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 Harvard Law Review: harvardlawreview.org/print/vol-137/…

Today the Harvard Law Review'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 Harvard Law Review 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 Harvard Law Review:

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 Harvard Law Review, The Yale Law Journal, and Stanford Law Review 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 Harvard Law Review. 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, Harvard Law Review, The Yale Law Journal, and Stanford Law Review 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 Harvard Law Review 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…

Tamara Lanier asked for property rights over images of her enslaved ancestors currently possessed and controlled by Harvard. Last summer, the highest court in Massachusetts told her no—but it shouldn’t have. ➡️ harvardlawreview.org/print/vol-136/…

New Jersey requires candidates to get permission before using someone’s name in their ballot slogans. Although the law effectively bans particular forms of political speech, the Third Circuit held that this “consent requirement” was content-neutral. ➡️ harvardlawreview.org/print/vol-136/…

The Fifth Circuit held that the Fifth Amendment limits the personal jurisdiction of federal courts in precisely the same way as the Fourteenth Amendment limits that of state courts. In so holding, the court improperly constitutionalised the general law. ➡️ harvardlawreview.org/print/vol-136/…

When it comes to the Constitution, alcohol makes everything a little hazy. Unfortunately, a recent Fourth Circuit opinion portends further confusion on the dormant commerce clause and Twenty-First Amendment. harvardlawreview.org/print/vol-136/…