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Harvard Law Review Essays Page 2

Essays

Employment Law

“An Arbitrary Fraction”: How the Family and Medical Leave Act Fails Rural Workers

Vol. 137 No. 6 April 2024 Abstract The Family and Medical Leave Act (FMLA) provides workers twelve weeks of unpaid, job-protected leave to care for their own or a close...
  • Melanie Hagerman
Criminal Justice

Bending Gender: Disability Justice, Abolitionist Queer Theory, and ADA Claims for Gender Dysphoria

Vol. 137 No. 6 April 2024 Abstract The trans rights movement is engaged in an internal debate over whether trans people diagnosed with gender dysphoria should bring claims under the...
  • D Dangaran
  • hlr
Social Change


Voluntary Prosecution and the Case of Animal Rescue

Vol. 137 No. 4 February 2024 On October 3, 2022, two animal rights activists — one of whom, Wayne Hsiung, is an author of this Essay — faced a felony trial and up to...
  • Justin Marceau
  • Wayne Hsiung
  • Steffen Seitz
  • hlr
Immigration Law


Extrajudicial Segregation: Challenging Solitary Confinement in Immigration Prisons

Vol. 137 No. 4 February 2024 Stepping into that cell, it felt like I lost all hope. You could smell the concrete, the isolation, the loneliness. And I knew in...
  • Felipe De Jesús Hernández
Housing Law

Interrogating Dominion: On Political Theology and Summary Process Eviction in Connecticut

Vol. 136 No. 4 February 2023 The Bible, the Greeks: What is the nature of these texts’ openness to the whole world? On the one hand, for [Emmanuel] Levinas, they...
  • James Stevenson Ramsey
Ku Klux Klan Act

The Anti-Klan Act in the Twenty-First Century

Vol. 136 No. 4 February 2023 Racial terrorism by organized hate groups and “lone wolf” vigilantes presents a growing societal danger. Increasingly, the planning and recruitment for such plots occur...
  • William M. Carter Jr.
LGBT Rights

“Made to Feel Broken”: Ending Conversion Practices and Saving Transgender Lives

Vol. 136 No. 4 February 2023 The past year has witnessed an unprecedented, coordinated campaign by state governments to deny gender-transition care to trans-gender youth. On April 6, 2021, Arkansas...
  • Jennifer Levi
  • Kevin Barry
Separation of Powers

Separation of Powers and Thuraissigiam: The Entry Fiction as Judicial Aggrandizement

Vol. 136 No. 3 January 2023 In Department of Homeland Security v. Thuraissigiam, the Supreme Court rejected Vijayakumar Thuraissigiam’s challenge to the procedurally threadbare “expedited removal” he faced. The Court...
  • Brandon Hallett Thomas
Affirmative Action

A Plea for Affirmative Action

Vol. 136 No. 3 January 2023 Affirmative action in the form of race-conscious admissions is being legally challenged by a conservative activist organization . During the Supreme Court’s 2022 October...
  • Mitchell F. Crusto
Jurisprudence

Personal Precedent at the Supreme Court

Vol. 136 No. 3 January 2023 Personal precedent is a judge’s presumptive adherence to her own previously expressed views of the law. This Essay shows that personal precedent both does...
  • Richard M. Re
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