Harvard Law Review

In Memoriam: Justice Sandra Day O’Connor

The editors of the Harvard Law Review respectfully dedicate this issue to Justice Sandra Day O’Connor.

Bail at the Founding

Abstract How did criminal bail work in the Founding era? This question has become pressing as bail, and bail reform, have attracted increasing attention, in part because history is thought to bear on the meaning of…

Legal Theory Book Review

The Second Coming of Political Liberalism

Introduction The constitutional settlement of the United States is coming undone at the seams. The U.S. Supreme Court is on a crusade to revisit basic legal doctrines and to undo core constitutional protections. Its interventions have…

Vlad Perju

Federal Courts Note

The Role of Certiorari in Emergency Relief

Emergency relief at the Supreme Court takes two major forms: injunctions pending appeal and stays pending appeal. An injunction pending appeal “directs the conduct of a party” while the appeals process unfolds. A common example is…

State Government Note

“Hereinafter”: Workplace Protections, The State Attorney General’s Settlement Toolkit, and Injunctive Relief

Introduction The debate over workers’ rights rages on. This is not a partisan issue. Scholars have argued that, echoing the “moment of contract supremacy” known as the Lochner era, coercive employment contracts are seeing widespread use…

Native Hawaiian Law Note

Kānāwai From Ahi: Revitalizing The Hawai‘i Water Code in the Wake of the Maui Wildfires

When the Maui wildfires in August 2023 forced Tereari‘i Chandler-‘Īao to flee Lahaina, she could take only the necessities: food, clothes, and a box of water use–permit applications. The final item reflects an important quality of…

Supreme Court Note

Halting Administrative Action in the Supreme Court

“It takes time to decide a case on appeal.” Time can be the helpful friend or the potent foe of a litigant. It depends. Will the litigant’s favored legal position, or his opponent’s, govern his legal…

Separation of Powers Note

The Presumption Against Novelty in the Roberts Court’s Separation-of-Powers Case Law

On the penultimate day of its October 2019 Term, the Supreme Court decided Seila Law LLC v. Consumer Financial Protection Bureau, declaring that the structure of the CFPB unconstitutionally infringed on the President’s removal power. According…

Federal Courts Recent Case

Kiviti v. Bhatt

Fourth Circuit Holds that Article III Mootness Doctrine Does Not Apply to Bankruptcy Proceedings.

Immigration Law Recent Case

Colindres v.
United States Department of State

D.C. Circuit Defers to Consulate’s Visa Denial.

Administrative Law Recent Case

K & R Contractors, LLC v. Keene

Fourth Circuit Declines to Consider Constitutionality of Removal Protections Because of Lack of Injury.

Corporations Recent Case

Lee ex rel. Gap, Inc. v. Fisher

Ninth Circuit Enforces Forum Selection Clause Blocking Derivative Suits.

Sexual Harassment Recent Case

Doe v. William Marsh Rice University

Fifth Circuit Advances Novel Theory of Liability for Anti-Male Discrimination.

Employment Law Recent Event

Letter From Gavin Newsom, Governor Of California, To Members Of The California State Senate (Sept. 30, 2023)

California Governor Vetoes Bill to Extend Occupational Health and Safety Protections to Domestic Workers.

Technology Recent Proposed Legislation

Platform Accountability and Transparency Act, S. 1876, 118th Cong. (2023)

U.S. Senate Introduces Mandatory Reporting And Disclosure Law For Social Media Platforms.

About the Harvard Law Review

Founded in 1887, the Harvard Law Review is a student-run journal of legal scholarship. The Review is independent from the Harvard Law School and a board of student editors selected through an anonymous annual writing competition make all editorial decisions. The print Review and its online companion, the Forum, are published monthly from November through June. The Review, the Forum, and online Blog welcome submissions throughout the year.

Forum

Employment Law Essay

“An Arbitrary Fraction”: How the Family and Medical Leave Act Fails Rural Workers

Melanie Hagerman

Conflict of Laws Response

Honoring Statutory Restraint in Conflicts Analysis

Response to Non-extraterritoriality

Katherine Florey

Criminal Justice Essay

Bending Gender: Disability Justice, Abolitionist Queer Theory, and ADA Claims for Gender Dysphoria

D Dangaran

Social Change Essay

Voluntary Prosecution and the Case of Animal Rescue

Immigration Law Essay

Extrajudicial Segregation: Challenging Solitary Confinement in Immigration Prisons

Felipe De Jesús Hernández

Race and Law Response

The Constitution of Difference

Response to The Constitution of American Colonialism

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

Todd C. Peppers

Blog

Civil Rights Blog Essay

Civil Suits by Parents Against Family Policing Agencies

May 1, 2024

Alexa Richardson

Constitutional Interpretation Blog Essay

Originalism Makes Sense: A Response

Response to A Thought Experiment: Does Originalism Make Sense?

April 15, 2024

Constitutional Interpretation Blog Essay

Explore

Articles

Race and the Law Article

Essays

Housing Law Essay

Interrogating Dominion: On Political Theology and Summary Process Eviction in Connecticut

James Stevenson Ramsey

Ku Klux Klan Act Essay

The Anti-Klan Act in the Twenty-First Century

William M. Carter Jr.

More Essays

Book Reviews

Corporations Book Review

Will the Real Shareholder Primacy Please Stand Up?

Ann M. Lipton

Civil Rights Book Review

Unshielded: How the Police Can Become Touchable

Brandon Hasbrouck

More Book Reviews

Tributes

Disability Law Tribute

Remembering Judy Heumann

Robyn M. Powell

Disability Law Tribute

Honoring Judy Heumann’s Legacy

Michael Ashley Stein

More Tributes

Recently Cited

The student pieces featured below have been recently cited in judicial opinions and legal scholarship.