Appendix to Civil Rights Deserts
Vol. 139 No. 8
We searched for all federal cases filed in or removed to the Southern District of Mississippi between January 1, 2007, and December 31, 2022....
Harvard Law Review Print
Print issues of the Harvard Law Review are published monthly from November through June, including a special Supreme Court issue each November and a Developments in the Law issue each April. Print issues include articles and essays by outside authors, as well as unsigned pieces written by students.
In Memoriam: Professor Richard H. Fallon, Jr.
Vol. 139 No. 8
The editors of the Harvard Law Review respectfully dedicate this issue to Professor Richard H. Fallon, Jr. Justice Elena Kagan* Forty years ago, I...
Appendix to U.S. Supreme Court Cases Citing or Quoting Montesquieu
Vol. 139 No. 8
* * * CaptionCitationPincite(s)Learning Res., Inc. v. Trump146 S. Ct. 628 (2026)683 n.2 (Thomas, J., dissenting); 684 (Thomas, J., dissenting)Trump v. CASA145 S. Ct....
Appendix to A Comprehensive Descriptive Matrix for the Restrictiveness of International Assisted Dying Programs
Vol. 139 No. 8
Where jurisdictions have not yet clarified their stances as to particular safeguards, this Appendix characterizes their approaches as “Unclear.” If a jurisdiction imposes a...
Introduction: To Keep Government Generally Within the Bounds of Law
Vol. 139 No. 8
The current President of the United States has a relationship with the law that is casual at best and contemptuous at worst. Whether the...
Remedies for a Constitutional Crisis
Vol. 139 No. 8
Introduction In a constitutional showdown with the executive branch, the courts may seem to have limited remedial options. Once we reach a point where...
The Supreme Court Under Threat: Early Lessons in Judicial Self-Protection
Vol. 139 No. 8
Because the Supreme Court is powerful, it is largely able to fulfill its legal responsibilities. Because it is a court — because it lacks both the...
Aggregation and the “Universal” Injunction
Vol. 139 No. 8
Introduction A crucial function of judicial review is not only “to say what the law is,” but also to provide the remedies to vindicate...
Exploring the Limits of Qualified Immunity Under Harlow’s Discretionary Function Test
Vol. 139 No. 8
Introduction Buried in Harlow v. Fitzgerald, the Supreme Court’s leading decision on qualified immunity, a largely overlooked phrase invokes a mostly forgotten distinction in...
Some Realism About Constitutional Remedies
Vol. 139 No. 8
Introduction The Supreme Court has wavered between two approaches to questions of executive power, which are often labeled institutional formalism and realism. Formalism treats...