Harvard Law & Policy Review

By Daniel Cotter* In recent days, Alabama and Missouri have joined some other states in enacting laws that make abortion criminal in almost all instances and at an early point in the pregnancies. Some progressives and others have some hope that Chief Justice Roberts will save Roe v. Wade.Recent judicial biographies tell the story of how the “troika” of Justices Kennedy, O’Connor, and Souter saved Roe in Casey v. Planned Parenthood of Southeastern Pennsylvania. We do not have any of those …

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By Jeremy Pilaar*   Lawmakers must pay constant attention to changes in the world around them. Societal problems are rarely static. Instead, they evolve—often assuming unexpected forms that challenge prior assumptions about how to solve them. When policymakers forego this exercise, they risk exacerbating social harms. I chronicle one example of this phenomenon in the latest issue of the Harvard Law & Policy Review, in a Note titled “Reforming Unemployment Insurance in the Age of …

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By Michael Svedman*   In her recent proposal to break up Amazon, Google, and Facebook, Elizabeth Warren sounds the familiar antitrust alarm. Weak antitrust enforcement has allowed big tech companies to achieve Gilded Age levels of market dominance. They use mergers and proprietary marketplaces to acquire or exclude their competitors. The effect is to squeeze out small and medium-sized businesses, limit competition, and stifle innovation. Even if these firms provide reliable services …

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By Michael Webert*   Introduction In the wake of recent decisions by the Court of Appeals for the Armed Forces (CAAF), the military justice system’s highest appellate court, victims of child pornography offenses now receive substantially different rights and treatment in military courts than in federal civilian courts. Two key issues in child pornography cases are now handled much differently, depending on the forum: notification and participation. In the civilian system, child …

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