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Faculty Scholarship

  • Tax form.

    ‘The odds are long … but not impossible’

    July 20, 2022

    Keith Fogg, clinical professor of law emeritus at Harvard Law School, says that IRS audits of two former FBI officials deserve an investigation, but he doubts tampering.

  • Deborah Anker

    ‘The Beyoncé of asylum law’

    July 20, 2022

    Clinical Professor Deborah Anker LL.M. ’84, ‘one of the architects of modern refugee law’ and founder of the Harvard Immigration and Refugee Clinical Program, moves to emerita status.

  • An illustration of a wearing a black judges robe standing in front of a courthouse

    The Civil Rights Queen and Her Court

    July 16, 2022

    Tomiko Brown-Nagin’s book recounts the remarkable — and too little-known — life and achievements of civil rights lawyer and judge Constance Baker Motley

  • A colorful illustration of two people talking and columns representing early history

    A Blast from the Past

    July 15, 2022

    Adrian Vermeule proposes an approach to constitutional interpretation rooted in classical legal tradition

  • An illustrated battle scene where cursor arrows are being launched

    Faculty Books in Brief: Summer 2022

    July 2, 2022

    From the Hughes Court to stock market short-termism to the U.S.'s "defend forward" cyber strategy

  • Mark Roe and Lucian Bebchuk.

    Articles by Harvard Law faculty and alumni among top ten corporate and securities articles of 2021

    June 23, 2022

    Articles by four Harvard Law faculty were selected in an annual poll of corporate and securities law professors as three of the ten best corporate and securities articles of 2021.

  • Nixon giving

    Watergate-era reforms 50 years later

    June 9, 2022

    Harvard Law Professor Jack Goldsmith says laws and norms established after President Nixon's resignation 'had a great run,' but the Trump presidency proved that new reforms are needed.

  • American actor Tom Cruise on the set of Top Gun, directed by Tony Scott. (Photo by Paramount Pictures/Sunset Boulevard/Corbis via Getty Images)

    Highway to the danger zone

    June 8, 2022

    Harvard Law Professor Rebecca Tushnet discusses the copyright infringement lawsuit against 'Top Gun: Maverick.'

  • Happy the elephant in an outdoor habitat at the Bronx Zoo

    ‘The court simply refused to extend to Happy the elephant the opportunity to prove, through her lawyers, that she deserves her freedom’

    June 7, 2022

    Professor Kristen Stilt, faculty director of the Animal Law & Policy Program, weighs in on the campaign by one animal rights organization to release Happy the elephant from the Bronx Zoo.

  • Guy-Uriel Charles

    Guy-Uriel Charles elected to the American Academy of Arts & Sciences

    May 10, 2022

    Professor Guy-Uriel E. Charles, the Charles Ogletree, Jr. Professor of Law at Harvard, has been elected to the American Academy of Arts & Sciences.

  • A globe of planet earth on the background of blurred lights of a city.

    Inspiring change

    April 22, 2022

    On Earth Day, we highlight some of the work being done by Harvard Law students, scholars, clinics, and programs to address some our most pressing environmental issues.

  • A group of football players surround a man in the middle on the football field

    Supreme Court preview: Kennedy v. Bremerton School District

    April 20, 2022

    The Supreme Court stands poised to decide whether a high school coach’s penchant for prayers with players poses First Amendment problems.

  • Screen shot of a woman and a book cover

    ‘I’d love it if poetry was required reading for law school’

    April 19, 2022

    In celebration of National Poetry Month, HLS lecturer and poet Jessica Fjeld reads a passage from a poem by Terrance Hayes, and discusses the importance of poetry in building empathy and connection.

  • Electric vehicle parking space marked with a green stencil of the letters

    Current electric vehicles subsidies fail to reduce overall emissions, says Harvard Law study

    April 7, 2022

    Subsidies offered by the federal government for the purchase of new electric vehicles (EVs) may actually increase total greenhouse gas emissions without similar aid for secondhand buyers, concludes a new study led by Ashley Nunes, Ph.D., a fellow at Harvard Law School’s Labor and Worklife Program.

  • Two Side-by-side images of Professor and people gathered

    Cases in Brief: Powell v. Alabama with Dehlia Umunna

    April 5, 2022

    In the first of the series, “Cases in Brief,” Harvard Law Professor Dehlia Umunna discusses the infamous “Scottsboro Boys” case, Powell v. Alabama (1932), in which the U.S. Supreme Court ruled for the first time that defendants in capital cases have the right to adequate legal counsel.

  • A man stands outside at a protest holding a sign that reads: SAY GAY.

