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Faculty Scholarship

  • 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.