Legal History - Page 3 of 12 - Harvard Law Review

Nondelegation Notes

Requiem for a Heavyweight: Nondelegation, Presidential Intelligence, and Covert Action

Vol. 138 No. 2 December 2024 Despite long being heralded for its “one good year,” the nondelegation doctrine may be yet far from its final requiem: Recent opinions by Supreme...

Supreme Court Foreword

Curation, Narration, Erasure: Power and Possibility at the U.S. Supreme Court

Vol. 138 No. 1 November 2024 Introduction “Dead, dead, dead.” This quote might have referred to any number of apparent casualties of the 2023 Supreme Court Term — from the Court’s decades-old...

Karen M. Tani

Administrative Law Articles

The Making of Presidential Administration

Vol. 137 No. 8 June 2024 Abstract Today, the idea that the President possesses at least some constitutional authority to direct administrative action is accepted by the courts, Congress, and...

Legal History Articles

Bail at the Founding

Vol. 137 No. 7 May 2024 For digital images of the original records used in this Article and further information about bail in the Founding Era, please visit bailatthefounding.net. Abstract...

Democracy Notes

Compulsory Voting’s American History

Vol. 137 No. 4 February 2024 Voter turnout was higher in the 2020 U.S. presidential election than it had been in 120 years. Nearly sixty-seven percent of citizens over eighteen...

Criminal Justice Recent Case

Range v. Attorney General

Third Circuit Holds that a Nonviolent Offender May Not Be Stripped of Second Amendment Rights.

Vol. 137 No. 3 January 2024

Affirmative Action Response

Thoughts on Law Clerk Diversity and Influence

Response to Law Clerk Selection and Diversity: Insights from Fifty Sitting Judges of the Federal Courts of Appeals

Vol. 137 No. 2 December 2023 Introduction It is my great good fortune to have been asked to comment on the remarkable Article Law Clerk Selection and Diversity: Insights from...

Constitutional Law Foreword

The Constitution of American Colonialism

Vol. 137 No. 1 November 2023 For my part I am not prepared for citizenship in the United States. I do not want it. . . . It takes greed of gain...

Legal History Response

Removal Rehashed

Response to The Executive Power of Removal

Vol. 136 No. 7 May 2023 Introduction We are grateful to the Harvard Law Review Forum for the chance to respond in these pages to The Executive Power of Removal....

Constitutional Law Essay

Public Carry and Criminal Law after Bruen

Vol. 135 No. 8 June 2022 Introduction Gun rights supporters appear to be on the cusp of achieving a decades-long goal: defanging licensing laws nationwide for carrying handguns in public....

Eric Ruben