Harvard Law Review @HarvLRev
Independent journal of legal scholarship, published and edited by students since 1887. harvardlawreview.org Cambridge, MA, USA Joined April 2009-
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Which judges are most likely to issue nationwide injunctions? Party of appointing president makes a difference. ow.ly/XiZJ50Rf2WQ
Nationwide injunctions have dramatically increased, particularly during the Trump administration, a trend that has politicized the judiciary and risks further politicization without reforms, according to a study published in the Harvard Law Review. law360.com/articles/18241…
Justice Neil Gorsuch is not pleased with judges setting nationwide policy. But how common is it? cbsn.ws/3Jc9Fzy
Fantastic and important student work bringing some much needed data to the nationwide-injunction literature!
Fantastic and important student work bringing some much needed data to the nationwide-injunction literature!
Harvard Law Review study documents rise in nationwide injunctions reut.rs/3Q1PrMH
New: The Harvard Law Review in what appears to be a first has dedicated an issue to the topic of court reform. And that issue includes a FOIA-based study of the rise of nationwide injunctions and the judges who issue them. reuters.com/legal/governme…
Reporting on this excellent work from students at the @HarvLRev: harvardlawreview.org/print/vol-137/…
Today the @HarvLRev's Developments in the Law issue on court reform is out! I'm proud to see my chapter, Confusion and Clarity in the Case for Supreme Court Reform, appear with so many excellent pieces. (1/8)
Today in the @HarvLRev my friend John Czubek and I argue that Supreme Court reform advocates are focused on the wrong branch of government. "The Supreme Court does not need to be weakened. Congress needs to be strengthened." harvardlawreview.org/print/vol-137/…
I’m thrilled to share my new essay, “A Court of First View,” forthcoming in Volume 138 of the @HarvLRev: papers.ssrn.com/sol3/papers.cf… It argues that #SCOTUS is reaching the merits of more cases at earlier (and premature) stages than ever before—with costs we/it ought to account for.
We hope you'll join us tonight, Sunday, January 28, now at 5:15 p.m. PT/8:15 p.m. ET, for a webinar co-hosted by @HarvLRev, @YaleLJournal, and @StanLRev about our respective articles selection processes. Please register here—many thanks! stanford.zoom.us/webinar/regist…
Trump's defenders cite Griffin's Case, an 1869 circuit opinion by C.J. Chase, to argue the 14th Am. is not self-executing. But in other cases, Chase took a different position. The conflict can be explained politically or legally, but neither saves Trump. harvardlawreview.org/blog/2024/01/s…
It has been the greatest honor of my career to write the Foreword for this term's @HarvLRev. I am grateful to have been able to tell this story and to tell it from the heart in such a prominent forum. As always, I dream of a day when words can change minds and hearts--and worlds.
On Sunday, January 28, at 8pm ET, @HarvLRev, @YaleLJournal, and @StanLRev will be co-hosting a live Q&A webinar on our articles selection process. The outgoing Articles Chairs of each of the journals look forward to answering your questions! Register here: stanford.zoom.us/webinar/regist…
The Sacramento District Attorney recently sued City Hall for its failure to rectify the city's homelessness crisis, seeking an injunction for the City to "enforce its laws." Will lawsuits like these be an effective remedy? ➡️ harvardlawreview.org/blog/2023/10/t…
With the Speaker’s chair vacant, a House rule empowers a Speaker pro tempore to lead the House. But what is the Speaker pro tempore empowered to do? ➡️ harvardlawreview.org/blog/2023/10/t…
A former President's prosecutions are underway in state courts while federal courts review removal jurisdiction. What could go wrong? This Essay argues that the reversal of remand orders imperils state court proceedings, including its final judgments. harvardlawreview.org/blog/2023/09/r…
One of our most downloaded articles on Sunday was titled Positivism and the Separation of Law and Morals by H.L.A. Hart found in the @HarvLRev back in 1958. Check it out here: tinyurl.com/yks6fk9t
Post-Dobbs, focus has shifted to state constitutions as potential new sources of substantive rights. But state constitutions can also be tools for vindicating basic constitutional rights via damages suits. A recent Nevada Supreme Court case shows how. harvardlawreview.org/print/vol-136/…
Iowa recently prohibited certain types of books in public-school libraries, even though a majority of the public is opposed to book-ban laws. Besides litigation, what options are available to Iowans who want to undo the legislature's handiwork? harvardlawreview.org/blog/2023/09/g…
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2K Followers 320 Following Professor of Law @GeorgetownLaw. I write about statutory interpretation and the legislative process.We hope you'll join us tonight, Sunday, January 28, now at 5:15 p.m. PT/8:15 p.m. ET, for a webinar co-hosted by @HarvLRev, @YaleLJournal, and @StanLRev about our respective articles selection processes. Please register here—many thanks! stanford.zoom.us/webinar/regist…
It has been the greatest honor of my career to write the Foreword for this term's @HarvLRev. I am grateful to have been able to tell this story and to tell it from the heart in such a prominent forum. As always, I dream of a day when words can change minds and hearts--and worlds.
