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Harvard Law Review Topics Page 4

Legal Theory

Private Law Articles

Pseudo-Contract and Shared Meaning Analysis

Vol. 132 No. 4 February 2019 Over the last several decades, courts and legal scholars have struggled with whether or when to consider boilerplate text as contract. Recent attempts to...
  • Margaret Jane Radin
  • Robin Bradley Kar
First Amendment Case Comment

The Etiquette of Animus

Vol. 132 No. 1 November 2018 There is a difference between deciding how to talk about a problem and sorting out the principles for resolving it. In Masterpiece Cakeshop, Ltd....
  • Leslie Kendrick
  • Micah Schwartzman
Constitutional Law Blog Essay

Not Conservative

July 3, 2018 The press and the rest of the commentariat have fallen into the habit of referring to the work of Chief Justice Roberts and Justices...
  • Charles Fried
Constitutional Law Blog Essay

The Problem with Zombie Constitutional Amendments

June 8, 2018 Spurred by a reenergized feminist movement in the wake of Hillary Clinton’s surprising loss in the 2016 presidential election and the #MeToo movement against...
  • Keith E. Whittington
Legal Theory Book Review

Facts, Values, Justification, Democracy

Vol. 131 No. 8 June 2018 Equality, you might think, is the more or less universally shared value of the modern world, or the West, or anyway these United States....
  • Don Herzog
Abortion Law Recent Legislation

Act of Sept. 28, 2017

Illinois Repeals Anti-Abortion Trigger Law.

Vol. 131 No. 6 April 2018
Administrative Law Book Review

Reconstructing the Administrative State in an Era of Economic and Democratic Crisis

Vol. 131 No. 6 April 2018 Speaking at Yale Law School in 1938, Dean James Landis offered a powerful defense of President Franklin Roosevelt’s New Deal, and in particular its...
  • K. Sabeel Rahman
Jurisprudence Book Review

Crafting Precedent

Vol. 131 No. 2 December 2017 How does the law of judicial precedent work in practice? That is the question at the heart of The Law of Judicial Precedent, the...
  • Paul J. Watford
  • Richard C. Chen
  • Marco Basile
Human Rights Blog Essay

Examining the Interface Between Rights and Queues

December 5, 2017 Queues are a mundane and ubiquitous feature of our modern lives. We are all waiting in line for something, at least some of the...
  • Katharine Young
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
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