Harvard Law and Policy Review

By: Ally Coll & Michelle Kallen In January 2020, Virginia became the 38th state to ratify the Equal Rights Amendment (ERA). Thirty-eight should have been the magic number: Article V of the United...

https://journals.law.harvard.edu/lpr/2023/03/30/the-equal-rights-amendment-making-our-union-more-perfect/

By: Ryan H. Nelson In January, the Supreme Court quashed the best thing our government had done to fight the pandemic.  In a 6-3 opinion, the Court paused implementation of the Biden Administr...

https://journals.law.harvard.edu/lpr/2022/10/16/agency-names-do-not-constrain-agency-powers/

By Poppy Alexander and Chris McLamb* During the oral arguments heard by the Supreme Court last week regarding Texas’s anti-abortion statute (SB 8), a significant part of the back-and-forth was ...

https://journals.law.harvard.edu/lpr/2021/11/11/sb-8-reveals-the-difference-between-a-private-vigilante-law-and-a-private-attorney-general-statute/

By David S. Cohen* Texas’s Senate Bill 8 (SB8) is, to use a technical legal word, bonkers. And I’m not even talking about the substance of the bill, which is a clearly unconstitutional ban on...

https://journals.law.harvard.edu/lpr/2021/10/03/sb8s-unnoticed-sword-of-damocles-provision/

By Haiyun Damon-Feng* One of the cruelest and most devastating Trump-era immigration policies was the Remain in Mexico policy, formally titled the “Migrant Protection Protocols” (MPP). MPP u...

https://journals.law.harvard.edu/lpr/2021/09/16/asylum-interrupted/

By Haiyun Damon-Feng* In January 2019, the Department of Homeland Security (DHS) began implementing the inaptly named “Migrant Protection Protocols” (MPP), often referred to as the “Remain ...

https://journals.law.harvard.edu/lpr/2021/03/05/restoring-the-right-to-seek-asylum-the-case-for-rescinding-removal-orders-issued-under-the-remain-in-mexico-policy/

By Daniel Cotter* On October 21, 2020, President Donald J. Trump quietly issued Executive Order 13957, which dramatically changes the nature of federal civil servants’ job security. Because ten...

https://journals.law.harvard.edu/lpr/2020/11/17/president-trump-issued-a-schedule-f-bomb/

By Bradley Silverman* With voting underway and election rules being challenged in courts across the country, fears of another Bush v. Gore are on the rise. As state courts and officials in Pennsy...

https://journals.law.harvard.edu/lpr/2020/11/03/the-originalist-case-for-letting-state-courts-and-officials-alter-state-election-rules/

By Michele Goodwin* In 2000, nations throughout the world agreed to participate in the United Nations Millennium Development Goals (MDGs). One of the key objectives specifically targeted reducing...

https://journals.law.harvard.edu/lpr/2020/09/04/reproductive-chattel-the-new-jane-crow/

By David S. Cohen* What’s the test in lower court cases challenging abortion restrictions? Is it the burdens versus benefits balancing test from Whole Woman’s Health v. Hellerstedt? Or is it ...

https://journals.law.harvard.edu/lpr/2020/08/24/why-whole-womans-healths-balancing-test-still-applies-after-june-medical/