Democratic Justice: Felix Frankfurter, The Supreme Court, and the Making of...
On the fourth floor of the Harvard Law School Library sits Justice Felix Frankfurter’s rocking chair. It was a fitting seat for Frankfurter, an intellectual in constant motion. Georgetown Law...
View ArticleJustice Breyer: The Court’s Last Natural Lawyer?
Natural law “still spooks many constitutional lawyers.” Justice Scalia, for example, was once asked: “Does natural law have a place in interpreting the Constitution?” He perfunctorily responded: “No.”...
View ArticleConstitutional Remedies: In One Era and Out the Other
Abstract Despite the ringing dictum of Marbury v. Madison that “every right, when withheld, must have a remedy,” rights to remedies have always had a precarious constitutional status. For over one...
View ArticlePrecedent, Reliance, and Dobbs
Abstract Our system of stare decisis enables and encourages people to rely on judicial decisions to form expectations about their legal rights and duties into the future, and to structure their lives...
View ArticleSackett v. EPA
The Clean Water Act is the principal federal water pollution statute. It prohibits unpermitted discharges of pollution into “navigable waters,” which the statute defines to mean “the waters of the...
View ArticlePolselli v. IRS
Polselli v. IRS is a tax case. Fear not, keep reading. In fulfilling its duty to collect federal taxes, the IRS has historically received disfavor from many in American society. Labeled “legalized...
View ArticleAllen v. Milligan
America was founded on ideals of democracy, freedom, and political equality. It was also founded with racialized slavery, and for most of its history was devoted to a caste system that kept minorities...
View ArticleThe Statistics
Each year, the Harvard Law Review publishes a series of tables summarizing numerical trends from the Court’s most recent Term. This year’s Statistics can be found in PDF form and as an interactive...
View ArticleThe Need for an Asian American Supreme Court Justice
Introduction In her insightful Comment on Students for Fair Admissions, Inc. v. President & Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina...
View ArticleFirst Amendment Exemptions for Some
Introduction For the last decade, conservative Supreme Court Justices have repeatedly contended that opponents of marriage rights for same-sex couples are decent and fair-minded people who are not...
View ArticleThe Thrust and Parry of Stare Decisis in the Roberts Court
Professor Karl Llewellyn famously demonstrated that for almost every canon of statutory interpretation, there exists an opposite and equally plausible countercanon. Fashioning a fencing analogy, he...
View ArticleThoughts on Law Clerk Diversity and Influence
Introduction It is my great good fortune to have been asked to comment on the remarkable Article Law Clerk Selection and Diversity: Insights from Fifty Sitting Judges of the Federal Courts of Appeals...
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