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Harvard Law Review Topics Page 2

Foreign Affairs

Eleventh Amendment Leading Case

Torres v. Texas Department of Public Safety

Vol. 136 No. 1 November 2022 In the words of Justice Kagan, the Supreme Court’s state “sovereign immunity decisions have not followed a straight line.” The Court’s first foray into...
Second Amendment Essay

Torture in Our Schools?

Vol. 135 No. 8 June 2022 Nothing can fix what that day broke inside of me and in every child in that school. My biggest fear walking into school every...
  • Leila Nadya Sadat
Bankruptcy Notes

Extraterritorial Avoidance Actions Under the U.S. Bankruptcy Code

Vol. 135 No. 8 June 2022 Absent a “clear indication” to the contrary, federal law applies “only within the territorial jurisdiction of the United States.” This rule, known as the...
Climate Change Developments in the Law

The Promise and Perils of Carbon Tariffs

Chapter Five

Vol. 135 No. 6 April 2022
Criminal Law Recent Case

United States v. Pangang Group Co.

Ninth Circuit Holds that Certain Chinese State-Owned Companies Are Not Foreign "Instrumentalities" and Thus Lack Immunity Under the FSIA from Criminal Prosecution

Vol. 135 No. 6 April 2022
Foreign Affairs Leading Case

Federal Republic of Germany v. Philipp

Vol. 135 No. 1 November 2021 The United States has led the world in providing Holocaust victims with a forum for restitution. Over the decades, Congress and the courts have...
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
Administrative Law Notes

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 Articles

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
Alien Tort Statute Notes

The “Prudential Exhaustion” Doctrine in Transnational Litigation in U.S. Courts

Vol. 134 No. 2 December 2020 “As a moth is drawn to the light, so is a litigant drawn to the United States.” In 1983, when the British judge Lord...
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