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Harvard Law Review Topics Page 2

Executive Power

Administrative Law Foreword

Regime Change

Vol. 135 No. 1 November 2021 Introduction On the last day of oral argument this Term, in an atypical May convening, the Justices of the Supreme Court grappled with how...
  • Cristina M. Rodríguez
Article II Note

The President’s Conditional Pardon Power

Vol. 134 No. 8 June 2021 The President’s pardon power is a near-blank check hidden among the Constitution’s checks and balances. Despite substantial hand-wringing about possible abuses of the power,...
Immigration Law Book Review

Making Immigration Law

Vol. 134 No. 8 June 2021 Introduction Every scholar, writer, and observer must strive constantly to balance knowing something very well and not letting that knowledge be so confining that...
  • Hiroshi Motomura
Abortion Law Recent Case

In re Abbott

Fifth Circuit Upholds Abortion Restrictions During COVID-19 Pandemic.

Vol. 134 No. 3 January 2021
Administrative Law Note

Nondelegation’s Unprincipled Foreign Affairs Exceptionalism

Vol. 134 No. 3 January 2021 In their efforts to restrain the administrative state, the Supreme Court’s conservative Justices face a quandary: The source of administrative agencies’ power — statutory...
Executive Power Article

The Failed Transparency Regime for Executive Agreements: An Empirical and Normative Analysis

Vol. 134 No. 2 December 2020 This Article is accompanied by a set of data visualizations, developed in collaboration with TWO-N, that are available here. The Constitution specifies only one...
  • Jack L. Goldsmith
  • Curtis A. Bradley
  • Oona A. Hathaway
Constitutional Law Response

The Age of the Winning Executive: The Case of Donald J. Trump

Responding to Michael J. Klarman, The Degradation of American Democracy — And the Court

Response to The Degradation of American Democracy — And the Court
Vol. 134 No. 1 December 2020
  • Saikrishna Bangalore Prakash
Democracy Foreword

The Degradation of American Democracy — And the Court

Vol. 134 No. 1 November 2020 Introduction On June 25, 2013, the Supreme Court invalidated the geographic coverage formula of the 1965 Voting Rights Act, effectively abrogating the preclearance requirement...
  • Michael J. Klarman
Executive Power Recent Case

Recent Case: U.S. WeChat Users Alliance v. Trump

October 14, 2020 On August 6, 2020, the Trump Administration issued Executive Order 13943, banning the use of WeChat, a Chinese social media app, in the United...
Federal Courts Article

Adjudication Outside Article III

Vol. 133 No. 5 March 2020 Article III requires federal judges who exercise federal jurisdiction to be given life tenure and undiminished compensation, limiting Congress’s ability to influence the judiciary....
  • William Baude
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