By Mondaire Jones, Marcela Mulholland, and Julian Brave NoiseCat* Climate change is coming for all of us. But its destruction will disproportionately affect low-income communities and communities of color, and coronavirus has offered us a preview of how that might look. People who live in low-income communities and communities of color have been far more likely to … [Read more...] about The Case for Green Investments in Low-Income Communities and Communities of Color
HLPR Blog: Notice and Comment
Drug Regulation for the COVID-19 Mental Health Crisis
By Mason Marks* The COVID-19 pandemic is triggering a national mental health crisis. Millions may experience prolonged grief due to the loss of friends or family, depression from unemployment and social isolation, and post-traumatic stress disorder from working on the frontlines as healthcare providers or undergoing treatment as patients. Our healthcare system is … [Read more...] about Drug Regulation for the COVID-19 Mental Health Crisis
Online Censorship Is Unavoidable—So How Can We Improve It?
By Ben Horton* A few weeks ago, Professors Jack Goldsmith and Andrew Keane Woods ignited controversy by suggesting in the Atlantic that China was right and America was wrong about internet censorship and surveillance. This seemingly contrarian stance rubbed people the wrong way, especially given reports that China’s online censorship delayed their response to COVID-19 and … [Read more...] about Online Censorship Is Unavoidable—So How Can We Improve It?
Payment Systems and Inequality: Balancing Consumer Interests with Convenience
By Matthew J. Razzano* When you hear the phrase “structural inequality” you might not immediately think of payments systems. The choice of whether to purchase a television or a meal with cash or a credit card might not feel like a monumental decision, but it has significant economic consequences because balancing the interests of credit card companies, merchants, and … [Read more...] about Payment Systems and Inequality: Balancing Consumer Interests with Convenience
The Attorney General Should Be Separate
By Daniel Cotter* The Office of the Attorney General was established in 1789 as part of The Judiciary Act of 1789. The Act, among other things, established the makeup of the Supreme Court and its exclusive jurisdiction and also the lower court structure. One of the powers the Act gave to the Supreme Court, writs of mandamus, was the subject of the famous Supreme Court case, … [Read more...] about The Attorney General Should Be Separate
Reproductive Rights in the Time of COVID-19: State Directives Exploiting a Public Health Crisis
By Swapna Reddy, Shetal Vohra-Gupta, April Shaw, Nina Patel, Liana Petruzzi* As U.S. states elevate restrictions to contain the spread of coronavirus, many have enacted measures to restrict “nonessential” surgeries and procedures during the COVID-19 pandemic. Following Texas and Ohio’s leads, several states (Alabama, Iowa, Oklahoma, and Mississippi) have used these … [Read more...] about Reproductive Rights in the Time of COVID-19: State Directives Exploiting a Public Health Crisis
Online Symposium: The Future of Progressive Constitutionalism
Today, the Harvard Law & Policy Review and the Harvard Law School chapter of the American Constitution Society have the pleasure of releasing three fantastic pieces setting out progressive visions for the U.S. Constitution. Citizenship, Personhood, and the Constitution in 2020 Rachel F. Moran Reproductive Rights and the Rule of Law in Peril: The Fruits of a … [Read more...] about Online Symposium: The Future of Progressive Constitutionalism
Options for Dealing with a Sitting President
By Daniel Cotter* When the Mueller Report was expected in the early months of 2019, the question of the potential for a sitting president to be indicted was debated. The main argument against the ability to indict a sitting president was the September 24, 1973, Office of Legal Counsel (“OLC”) memo drafted by President Richard Nixon’s OLC in the wake of his impeachment. The … [Read more...] about Options for Dealing with a Sitting President
HLPR Student Note Competition Open
We're seeking submissions for our student note competition, with winners to be published this summer in Vol. 15.1! The competition provides a unique opportunity for law students to publish their work in HLPR, which has had a recent distribution to more than 6,000 lawyers nationwide, as well as congressional offices, judges, and other progressive decision-makers. We seek … [Read more...] about HLPR Student Note Competition Open
High Crimes and Misdemeanors
By Daniel Cotter* On December 18, 2019, President Donald J. Trump became only the 20th person and 3rd president to be formally impeached by the House. Debate began about whether he had been impeached if the articles were not submitted to the Senate. The better argument, reading the language of the Constitution, is that a majority voting to approve an article of impeachment … [Read more...] about High Crimes and Misdemeanors