Interesting student note in @HarvLRev on the adaptability of the NLRA: “The Cyberpicket: A New Frontier for Labor Law” harvardlawreview.org/print/vol-136/…
A thoughtful essay is up at @HarvLRev on the Bluebook and the citation of slave cases. It discusses my recent essay, @JustinLSimard's article, and online commentary from @WilliamBaude and @StephenESachs. One quick thought... 1/ harvardlawreview.org/blog/2023/06/o… #LegalWriting
Thank you @BennettCapers for writing about TSFGM in conversation with TORN APART by the great @DorothyERoberts. The @HarvLRev dream I didn’t know to have! The conversation in the comments here is incredible. Thanks to all the scholars who’ve read my book.
In this book review for @HarvLRev, I got to put “The School for Good Mothers” by @jessaminechan in convo with “Torn Apart” by @DorothyERoberts. A shout out to HLR for allowing a review of a novel about family separation side by side with a law book about family separation!
In this book review for @HarvLRev, I got to put “The School for Good Mothers” by @jessaminechan in convo with “Torn Apart” by @DorothyERoberts. A shout out to HLR for allowing a review of a novel about family separation side by side with a law book about family separation!
☀️ The Harvard Law Review's final issue of the year includes two book reviews by @BennettCapers and Angela R. Riley, notes on workers' right to cyberpicket and the contracts clause in light of COVID-19, and plenty more! ➡️ harvardlawreview.org/archives/vol-1…
I'm excited to share that my Note has been officially published in the @HarvLRev — harvardlawreview.org/print/vol-136/…. Thank you to all who have patiently endured my nonstop chatter about labor law throughout these past months. Here's to the #cyberpicket.
Given recent events, I’m re-posting some thoughts I published with the @HarvLRev blog on the limited constitutional pathways available to deal with the possibility of an incarcerated president or presidential candidate. harvardlawreview.org/blog/2023/04/s…
My article on stare decisis, reliance interests, and Dobbs is now out in the @HarvLRev! Very grateful to the editors for their incredible work on the article and to many colleagues for feedback on drafts and discussions of ideas. harvardlawreview.org/print/vol-136/…
My latest essay, “A Convict in Chief,” is now live on the @HarvLRev blog. It highlights the lack of constitutionally permissible ways to navigate the problems posed by an incarcerated president.
The recent indictment of a former President highlights an important gap in our constitutional structure: the Constitution provides shockingly few avenues for removing power from an incarcerated President. ➡️ harvardlawreview.org/?post_type=blo…
@eliseconstance @HarvLRev Thanks Elise, it has been so helpful working through this with you!
Listening to Brandon puzzle through this question over the past couple of weeks has been fascinating! Now his smart analysis of a wild problem is in the @HarvLRev blog!
My latest essay, “A Convict in Chief,” is now live on the @HarvLRev blog. It highlights the lack of constitutionally permissible ways to navigate the problems posed by an incarcerated president.
Thanks @HarvLRev for making this article so much better and stronger. But what a week for it to be published. Polarization is definitely center stage, causing tremendous harm to children and families.
Despite contentious issues like abortion access or gender-affirming care for children, much of family law escapes partisan polarization. It instead reflects a commitment to pragmatism—with encouraging potential. @clarehuntington's Pragmatic Family Law ➡️ harvardlawreview.org/print/vol-136/…
Both of these articles have been immense labors of love over the past two years, and it's enormously gratifying to see them both out weeks before I finish 3L classes at HLS. Thanks to the many professors and mentors who advised me, including @NazModirzadeh and many more :)
Ultimately, however, this increase in federal action is inadequate to make up for the loss of the private right of action, which allows victim-plaintiffs to be heard directly before an impartial judiciary as opposed to policies subject to the whims of U.S. foreign policy.
I argue that the private right of action through the TVPA and ATS has been largely displaced post-Néstle. At the same time , federal action against forced labor has risen through a multi-pronged approach levying economic warfare and trade power.
And, in @HarvLRev's Developments in the Law, my Chapter "Policy as a One-Legged Stool: U.S. Actions Against Supply Chain Forced Labor Abuses" lays out the status quo in U.S. actions against forced labor abuses in our supply chain. harvardlawreview.org/print/vol-136/…
My latest is live on the Harvard Law Review blog! 5th Amendment Rights as Abortion Rights - sadly more relevant after Friday's mife decisions - available here: harvardlawreview.org/blog/2023/04/f…
Is “each others' legal scholarship” the April Fools’ joke here? It’s each other’s
The Harvard Law Review is proud to announce that we are sponsoring an original reality TV series, "Love is Binding," where single law professors read anonymized versions of each others' legal scholarship and, without ever meeting face to face, decide if they want to get engaged.
Professor @RichardMRe stops by Supreme Myths to discuss whether Dobbs should have been decided more narrowly and his fascinating new Harvard article on personal precedent. We also discussed Justice Kennedy, Judge Posner, and much more. podcasts.apple.com/us/podcast/pro…