March 13, 2021 Editor's Note: This piece is the first in our new series covering the Supreme Court's "shadow docket" — emergency orders and summary decisions outside the...
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