A Textual Argument for Challenging Conditions of Confinement Under Habeas
Vol. 135 No. 5
As the COVID-19 pandemic has spread through prisons, jails, and other detention facilities in the United States, it has brought new attention to a...
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.
Private Attorneys General and the Defendant Class Action
Vol. 135 No. 5
In 2021, Texas enacted a new antiabortion law. The law, SB 8, garnered attention for its dramatic curtailment of abortion rights. But, more esoterically,...
Three’s Company, Too: The Emergence of Polyamorous Partnership Ordinances
Vol. 135 No. 5
In the summer of 2020, the city of Somerville, Massachusetts, passed the first multiple-partner domestic partnership ordinance in the country. Spurred by the pandemic,...
“As the Legislature Has Prescribed”: Removing Presidential Elections from the Anderson-Burdick Framework
Vol. 135 No. 4
In the summer of 2019, California enacted Senate Bill 27 (S.B. 27), or the Presidential Tax Transparency and Accountability Act. The law required candidates...
Addressing Challenges to Affordable Housing in Land Use Law: Recognizing Affordable Housing as a Right
Vol. 135 No. 4
The rise of zoning at the dawn of the twentieth century ushered in an era of city planning that promised to improve the “safety...
The Right to Be Free from Arbitrary Probation Detention
Vol. 135 No. 4
In 2010, the New York Police Department arrested sixteen-year-old Kalief Browder on suspicion of stealing a backpack. New York City jailed Browder for three...
Textualism’s Mistake
Vol. 135 No. 3
In 1920, seventeen-year-old Salvatore Eugene Scalia arrived in the United States from Italy with his family. He picked up English quickly and decided to...
To License a LULU: Scaling Preemption-Driven Responses to the Regulation of Recovery Homes
Vol. 135 No. 2
In land-use law and policy, local governments regularly bear the burden of making unpopular decisions. Local governments enjoy some level of home rule —...
Trademark Injury in Law and Fact: A Standing Defense to Modern Infringement
Vol. 135 No. 2
Trademark law and the law of standing have grown apart. Trademark law has expanded to recognize infringement in the absence of concrete harm to...
Blasphemy and the Original Meaning of the First Amendment
Vol. 135 No. 2
Until well into the twentieth century, American law recognized blasphemy as proscribable speech. The blackletter rule was clear. Constitutional liberty entailed a right to...