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Harvard Law Review Case Comments Page 2

Case Comments

Abortion Law

The Symbiosis of Abortion and Precedent

Vol. 134 No. 1 November 2020 Judges have to have the humility to recognize that they operate within a system of precedent . . . . — Then-Judge John G. Roberts, Jr. [Stare...
  • Melissa Murray
Criminal Law

Categorical Mistakes: The Flawed Framework of the Armed Career Criminal Act and Mandatory Minimum Sentencing

Vol. 133 No. 1 November 2019 Congress fundamentally changed the punishment of federal crimes in the 1980s and almost entirely for the worse. The Comprehensive Crime Control Act of 1984...
  • Rachel E. Barkow
Administrative Law

Delegation and Interpretive Discretion: Gundy, Kisor, and the Formation and Future of Administrative Law

Vol. 133 No. 1 November 2019 Congress is supposed to write laws. So much seems apparent from the constitutional design, which in no uncertain terms vests “[a]ll legislative Powers herein...
  • Aditya Bamzai
Labor Law

Compelled Subsidies and the First Amendment

Vol. 132 No. 1 November 2018 Sometimes the government compels people to pay money to organizations they oppose. A lawyer may be forced to fund a bar association, a college...
  • Eugene Volokh
  • William Baude
Fourth Amendment

The Carpenter Chronicle: A Near-Perfect Surveillance

Vol. 132 No. 1 November 2018 On May 24, 1844, a crowd gathered inside the United States Supreme Court chambers in the basement of the Capitol, eagerly awaiting a demonstration...
First Amendment

The Etiquette of Animus

Vol. 132 No. 1 November 2018 There is a difference between deciding how to talk about a problem and sorting out the principles for resolving it. In Masterpiece Cakeshop, Ltd....
  • Leslie Kendrick
  • Micah Schwartzman
Election Law

Judicial Intervention as Judicial Restraint

Vol. 132 No. 1 November 2018 In Gill v. Whitford, the Supreme Court turned aside the most promising vehicle for adjudicating partisan gerrymandering claims since the Court first fully addressed...
  • Guy-Uriel E. Charles
  • Luis E. Fuentes-Rohwer
First Amendment: Religion

Churches, Playgrounds, Government Dollars — and Schools?

Vol. 131 No. 1 November 2017 If a state awards grants, on religiously neutral criteria, to create safer playground surfaces, it cannot exclude an otherwise eligible playground simply because it...
  • Douglas Laycock
Immigration

Equality, Sovereignty, and the Family in Morales-Santana

Vol. 131 No. 1 November 2017 In Sessions v. Morales-Santana, the Supreme Court encountered a body of citizenship law that has long relied on family membership in the construction of...
  • Kristin A. Collins
Education

Fisher’s Cautionary Tale and the Urgent Need for Equal Access to an Excellent Education

Vol. 130 No. 1 November 2016 Debates over race-conscious affirmative action in higher education admissions remain central to discussions about the meaning of equality and the role of education in...
  • Kimberly Jenkins Robinson
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