Federalism - Harvard Law Review

What Happened to Traceability?

Response to Proper Parties, Proper Relief

Vol. 137 No. 7 May 2024 In a Comment here last November, Professors William Baude and Samuel Bray reimagined a twenty-five-year-old trend of state-initiated public law litigation as the consequence...

Joshua Perry

Corporations Recent Case

Lee ex rel. Gap, Inc. v. Fisher

Ninth Circuit Enforces Forum Selection Clause Blocking Derivative Suits.

Vol. 137 No. 7 May 2024

State Government Note

“Hereinafter”: Workplace Protections, The State Attorney General’s Settlement Toolkit, and Injunctive Relief

Vol. 137 No. 7 May 2024 Introduction The debate over workers’ rights rages on. This is not a partisan issue. Scholars have argued that, echoing the “moment of contract supremacy”...

Federal Courts Note

Federal Questions and the Probate Exception

Vol. 137 No. 4 February 2024 From time to time, contests over decedents’ estates arrive in the federal courts. One such case began when a hotel magnate, dividing his empire...

Energy Law Note

Renewable Energy Credits as Property

Vol. 137 No. 3 January 2024 Introduction Renewable energy credits (RECs) are tradeable assets that allow a party to claim that it uses electricity produced from renewable resources. Governments and...

Dormant Commerce Clause Note

The Dormant Commerce Clause and Moral Complicity in a National Marketplace

Vol. 137 No. 3 January 2024 To stay experimentation in things social and economic is a grave responsibility. Denial of the right to experiment may be fraught with serious consequences...

Constitutional Interpretation Leading Case

Financial Oversight and Management Board for Puerto Rico v. Centro de Periodismo Investigativo, Inc.

Vol. 137 No. 1 November 2023 Puerto Rico is in a state of crisis. The island bears a debt burden of more than seventy-two billion dollars, retains lasting damage from...

Statutory Interpretation Leading Case

Jones v. Hendrix

Vol. 137 No. 1 November 2023 Given the complexity of habeas corpus law, one can understand why “fairminded jurists” have disagreed over the circumstances under which a person in government...

Civil Procedure Recent Case

Mayor of Baltimore v. BP P.L.C.

Fourth Circuit Declines to Apply Federal Common Law for Municipal Climate Change Lawsuit.

Vol. 136 No. 4 February 2023

Federal Courts Recent Case

Shakman v. Pritzker

Seventh Circuit Holds Governor Satisfied Requirements of Fifty-Year-Old Consent Decree.

Vol. 136 No. 4 February 2023