Harvard Law & Policy Review

The Progressive Journal of the American Constitution Society

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The Risks of a Legislative Trend in Response to #MeToo

By Alamea Deedee Bitran* Since the disturbing details of the Harvey Weinstein scandal were released, an influx of harassment allegations have been brought to light. Yet arguably the parameters of the law remain unsuitable to address the root of the problem because of contractual barriers to victims litigating their claims in the public eye.  While harassment continues to permeate the workforce, carefully crafted nondisclosure and arbitration agreements have successfully kept many victims from …

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Roe v. Wade: Past, Present, and Future

By Geoffrey R. Stone* We are living in perilous times. As we contemplate the prospect of another appointment by Donald Trump to the Supreme Court of the United States, the stakes for our nation are extraordinarily high. Among the many issues at risk, perhaps the most important concerns the right of a woman to decide for herself whether or not to carry a pregnancy to term. Having recently marked the forty-fifth anniversary of the Court’s 1973 decision in Roe v. Wade – an anniversary that means …

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A Creative Solution to the Stubborn Problem of Gun Law Reform

By James Sasso* It is past time that America keeps assault rifles and other military-style weapons away from public use. There are compelling reasons for American politicians to prohibit free ownership of military-style or semi-automatic weapons that reload automatically and can kill many people in rapid succession. A viable solution must respect Second Amendment rights while simultaneously keeping military-grade weapons out of public circulation. Even though the Supreme Court has greatly …

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Money in Politics in the Courts, in the Trump Era and Beyond

By Allie Boldt & Adam Lioz* The Supreme Court’s flawed approach to money in politics paved the way for Trump-style politics—and must change to rescue our democracy.   In case after case over the last 40 years, the Supreme Court has struck down laws designed to protect our democracy from the influence of big money. The Court manufactured a right for the wealthy and the business sector to spend billions of dollars on elections, and then protected that “right” at times even more …

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Unlocking the Power of a Prison Education

Note: This article is cross-posted at the Huffington Post. By Ryan Cohen* When he wakes up in the morning, the first thing Marco does is write. To incentivize himself to stay on track with his goals, he pays a friend $25 if he hasn’t written 500 words by noon. Though he’s working on finishing his first manuscript by the end of the year, Marco always has time to offer words of encouragement to others. One late night when I confessed self-doubt about my own writing, I became the …

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The Save Local Businesses Act Will Cost Workers

By Edward Nasser* On Tuesday, November 7th, the House of Representatives voted to pass a bill that would narrow the definition of a joint-employer and reduce liability for companies that work with subcontractors or staffing agencies. The bill, misleadingly titled the “Save Local Businesses Act,” would effectively reverse the National Labor Relations Board’s 2015 decision in Browning-Ferris Industries of California, Inc. which allowed organizations with indirect control over employees to be …

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