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Harvard Law Review Blog Essays Page 4

Blog Essays

Health Care Law

What to Expect from Texas Hospitals When You’re Expecting

The Impact of State v. Zurawski and Texas v. Becerra on Pregnancy Care in Texas

February 11, 2025
Insurance

About the California Fires

January 27, 2025 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...
  • Kenneth S. Abraham
  • hlr
Disability Law

Community Integration of People with Disabilities a Quarter Century After Olmstead v. L.C.

January 8, 2025 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...
  • Michael Ashley Stein
  • Benjamin A. Barsky
  • Lisa I. Iezzoni
  • hlr
Affirmative Action

Anchors Astray: Why the Service Academy Exception is Wrong

January 5, 2025 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. ...
  • Major Matthew H. Ormsbee
  • hlr
Antitrust

History Absolves the FTC: A Defense of the Rule on Non-Competes and Functional Non-Competes

January 5, 2025 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...
  • Jonathan F. Harris
  • hlr
Administrative Law

How Much of the Regulatory State is Safe Post–Loper Bright?

December 20, 2024 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...
  • Aaron Baum
  • hlr
Abortion Law

SisterSong v. State of Georgia: A Feminist History and Tradition?

December 16, 2024 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...
  • Audrey Pope
Immigration Law

Politics of Belonging: Anti-Black Racism, Xenophobia, and Disinformation

November 18, 2024 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...
  • Karla McKanders
  • hlr
Preemption

Preempting Toxic Torts: Third Circuit Opens Split on Cancer Warnings in Schaffner v. Monsanto

November 18, 2024 Pesticides can cause cancer. For that reason, they have long been the subject of state regulation. However, pesticide manufacturers like Monsanto Company have attempted...
  • Hannah Frater
Civil Rights

Defending Consent Decrees in the Wake of Horne v. Flores

November 13, 2024 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...
  • Alaizah Koorji
  • hlr
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