    Limiting lessons

    March 30, 2022

    Alexander Chen of Harvard Law’s LGBTQ+ Advocacy Clinic says Florida’s Parental Rights in Education bill likely will face First Amendment and Equal Protection Clause challenges.

  • Photo illustration of U.S. Treasury Department seal on smartphone screen

    Digital Treasury accounts would expand banking access for financially vulnerable

    March 30, 2022

    In recent paper, Howell Jackson and Timothy Massad propose that the U.S. Treasury Department implement a new mechanism to improve financial services for financially vulnerable households and expedite delivery of government benefits.

  • Man smiling, holding a baseball and baseball glove, wearing a Boston Red Sox hat and t-shirt. Behind him is a palm tree and fence..

    Play ball!

    March 16, 2022

    Sports law expert  Peter Carfagna discusses Major League Baseball's new collective bargaining agreement and the impact it will have on the game of baseball.

  • Luxury yacht sailing at sea

    Combating corruption

    March 9, 2022

    Professor Matthew Stephenson, an anticorruption law expert and founder of the Global Anticorruption Blog, explains the myriad ways corruption may play a role in Russia's war in Ukraine.

  • Street scene with a sign that advertises the story

    The International Criminal Court: Explaining war crimes investigations

    March 4, 2022

    Amid the Russian invasion of Ukraine, Alex Whiting, deputy specialist prosecutor at the Kosovo Specialist Prosecutor’s Office in The Hague, outlines the path from investigation to trial, and ultimately to justice.

  • Firefighters work to contain a fire of a building during a shelling

    Russian forces are using weapons widely banned across the world, says Harvard Law expert

    March 3, 2022

    As the Russian invasion of Ukraine continues to unfold, of particular concern, says arms expert Bonnie Docherty, is the reported use of cluster munitions and other explosives in highly populated areas.

  • Russia's foreign minister Sergei Lavrov speaks on a screen at a UN meeting

    The war in Ukraine and international law

    March 2, 2022

    To understand the implications of Russia's full-scale invasion of Ukraine under international law, Harvard Law Today reached out to Professors Gabriella Blum and Naz K. Modirzadeh, both experts in the laws of war.

  • Smoke coming from smokestacks at a coal fired power station at sunset.

    Supreme Court preview: West Virginia v. EPA

    February 28, 2022

    Harvard Law expert Shaun Goho explains how a complicated Supreme Court case could have major implications for government agencies and the environment.

  • Police officer displaying a rifle in a courtroom.

    A tough road for suing gun makers

    February 23, 2022

    Harvard Law Professor Rebecca Tushnet says that, despite the $73 million settlement between Sandy Hook families and Remington Arms, victims of future gun crimes still ‘face an uphill road.’

  • Two men speaking at white podiums with flags behind them

    Ukraine in the balance

    February 20, 2022

    Harvard Law negotiation expert Rachel Viscomi ’01 analyzes the playing field as the U.S. and its allies confront Russian troop buildup on Ukraine’s borders.

  • Two men shaking hands

    When Nixon went to China

    February 17, 2022

    On the 50th anniversary of President Nixon's visit, China experts William Alford and Mark Wu discuss whether the president may be getting too much credit for his history-making journey.

  • Zoom screen with three women and one man

    Constance Baker Motley

    February 15, 2022

    Georgetown Law Professor Sheryll Cashin ’89 once asked her mentor, Thurgood Marshall, why he had passed over Constance Baker Motley to succeed him when he…

  • Brian Flores

    Brian Flores vs. the NFL

    February 9, 2022

    Two Harvard Law experts say the suit filed by former Miami Dolphins head coach Brian Flores faces many challenges, but that if he can get it heard in court, Flores has ‘a good story.’

  • Illustration Lincoln in the center surrounded by symbols of government with the words of the U.S. constitution

    Preserve, Protect, and Defend

    February 8, 2022

    In his new book, Noah Feldman offers a fresh perspective on the decisions Abraham Lincoln made regarding the U.S. Constitution — many of which he describes as legally indefensible.

  • A book cover illustration featuring a large elephant and small creatures standing near a large hole

    The Law Professor and the Elephant

    January 31, 2022

    Lloyd Weinreb ’62, professor emeritus at HLS, who passed away in December (see Page 48), was the author of many important articles and books, several on legal…

  • An illustration of a large transparent globe with DNA strands floating inside as two scientist and two others observe.

    Faculty Books in Brief: Winter 2022

    January 31, 2022

    A wide range of books by faculty, from a collection of essays on the ethics of consumer genetic testing to a look at the fate of constitutional institutions in populist regimes to a delightful children's book by a legal philosopher

  • Illustration a man at a podium in front of six microphones with a social media logo or a social media response attached to each mic.

