The Digital Millennium Copyright Act (DMCA) was enacted to modernize copyright protection for the digital age. In order to avoid liability, internet service providers...| Harvard Law Review
Across the nation, people are arrested and detained pretrial solely because they lack the money to pay bail. Although many state constitutions grant individuals...| Harvard Law Review
For digital images of the original records used in this Article and further information about bail in the Founding Era, please visit bailatthefounding.net. Abstract...| Harvard Law Review
Like every academic journal, the Harvard Law Review has rigorous editorial processes governing how it solicits, evaluates, and determines when and whether to publish a piece. An...| Harvard Law Review
This Appendix provides the dataset used in the Note, Codify Gardner. The table below lists the decisions that cited Gardner’s presumption, or the pro-veteran... The post Appendix for Codify <em>Gardner</em> appeared first on Harvard Law Review.| Harvard Law Review
* * * APPENDIX I: EXAMPLES OF WARRANT AFFIDAVITS Figure I.A: Standard DUI Warrant Example Figure I.B: “Form” Affidavit for General Warrant Figure I.C:... The post Appendix for Unwarranted Warrants? An Empirical Analysis of Judicial Review in Search and Seizure appeared first on Harvard Law Review.| Harvard Law Review
Every year, police perform searches governed by the Fourth Amendment on hundreds of thousands of individuals and their property throughout the United States. Many of the academy’s most decorated scholars have focused on the genesis and jurisprudential nature of the Fourth Amendment’s warrant requirement. Surprisingly, we know almost nothing about how the Fourth Amendment regulates searches and how searches actually work in practice.In this Article, we pull back the curtain on the search a...| Harvard Law Review
“God hates you wicked baby killing whores,” “cocksucker,” “fucking cunt,” and “shut your fucking mouth, you bitch” are statements that start fights. In 1791,... The post Fighting Words at the Founding appeared first on Harvard Law Review.| Harvard Law Review
The Takings Clause of the Fifth Amendment provides that when the government takes private property for a public purpose, it must compensate the property... The post “Background Principles” and the General Law of Property appeared first on Harvard Law Review.| Harvard Law Review
The Gardner presumption, also known as the pro-veteran canon, is a substantive canon of interpretation named after the Supreme Court case Brown v. Gardner. The canon instructs courts to construe ambiguous statutes concerning veterans’ benefits in favor of the veteran. While the canon today rarely acts as a tiebreaker, it has historically represented a strong congressional intent to care for veterans. The post Codify <em>Gardner</em> appeared first on Harvard Law Review.| Harvard Law Review
Eighty-year-old Lavetta Langdon was convicted of shooting and killing her husband, Larry Langdon, while he slept. She later described decades of abuse by her... The post Making Equal Protection Protect appeared first on Harvard Law Review.| Harvard Law Review
The fundamental right to expressive association first emerged in NAACP v. Alabama ex rel. Patterson, a case that shielded a civil rights organization from... The post <em>CompassCare v. Hochul</em> appeared first on Harvard Law Review.| Harvard Law Review
If a constitutional amendment were written today, one might assume an originalist would interpret it according to its meaning today. If that originalist were... The post <em>Lara v. Commissioner Pennsylvania State Police</em> appeared first on Harvard Law Review.| Harvard Law Review
Over two decades after then-Professor Elena Kagan published her seminal article Presidential Administration, presidential involvement in agency action has increased so much that it...| Harvard Law Review
The past few years have marked the emergence of the imperial Supreme Court. Armed with a new, nearly bulletproof majority, conservative Justices on the...| Harvard Law Review
On October 3, 2022, two animal rights activists — one of whom, Wayne Hsiung, is an author of this Essay — faced a felony trial and up to...| Harvard Law Review