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Harvard Law Review is a student-run journal of legal scholarship publishing articles by students, professors, judges, and practitioners.
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Some Realism About Constitutional Remedies
Introduction The Supreme Court has wavered between two approaches to questions of executive power, which are often labeled institutional formalism and realism. Formalism treats an institution like the presidency as a "black box" to which the Constitution
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Exploring the Limits of Qualified Immunity Under Harlow's Discretionary Function Test
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 law of official liability and government accountability. Harlow is well know
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Aggregation and the "Universal" Injunction
Introduction A crucial function of judicial review is not only "to say what the law is," but also to provide the remedies to vindicate that law. Judicial review plays an especially important role when government officials act in ways that violate federal
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The Supreme Court Under Threat: Early Lessons in Judicial Self-Protection
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 sword and the purse - it is vulnerable to being defied successfully by Presidents and states and punished by
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Remedies for a Constitutional Crisis
Introduction In a constitutional showdown with the executive branch, the courts may seem to have limited remedial options. Once we reach a point where courts conclude that the Executive is violating the law, what can they do but order compliance? And what
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