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Harvard Law Review Topics Page 4

Originalism

Fifth Amendment Articles

Decryption Originalism: The Lessons of Burr

Vol. 134 No. 3 January 2021 The Supreme Court is likely to rule soon on how the Fifth Amendment privilege against self-incrimination applies to compelled decryption of a digital device....
  • Orin S. Kerr
Administrative Law Notes

Beyond “No Law to Apply”: Uniting the Current Court in the Context of APA Reviewability

Vol. 134 No. 3 January 2021 In back-to-back Supreme Court Terms, § 701(a)(2) of the Administrative Procedure Act (APA) has returned to the forefront. While the APA generally allows anyone “adversely...
Constitutional Law Blog Essay

Corpus Linguistics and the Second Amendment

August 7, 2018 Big Data rekindles the debate over the original meaning of the Second Amendment The Second Amendment provides: “A well regulated Militia, being necessary to...
  • Josh Blackman
  • James C. Phillips
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