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Harvard Law Review Topics

Jurisprudence

Stare Decisis Article

Precedent, Reliance, and Dobbs

Vol. 136 No. 7 May 2023 Abstract Our system of stare decisis enables and encourages people to rely on judicial decisions to form expectations about their legal rights and duties...
  • Nina Varsava
Natural Law Note

Justice Breyer: The Court’s Last Natural Lawyer?

Vol. 136 No. 5 March 2023 Natural law “still spooks many constitutional lawyers.” Justice Scalia, for example, was once asked: “Does natural law have a place in interpreting the Constitution?”...
Jurisprudence Essay

Personal Precedent at the Supreme Court

Vol. 136 No. 3 January 2023 Personal precedent is a judge’s presumptive adherence to her own previously expressed views of the law. This Essay shows that personal precedent both does...
  • Richard M. Re
Originalism Article

Originalism: Standard and Procedure

Vol. 135 No. 3 January 2022 Originalism is often promoted as a better way of getting constitutional answers. That claim leads to disappointment when the answers prove hard to find....
  • Stephen E. Sachs
Torts Response

Thoroughly Modern Tort Theory

Response to Modern Tort Law: Preventing Harms, Not Recognizing Wrongs
Vol. 134 No. 4 February 2021 Funny what passes for “modern.” It was around 1967 that the phrase “cheapest cost avoider” first appeared in the work of then-Professor Guido Calabresi....
  • Benjamin C. Zipursky
  • John C.P. Goldberg
Abortion Law Recent Case

In re Abbott

Fifth Circuit Upholds Abortion Restrictions During COVID-19 Pandemic.

Vol. 134 No. 3 January 2021
Copyright Book Review

Legal Internalism In Modern Histories of Copyright

Vol. 134 No. 3 January 2021 Legal internalism refers to the internal point of view that professional participants in a legal practice develop toward it. It represents a behavioral phenomenon...
  • Shyamkrishna Balganesh
  • Taisu Zhang
Constitutional Law Note

Judicial Takings, Judicial Federalism, and Jurisprudence: An Erie Problem

Vol. 134 No. 2 December 2020 The Takings Clause protects against governmental takings of property without just compensation. Traditionally, takings claims have not expanded beyond actions performed by the political...
Jurisprudence Leading Case

Maine Community Health Options v. United States

Vol. 134 No. 1 November 2020 The Patient Protection and Affordable Care Act (ACA), enacted in 2010, contained a number of provisions meant to encourage health insurers to provide services...
Property Note

Accession on the Frontiers of Property

Vol. 133 No. 7 May 2020 I’m a skilled painter who recently survived a debilitating accident. Now incapacitated, I’ve become depressed because I’ll never paint again. You, a good friend,...
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