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Harvard Law Review Topics Page 5

Legal Theory

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
Legal Theory Blog Essay

Unleashed: The Role of Norms and Law

October 17, 2017 In the late 1980s, when I was a visiting professor at Columbia Law School, I happened to pass, in the hallway near my office,...
  • Cass Sunstein
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
Legal Theory Response

What Makes a Method of Legal Interpretation Correct? Legal Standards vs. Fundamental Determinants

Response to The Law of Interpretation
Vol. 130 No. 4 February 2017 Introduction William Baude and Stephen Sachs argue for the importance of the “law of interpretation” — legal standards that govern how statutes, constitutional provisions,...
  • Mark Greenberg
Statutory Interpretation Articles

The Law of Interpretation

Vol. 130 No. 4 February 2017 How should we interpret legal instruments? How do we identify the law they create? Current approaches largely fall into two broad camps. The standard...
  • William Baude & Stephen E. Sachs
Criminal Law Notes

Restoring Legitimacy: The Grand Jury as the Prosecutor’s Administrative Agency

Vol. 130 No. 4 February 2017 Within weeks of each other in 2014, a grand jury in Ferguson, Missouri, and another in Staten Island, New York, both declined to indict...
Torts Book Review

The Search for a Grand Unified Theory of Tort Law

Vol. 130 No. 3 January 2017 Theorists like to do a lot with a little. And not just because simple theories seem more elegant: we deepen our understanding when we...
  • Scott Hershovitz
International Law Book Review

Knowledge and Politics in International Law

Vol. 129 No. 8 June 2016 What does it mean to say knowledge is power? Francis Bacon is alleged to have said it first. In that version, the remark is...
  • Samuel Moyn
Legal Theory Response

How (and If) Law Matters

Responding to Mark Greenberg, How to Explain Things with Force

Response to How to Explain Things with Force
Vol. 129 No. 7 May 2016
  • Frederick Schauer
Legal Theory Book Review

How to Explain Things with Force

Vol. 129 No. 7 May 2016 Frederick Schauer’s provocative new book The Force of Law champions the study of coercion in legal theory. Schauer holds that, though it is theoretically...
  • Mark Greenberg
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