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Vol. 136 No. 1
When it comes to people of color, the Roberts Court treats “racism” as if it is an objective fact — out there in the world, apparent to anyone who stumbles upon it. The Roberts Court invites observers to believe that it is just using simple common sense when it identifies, or refuses to identify, something as racism.
Vol. 135 No. 1
Introduction On the last day of oral argument this Term, in an atypical May convening, the Justices of the Supreme Court grappled with how...
Vol. 134 No. 1
Introduction On June 25, 2013, the Supreme Court invalidated the geographic coverage formula of the 1965 Voting Rights Act, effectively abrogating the preclearance requirement...
Vol. 133 No. 9
In the lead up to Volume 134, the Harvard Law Review republished five classic Critical Race Theory articles from our archives. This is the fifth...
Vol. 133 No. 1
Slavery has been fruitful in giving itself names . . . and you and I and all of us had better wait and see what new form...
Vol. 132 No. 1
Rights are more than mere interests, but they are not absolute. And so two competing frames have emerged for adjudicating conflicts over rights. Under...
Vol. 131 No. 1
Eighty years on, we are seeing a resurgence of the antiregulatory and antigovernment forces that lost the battle of the New Deal. President Trump’s...
Vol. 130 No. 1
The full text of the Foreword may be found by clicking the PDF link below. Constitutionalism is the project of creating, allocating, and constraining...
Vol. 129 No. 1
The full text of the Foreword may be found by clicking the PDF link below. “What do you do when there is a practice...
Vol. 128 No. 1
The Supreme Court has always had a lot to say about the means used to implement the Constitution. I do not refer to headline-grabbing...