Tort Law
On Tort Law’s Dualisms
We read with interest Professors John Goldberg and Benjamin Zipursky’s new book, Recognizing Wrongs; Professor Catherine Sharkey’s Book Review;Catherine M. Sharkey,…
Harvard Law Review Forum
-
-
Local Government
Power and Powerlessness in Local Government: A Response to Professor Swan
Are rural communities powerful or powerless? This question arises regularly in today’s national public and scholarly discourses. The collective interest in the issue of rural power stems in large part…
-
Constitutional Law
Keeping Our Distinctions Straight: A Response to Originalism: Standard and Procedure
Introduction Let’s start at the end, the very end. “If ‘[l]aw and philosophy are both in the distinction business,’” Stephen Sachs’s Originalism: Standard and Procedure concludes, “we ought to keep…
-
Originalism
On Inkblots and Truffles
In Originalism: Standard and Procedure, Professor Stephen Sachs makes yet another important contribution to the literature. Sachs defends originalism by making its purpose more modest. Drawing on Professor R. Eugene…
-
Administrative Procedure Act
From Presidential Administration to Bureaucratic Dictatorship
I. Introduction Twenty years ago, Justice Elena Kagan published Presidential Administration in the Harvard Law Review.Professor, Rutgers Law School, The State University of New Jersey. The author received funding from…
-
Federal Courts
Fraudulent Removal
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…
-
Religious Freedom Restoration Act
Reflection on Tanzin v. Tanvir: Q&A with the Plaintiffs*
In Tanzin v. Tanvir,. the U.S. Supreme Court held that plaintiffs suing under the Religious Freedom Restoration Act of 199342 U.S.C. §§ 2000bb to 2000bb-4, invalidated…
-
Administrative Law
Presidential Primacy Amidst Democratic Decline
-
Election Administration
Constraining Executive Entrenchment
-
Eighth Amendment
To the States: Reflections on Jones v. Mississippi