Vol. 138 No. 7 In his important article, Determining Rights, Professor Jud Campbell correctly observes that “[t]wo central problems in rights jurisprudence are figuring out who should make” “specifications” about what a right “demands in particular situations” and “how to make them.”
Vol. 138 No. 7 Prison law is characterized by judicial deference to penal administrators. Despite the well-documented horrors that occur behind prison walls, federal and state courts often decline to intervene, asserting, among other things, that prisoners’ rights are limited and that the judicial branch lacks the power and expertise to get involved in the inner workings of detention facilities. Moreover, jurists often assume that the nation’s first courts largely stayed out of prisons and jails, and contemporary judicial deference is therefore historically rooted.
Vol. 138 No. 7 Introduction Like many widows, Sandy Meadows faced economic uncertainty after her husband passed away. She, however, had a knack for arranging flowers and found...
Vol. 138 No. 7 In 2021, prices in the United States and across the globe rose rapidly, reintroducing a concern that had lain mostly dormant in U.S. politics...
Vol. 138 No. 5 The United States operates the largest immigration detention system in the world. Immigrants and watchdog groups have reported poor conditions of confinement, including medical mistreatment and neglect, inadequate nutrition, unsanitary conditions, and overcrowding. To challenge these conditions of confinement...
Vol. 138 No. 4 This Article explores Founding-era views about the grounding of constitutional rights and how those rights obtained determinate legal content. Today, we typically view constitutional rights as textually grounded, gaining their force through ratification, and we treat the task of determining their content as a question of law — that is, a question for judges to decide using legal criteria.
Vol. 138 No. 4 Throughout the nineteenth century and much of the twentieth, remedies for federal government misconduct were often predicated on rights to sue conferred by such common law forms as trespass, assumpsit, and ejectment. But Erie, the law-equity merger, and other factors pushed those common law forms to the side.
Vol. 138 No. 3 Introduction: The Rise of Historical Tests and the Required Legal History Course at Harvard Law School There has been a noticeable trend at the...
Vol. 138 No. 3 Introduction When visitors enter the Grand Mosque (est. 1396 CE) — the center of communal Friday Prayers — of Bursa, Türkiye, they are greeted by a strange sight....
