Jurisprudence - Page 2 of 6 - Harvard Law Review

Jurisprudence Notes

The Thrust and Parry of Stare Decisis in the Roberts Court

Vol. 137 No. 2 December 2023 Professor Karl Llewellyn famously demonstrated that for almost every canon of statutory interpretation, there exists an opposite and equally plausible countercanon. Fashioning a fencing...

Jurisprudence Leading Case

Twitter, Inc. v. Taamneh

Vol. 137 No. 1 November 2023 Quantum physicists recognize that the very act of observing causes an inevitable “disturbance of the object observed.” The Supreme Court can sometimes resemble a...

Stare Decisis Articles

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 Notes

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 Articles

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....

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...

Abortion Law Recent Case

In re Abbott

Fifth Circuit Upholds Abortion Restrictions During COVID-19 Pandemic.

Vol. 134 No. 3 January 2021

Constitutional Law Notes

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...