Harvard Law Review
The full text of this Article may be found by clicking on the PDF link to the left. Fourth Amendment law is in flux. The Supreme Court recently established, in…
In Presumed Guilty: How the Supreme Court Empowered the Police and Subverted Civil Rights, Dean Erwin Chemerinsky issues an indictment of the Supreme Court, charging that institution with facilitating undue…
Introduction In their welcome new article, Justin Driver and Emma Kaufman offer a provocative take on American prison law: that it is “fundamentally incoherent.”Justin Driver & Emma Kaufman, The Incoherence…
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 decades-old issue of whether challenges to…
In 2021, Texas enacted a new antiabortion law. The law,…
It is — and has long been — well known that the Executive’s power is expanding. To date, there are two dominant analyses of the judiciary’s role in that expansion:…
Introduction In TransUnion LLC v. Ramirez, the Supreme Court held that individuals claiming a violation of a federal statute had no standing unless they could show…
Trademark law and the law of standing have grown apart. Trademark law has expanded to recognize infringement in the absence of concrete harm to trademark owners. Meanwhile, the law of…