Federal Questions and the Probate Exception
Vol. 137 No. 4
From time to time, contests over decedents’ estates arrive in the federal courts. One such case began when a hotel magnate, dividing his empire...
Notes
While the first edition of the Harvard Law Review published “Notes” that were just that — literally notes taken during classroom lectures — today, these student-written pieces have evolved to offer in-depth analysis on a particular legal topic, usually by third-year students.
Renewable Energy Credits as Property
Vol. 137 No. 3
Introduction Renewable energy credits (RECs) are tradeable assets that allow a party to claim that it uses electricity produced from renewable resources. Governments and...
The Dormant Commerce Clause and Moral Complicity in a National Marketplace
Vol. 137 No. 3
To stay experimentation in things social and economic is a grave responsibility. Denial of the right to experiment may be fraught with serious consequences...
Alienation in Law School
Vol. 137 No. 3
There is a lot to admire about lawyers. Many commit their professional lives to the pursuit of a fairer world, and at the same...
Finally Protected: Analyzing the Potential of the Pregnant Workers Fairness Act
Vol. 137 No. 2
Although she was the only woman working at the Rent-A-Center, Natasha Jackson was optimistic about her career as an account executive in South Carolina....
The Thrust and Parry of Stare Decisis in the Roberts Court
Vol. 137 No. 2
Professor Karl Llewellyn famously demonstrated that for almost every canon of statutory interpretation, there exists an opposite and equally plausible countercanon. Fashioning a fencing...
Climate Carceralism: The Future of Climate-Linked Prison Labor
Vol. 137 No. 2
In 2017, Sonoma County, California, was hit by the Tubbs Fire, the largest blaze it had experienced in over fifty years. All told, the...
The Cyberpicket: A New Frontier for Labor Law
Vol. 136 No. 8
Down, but not out; bruised, but not beaten: U.S. labor law, though tired, can still put up the gloves. New strategies, born of the...
The Contract Clause: Reawakened in the Age of COVID-19
Vol. 136 No. 8
Article I, section 10, clause 1 of the Constitution introduces a litany of limitations on state power. States cannot, inter alia, “grant Letters of...
Dialectal Due Process
Vol. 136 No. 7
The principle of the arbitrariness of the sign is not doubted by anyone, but it is often easier to discover a truth than to...