Faculty Bibliography
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The finding of a California jury represents the opening legal salvo in a fight against one of the central anxieties of our time.
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In the Supreme Court’s tariffs case, the conservative Justices will weigh two conflicting impulses regarding Presidential authority.
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Congress wrote statutes with the apparent assumption that whoever held the office of the Presidency would use the powers they granted in good faith.
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A resounding win for the university in court still leaves the Trump Administration with plenty of ways to force schools into submission.
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The convicted sex offender is raising an important legal question—about whether an agreement by one federal prosecutor binds his colleagues across the country.
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How we got to a situation where a President can reasonably claim that it is lawful, without congressional approval, to bomb a country that has not attacked the U.S.
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The Supreme Court was unlikely to strike down a state ban on some pediatric medical treatments, but the Biden Justice Department’s strategy made it even more improbable.
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From the daily newsletter: a reality check from a very emotional graduation day in Cambridge.
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His jurisprudence has been overshadowed by that of his showier colleagues but was a model of principled restraint.
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Universities are accustomed to acquiescing to the government, but Trump made Harvard an offer it couldn’t not refuse.
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Jeannie Suk Gersen, The Strategy Behind Trump’s Defiance of the Law, The New Yorker (Feb. 13, 2025).
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His violations follow an old playbook—trigger lawsuits, giving the Supreme Court a chance to declare statutes unconstitutional.
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In his executive orders, Trump repeatedly asserted that he can make and interpret law, alongside Congress and the courts.
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His war on the “deep state” ties into a long debate about the power of bureaucrats to thwart the President’s agenda.
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The President-elect is on the verge of beating most, if not all, of the criminal charges against him. What will be the consequences of having brought them in the first place?
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Jeannie Suk Gersen, Converting to Judaism in the Wake of October 7th, The New Yorker (Dec. 2, 2024).
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For decades, I maintained a status quo of living like a Jew without being one. When I finally pursued conversion, I discovered that I was part of a larger movement born of crisis.
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Schools are testing how much they can shape the racial outcomes of admissions without being accused of practicing affirmative action.
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The anxiety about distinguishing a President from a king, which framed this Court term, is inextricably intertwined with the end-of-democracy theme of the 2024 Presidential race.
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If Joe Biden doesn’t willingly resign, there’s another solution, which would allow Democrats to unite around a new incumbent.
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For years, universities have been less inclined to protect speech and quicker to sanction it. After this spring’s protests, it will be difficult to turn back.
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In arguments about Presidential immunity, the conservative Justices, who avoided mentioning Trump, made clear that they are less concerned with holding him accountable than with shielding former Presidents from retribution.
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In his first interview after the release of his controversial report, the former special counsel insists that it was not his job to write for the public.
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The Justices seem to want to avoid a major decision about whether Trump can serve as President—but if they do so they may set off a national crisis.
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As the Israel-Hamas war provokes claims about unacceptable speech, the ability to debate difficult subjects is in renewed peril.
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Senate Republicans’ brief in the Supreme Court surprisingly argues just that.
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For decades, college-admissions offices have quietly imposed higher standards on female applicants.
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Under the Court’s new rules, the Justices appear not to have made any mistakes.
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No case in our system of justice could more directly and fundamentally address the stakes of American democracy and the rule of law.
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A conservative Court holds that student-body diversity is not a “compelling interest.”
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The next big question for school admissions will likely be the legality of “race-neutral” methods that are designed with the continuing goal of producing diverse student bodies.
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Twenty years ago, Justice Sandra Day O’Connor wrote, in a draft opinion, that white applicants could not be favored over Asian Americans. Why did she delete those lines—and why did Justice Clarence Thomas adopt them in his own opinion?
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It gives Trump a compelling reason to persevere in his campaign, and to sow doubt about the criminal process.
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Jeannie Suk Gersen, The Real Scandal Surrounding Clarence Thomas's Gifts, New Yorker (May 14, 2023).
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Supreme Court Justices, alone in our system, are not truly regulated by anyone other than themselves.
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A revered Supreme Court ruling protected the robust debate vital to democracy—but made it harder to constrain misinformation. Can we do better?
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In the midst of the #MeToo movement, California voters recalled a judge for being lenient on sexual assault. As a new documentary argues, that recall campaign had unintended results.
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A federal official wrote a parody of Harvard’s attitude toward Asian Americans and shared it with the dean of admissions. Why did a judge try to hide that from the public?
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Republican state attorneys general are threatening action against pharmacies that dispense it, as a federal lawsuit challenges the F.D.A.’s authority to approve it.
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The lawyer who wrote Texas’s abortion ban has a bigger project—disempowering the judiciary—that may appeal to liberals, too.
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After the Dobbs decision, soul-searching about the rule of law has rarely been as cynical or as fundamental.
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It favors the rights of religious groups over those of gay couples—and, if Obergefell were to be overruled, it would create two classes of marriage.
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Students for Fair Admissions is one of only a few Supreme Court cases about the rights of Asian Americans. But what will it achieve on their behalf?
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The Supreme Court hears a challenge to affirmative action this week—and will likely overrule more than four decades of precedents on college admissions.
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In a copyright case, the Justices revealed their own anxieties about interpreting precedents.
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So far, the evidence of what Trump didn’t do on January 6th holds the strongest potential for making a successful criminal case against him.
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But what if their big and fast moves, eviscerating some constitutional rights and inflating others, are bound for collision?
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The crude reality of the political machinations involved in overruling Roe v. Wade makes it galling to read the Court’s self-portrayal as a picture of proper judicial restraint.