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Some Realism About Constitutional Remedies
https://harvardlawreview.org/print/vol-139/some-realism-about-constitutional-remedies/
Published: June 10, 2026 16:00
Introduction The Supreme Court has wavered between two approaches to questions of executive power, which are often labeled institutional formalism and realism. Formalism treats...
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Remedies for a Constitutional Crisis
https://harvardlawreview.org/print/vol-139/remedies-for-a-constitutional-crisis/
Published: June 10, 2026 16:00
Introduction In a constitutional showdown with the executive branch, the courts may seem to have limited remedial options. Once we reach a point where...
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Exploring the Limits of Qualified Immunity Under Harlow’s Discretionary Function Test
https://harvardlawreview.org/print/vol-139/exploring-the-limits-of-qualified-immunity-under-harlows-discretionary-function-test/
Published: June 10, 2026 16:00
Introduction Buried in Harlow v. Fitzgerald, the Supreme Court’s leading decision on qualified immunity, a largely overlooked phrase invokes a mostly forgotten distinction in...
The post Exploring the Limits of Qualified Immunity Under <em>Harlow</em>’s…
Aggregation and the “Universal” Injunction
https://harvardlawreview.org/print/vol-139/aggregation-and-the-universal-injunction/
Published: June 10, 2026 16:00
Introduction A crucial function of judicial review is not only “to say what the law is,” but also to provide the remedies to vindicate...
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Introduction: To Keep Government Generally Within the Bounds of Law
https://harvardlawreview.org/print/vol-139/introduction-to-keep-government-generally-within-the-bounds-of-law/
Published: June 10, 2026 16:00
The current President of the United States has a relationship with the law that is casual at best and contemptuous at worst. Whether the...
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Appendix to A Comprehensive Descriptive Matrix for the Restrictiveness of International Assisted Dying Programs
https://harvardlawreview.org/print/vol-139/barriers-and-safeguards-appendix/
Published: June 10, 2026 16:00
Where jurisdictions have not yet clarified their stances as to particular safeguards, this Appendix characterizes their approaches as “Unclear.” If a jurisdiction imposes a...
The post Appendix to A Comprehensive Descriptive Matrix for the Restrictiveness…
Appendix to Civil Right Deserts
https://harvardlawreview.org/print/vol-139/civil-rights-deserts-appendix/
Published: June 10, 2026 16:00
We searched for all federal cases filed in or removed to the Southern District of Mississippi between January 1, 2007, and December 31, 2022....
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Appendix to U.S. Supreme Court Cases Citing or Quoting Montesquieu
https://harvardlawreview.org/print/vol-139/montesquieus-day-in-court-appendix/
Published: June 10, 2026 16:00
* * * CaptionCitationPincite(s)Learning Res., Inc. v. Trump146 S. Ct. 628 (2026)683 n.2 (Thomas, J., dissenting); 684 (Thomas, J., dissenting)Trump v. CASA145 S. Ct....
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The Supreme Court Under Threat: Early Lessons in Judicial Self-Protection
https://harvardlawreview.org/print/vol-139/the-supreme-court-under-threat-early-lessons-in-judicial-self-protection/
Published: June 10, 2026 16:00
Because the Supreme Court is powerful, it is largely able to fulfill its legal responsibilities. Because it is a court — because it lacks both the...
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In Memoriam: Professor Richard H. Fallon, Jr.
https://harvardlawreview.org/print/vol-139/in-memoriam-professor-richard-h-fallon-jr/
Published: June 10, 2026 16:00
The editors of the Harvard Law Review respectfully dedicate this issue to Professor Richard H. Fallon, Jr. Justice Elena Kagan* Forty years ago, I...
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