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Housing

Recent Case: Terkel v. Centers for Disease Control and Prevention

April 9, 2021

In America, the people are sovereign and straightjacketed. Faced with a problem — passing, like a pandemic, or persistent, like poverty — they can call on their government to answer it. But, when they act, courts can tell them they’ve overstepped their Constitution’s grant of powers. Recently, several federal district courts, faced with a novel national…

Harvard Law Review

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Recent posts

Second Amendment

“Lineal Descendant” Analysis in Second Amendment Litigation

April 7, 2021

Second Amendment doctrine—perhaps more than any other constitutional right save the Seventh Amendment civil jury—has become intensely preoccupied with genealogy. Ever since Chief Justice John Roberts in District of Columbia v. Heller remarked during oral argument (almost to himself) that, just as there appears to be “lineal descendants” of colonial-era weaponry, there could be “lineal descendants”…

Darrell A. H. Miller

COVID-19

Can Colleges and Universities Require Student Covid-19 Vaccination?

March 15, 2021

In the last year, colleges and universities across the U.S. struggled with how to operate during the COVID-19 pandemic. The most recent data, from January 2021, shows a mix of online and in-person modes of instruction. At the same time, a study of the experience in early fall 2020 found an association between colleges and…

I. Glenn Cohen and Dorit Rubinstein Reiss

Shadow Docket Series

In the Shadows: McCoy v. Alamu

March 13, 2021

Editor’s Note: This piece is the first in our new series covering the Supreme Court’s “shadow docket” — emergency orders and summary decisions outside the Court’s main docket of argued cases and decisions. In November, the Supreme Court ruled in favor of the plaintiff in a qualified immunity case in Taylor v. Riojas.  Commentators wondered whether Riojas would…

Harvard Law Review

Labor Law

Recent Case: Uber BV v. Aslam

March 8, 2021

Not all employment relationships are created equal. Nearly every legal system in the world provides multiple frameworks for individuals and businesses to structure their economic relations, each governed by tailored regulations and safeguards. Different options generally entail different tradeoffs between flexibility and protection. In the United States, for example, individuals working as “employees” benefit from…

Harvard Law Review

Disability Rights

Disability, Debility, and Justice

March 4, 2021

Editor’s Note: This piece is a part of our series celebrating the thirty-year anniversary of the Americans with Disabilities Act (ADA). I never met my spring term Disability Law class in person. I told the students appearing on my computer screen, “Watch this moment. As a society, we will devote massive amounts of resources to…

Rabia Belt

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Highlights

Unbundling the First Amendment: Lessons from an Impeachment

Richard Primus

Embracing the ADA: Transgender People and Disability Rights

Jennifer L. Levi and Kevin M. Barry

Accessible Voting in a Pandemic: A Review of Recent Cases

Eve L. Hill

From Compliance to Initiative: The Next Stage in Disability Inclusion

Daniel F. Goldstein and Michael Ashley Stein

Recent Case: State v. Gokal

Harvard Law Review

Our Authors

Brenna Bhandar

SOAS University of London

Brenna Bhandar is Reader in the School of Law at the School of Oriental and African Studies, University of London. Her primary research has centered on the colonial foundations of…

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Joshua Rovenger

Harvard Law School

Josh Rovenger is a Staff Attorney at the Project on Predatory Student Lending at the Harvard Legal Services Center. He previously was an associate at Covington & Burling LLP and…

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Rebecca Green

William & Mary Law School

Rebecca Green is Professor of Practice at William & Mary Law School and Co-Director of the Election Law Program, a joint project of the Law School and the National Center…

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