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Harvard Law Review Topics Page 6

Legal History

Jurisprudence Essay

Thayer, Holmes, Brandeis: Conceptions of Judicial Review, Factfinding, and Proportionality

Vol. 130 No. 9 October 2017 Three Harvard Law School alumni — James Bradley Thayer, Oliver Wendell Holmes, Jr., and Louis D. Brandeis — have had outsized impacts on judicial...
  • Vicki C. Jackson
Legal Theory Essay

Law’s Boundaries

Vol. 130 No. 9 October 2017 The history of law is in no small part the history of its boundaries. And the history of legal theory, or jurisprudence more narrowly,...
  • Frederick Schauer
Statutory Interpretation Essay

Without the Pretense of Legislative Intent

Vol. 130 No. 9 October 2017 Introduction The much-discussed King v. Burwell decision presented the very complexities that make statutory interpretation simultaneously frustrating and fun. How should a court handle...
  • John F. Manning
Race and the Law Essay

Race Liberalism and the Deradicalization of Racial Reform

Vol. 130 No. 9 October 2017 In the era that followed the formal collapse of white supremacy, efforts to sustain and broaden reformist agendas against the denouement of social justice...
  • Kimberlé Williams Crenshaw
Legal Education Essay

The Socratic Method in the Age of Trauma

Vol. 130 No. 9 October 2017 When I was a young girl, the careers I dreamed of — as a prima ballerina or piano virtuoso — involved performing before an...
  • Jeannie Suk Gersen
Legal Education Essay

Marking 200 Years of Legal Education: Traditions of Change, Reasoned Debate, and Finding Differences and Commonalities

Vol. 130 No. 9 October 2017 What is the significance of legal education? “Plato tells us that, of all kinds of knowledge, the knowledge of good laws may do most...
  • Martha Minow
Administrative Law Essay

Bureaucracy and Distrust: Landis, Jaffe, and Kagan on the Administrative State

Vol. 130 No. 9 October 2017 What, if anything, legitimates the administrative state? By “legitimacy” I refer not to any thick normative notion, but to sociological and public legitimacy —...
  • Adrian Vermeule
Criminal Law Articles

The Judicial Presumption of Police Expertise

Vol. 130 No. 8 June 2017 This Article examines the unrecognized origins and scope of the judicial presumption of police expertise: the notion that trained, experienced officers develop insight into...
  • Anna Lvovsky
Constitutional Law Response

A Fool for the Original Constitution

Responding to Jamal Greene, The Supreme Court, 2015 Term — Essay: The Age of Scalia

Response to The Age of Scalia
Vol. 130 No. 1 November 2016
  • Saikrishna Bangalore Prakash
Constitutional Law Essay

The Age of Scalia

Vol. 130 No. 1 November 2016 During periods of apparent social dissolution the traditionalists, the true believers, the defenders of the status quo, turn to the past with an interest...
  • Jamal Greene
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