    Bad News

    January 31, 2022

    With the rise of social media and the decline of traditional news outlets, especially local news, “constitutional democracy itself is in the balance,” writes Minow in her new book.

  • Man standing in stairwell of Griswold Hall, with view of campus behind him

    Maverick in the Middle

    January 31, 2022

    Randall Kennedy seeks nuance in an age of absolutism

  • Stephen Breyer

    Justice Stephen Breyer — a passionate pragmatist

    January 27, 2022

    Richard Lazarus ’79, a Supreme Court advocate and the Howard and Katherine Aibel Professor of Law, reflects on Justice Breyer's "striking pragmatism" — and passion — during his 28 years on the Court.

  • Close up of woman taking money out of a wallet

    Fed up with inflation

    January 24, 2022

    Former Federal Reserve Bank member Daniel Tarullo says the Fed has “fallen behind the curve” in raising interest rates to help tame rising inflation and “needs to play some catch-up.”

  • Man standing in front of a large building column

    Andrew Manuel Crespo elected to American Law Institute

    January 21, 2022

    HLS Professor Andrew Crespo was one of 59 members elected to the American Law Institute this year. Thirteen Harvard Law School alumni were also elected.

  • Four individuals wearing backpacks crossing over river at night

    Weighing President Biden’s first year: Immigration

    January 18, 2022

    Sabrineh Ardalan, of the Harvard Immigration and Refugee Clinic, praises Biden for jettisoning some Trump-era policies, but says he has also “doubled down on” on the former administration’s “draconian … border policies.”

  • Large sign that says Rikers Island with a sign below it that says

    Weighing President Biden’s first year: Criminal justice reform

    January 18, 2022

    “This administration needs to get out of its own way, … take action where it can, and create pathways for others to take action where it cannot or will not,” says Premal Dharia, executive director of the Institute to End Mass Incarceration.

  • US president's oval office

    Weighing President Biden’s first year: Executive power

    January 18, 2022

    Former White House Counsel Neil Eggleston says President Biden has “restored dignity and public purpose to the White House” but that his agenda faces strong opposition from some state attorneys general.

  • Man sitting at a table in front of a blue sign that says

    Weighing President Biden’s first year: The economy and monetary policy

    January 18, 2022

    Harvard Law Professor Christine Desan says the Biden administration is harnessing fiscal and monetary policy to bolster the economy, but should move faster to address climate change, crypto markets, public banking.

  • Two people walking in a hallway with other people walking along behind and next to them.

    Weighing President Biden’s first year

    January 18, 2022

    In this series, Harvard Law experts turn a critical eye to the Biden administration’s efforts on health care, the economy, criminal justice reform, and other areas important to Americans — and share their thoughts on its agenda for the future.

  • Black children being led to jail by policemen in Birmingham, Alabama

    Rescuing MLK and his Children’s Crusade

    January 14, 2022

    In “Civil Rights Queen: Constance Baker Motley and the Struggle for Equality,” Harvard Law Professor Tomiko Brown-Nagin traces the tactics of the groundbreaking lawyer amid pivotal protests.

  • Student fixing in the wall a poster about environmental issues - There is no planet B

    Weighing President Biden’s first year: The environment

    January 13, 2022

    Harvard Law Professor Richard Lazarus says Biden has ‘quickly and effectively’ reversed many of former President Trump’s executive orders on the environment, but Congress ‘presents a major obstacle’ to the new administration.

  • Interior of United States Supreme Court

    Weighing President Biden’s first year: The federal courts

    January 13, 2022

    Harvard Law School expert Mark Tushnet says the Biden administration has succeeded in appointing federal judges and also “opened space” for discussion of Supreme Court reform.

  • Man voting

    Weighing President Biden’s first year: Voting and elections

    January 11, 2022

    Harvard Law School election law expert Ruth Greenwood applauds the Biden administration’s support for new voting legislation, but says the filibuster remains an obstacle to finishing the job.

  • Boston City Hall

    Supreme Court preview: Shurtleff v. Boston

    January 7, 2022

    Sanford Levinson speaks with Harvard Law Today on the question before the Supreme Court: Whether Boston can deny a religious group permission to fly a Christian flag on a Boston City Hall flagpole it labeled a “public forum” for “all applicants.”

  • Line of people outside wearing face masks and winter coats. Sign with arrow reads: COVID TESTING.

    Weighing President Biden’s first year: Health care and the pandemic

    January 7, 2022

    Glenn Cohen and Carmel Shachar reflect on the administration’s successes, failures, and agenda for the future.