harvardlawreview.orgHarvard Law Review

Primary Menu Publications Print Forum Blog Explore Explore By Author Explore By Topic Explore By Volume & Issue Student Writing Notes Recent Cases & More Developments In The Law Supreme Court Forewords Case Comments Student Case Comments Crosswords Statistics & Visualizations Fellowship About Fellowship Essay Current & Past Fellows Apply About Writing Competition Organization & History Submit Search site Search for: Volume 137 Issue 7 May 2024 In Memoriam Tribute In Memoriam: Justice Sandra Day O’Connor The editors of the respectfully dedicate this issue to Justice Sandra Day O’Connor. John G. Roberts Jr. Stephen G. Breyer Justin Driver Cristina Rodríguez Stewart J. Schwab Eugene Volokh Legal History Article 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… Kellen R. Funk Sandra G. Mayson 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 Bankcruptcy 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. More Issues Volume 137 : 2023-24 Volume 136 : 2022-23 Volume 135 : 2021-22 Volume 134 : 2020-21 Volume 133 : 2019-20 Volume 132 : 2018-19 Volume 131 : 2017-18 Volume 130 : 2016-17 Volume 129 : 2015-16 Volume 128 : 2014-15 Volume 127 : 2013-14 Volume 126 : 2012-13 Volume 125 : 2011-12 Volume 124 : 2010-11 Volume 123 : 2009-10 Volume 122 : 2008-09 Volume 121 : 2007-08 Volume 120 : 2006-07 Issue 1 : November Issue 2 : December Issue 3 : January Issue 4 : February Issue 5 : March Issue 6 : April Issue 7 : May Go About the Founded in 1887, the 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. Submissions Subscriptions Fellowships Writing Competition The Bluebook® 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 Justin Marceau Wayne Hsiung Steffen Seitz 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 Guy-Uriel E. Charles Luis E. Fuentes-Rohwer 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 More from the Forum 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 Elias Neibart hlr Constitutional Interpretation Blog Essay A Thought Experiment: Does Originalism Make Sense? April 15, 2024 In Kyu Chung hlr Copyright Blog Essay NYT v. OpenAI: The Times’s About-Face April 10, 2024 Audrey Pope hlr Fourteenth Amendment Blog Essay The Fourteenth Amendment is Not a Bill of Attainder January 28, 2024 Henry Ishitani hlr Labor Law Blog Essay On Constructing a Stronger Right to Strike Through Comparative Labor Law January 4, 2024 David J. Doorey hlr More from the Blog Explore Constitutional Law Criminal Law Abortion Fourteenth Amendment Family Law All Topics All Authors More from the Archives Articles Race and the Law Article Coloring in the Fourth Amendment Daniel S. Harawa Conflict of Laws Article Non-extraterritoriality Carlos M. Vázquez Contract Law Article Contract-Wrapped Property Danielle D’Onfro Policing Article Transinstitutional Policing Sunita Patel More Articles 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 Fellowships The Fellowship supports recent Harvard Law School graduates who seek...