• Books,  Harvard Law Review

    Harvard Law Review, Jan. 2015: Resolving Interagency Conflicts in Administrative Law, Abortion Restrictions as Searches, Copyright Reform as Takings, and More

    The Harvard Law Review, January 2015, is offered in a digital edition. Contents include: * Article, “Uncovering Coordinated Interagency Adjudication,” by Bijal Shah * Note, “Deference and the Federal Arbitration Act: The NLRB’s Determination of Substantive Statutory Rights” * Note, “Education Policy Litigation as Devolution” * Note, “Physically Intrusive Abortion Restrictions as Fourth Amendment Searches and Seizures” * Note, “Copyright Reform and the Takings Clause” In addition, the issue features student commentary on Recent Cases and policy resolutions, including such subjects as constitutional protection for teacher tenure, suspicionless street stop of suspect’s companion, the necessity of warrants to search foreign emails, confrontation clause in sentence selection phase of capital cases,…

  • Books,  Harvard Law Review

    Harvard Law Review, Dec. 2014: Are Supreme Court Opinions Final? Also: Laws of Capitalism, Citizens United, Bondage & Data Mining

    The Harvard Law Review is offered in a digital edition for ereaders. The contents of Issue 2 include: • Article, “The (Non)Finality of Supreme Court Opinions,” by Richard J. Lazarus • Book Review, “The Laws of Capitalism,” by David Singh Grewal • Note, “Citizens United at Work: How the Landmark Decision Legalized Political Coercion in the Workplace” • Note, “Data Mining, Dog Sniffs, and the Fourth Amendment” • Note, “Nonbinding Bondage” The issue includes In Memoriam contributions about the life, scholarship, and teaching of John H. Mansfield. The contributors are Anthony D’Amato, Robert W. Gordon, Martha Minow, Frederick Schauer, and James A. Sonne. In addition, the issue features student commentary…

  • Books,  Harvard Law Review

    Harvard Law Review Nov. 2014: Annual Supreme Court Review and Essays for Justice Breyer

    The November issue is the special annual review of the U.S. Supreme Court’s previous Term. Each year, the issue is introduced by noteworthy and extensive contributions from recognized scholars. In this issue, for the 2013 Term, articles include: • Foreword: “The Means of Constitutional Power,” by John F. Manning • Comment: “Slipping the Bonds of Federalism,” by Heather K. Gerken • Comment: “The Supreme Court as a Constitutional Court,” by Jamal Greene • Comment: “The Hobby Lobby Moment,” by Paul Horwitz In addition, the first issue of each new volume provides an extensive summary of the important cases of the previous Supreme Court docket, covering a wide range of legal,…

  • Books,  Harvard Law Review,  QP Blog

    Harvard Law Review, #8, June 2014, Features Symposium on Freedom of the Press; plus Public Trials and Judicial Behavior

    Harvard Law Review, Number 8 (June 2014), includes an extensive Symposium on Freedom of the Press, as well as an article, “The Criminal Court Audience in a Post-Trial World,” by Jocelyn Simonson, and a book review essay, “The Positive Foundations of Formalism: False Necessity and American Legal Realism,” by Lawrence B. Solum (reviewing Epstein, Landes, and Posner’s book on courts and judicial behavior). Specifically, the Symposium on press freedoms features: * “Introduction: Reflections on the First Amendment and the Information Economy,” by Mark Tushnet * “The ‘New’ New York Times: Free Speech Lawyering in the Age of Google and Twitter,” by Marvin Ammori * “Old-School/New-School Speech Regulation,” by Jack M. Balkin…

  • Harvard Law Review,  QP Blog

    Harvard Law Review, May 2014, on Exclusionary Rule, Opt-outs, and Financial Regulation’s Politics

    Harvard Law Review, Number 7 (May 2014), includes an article, two book review essays, and extensive student research. Specifically, the issue features: • Article, “The Due Process Exclusionary Rule,” by Richard M. Re • Book Review, “Consent and Sensibility,” by Michelle E. Boardman • Book Review, “The Politics of Financial Regulation and the Regulation of Financial Politics: A Review Essay,” by Adam J. Levitin • Note, “Judicial Review of Agency Change” • Note, “Live Free and Nullify: Against Purging Capital Juries of Death Penalty Opponents” In addition, student case notes explore Recent Cases on such diverse subjects as whether PASPA is an appropriate exercise of congressional power; antitrust immunity for…

  • Books,  Harvard Law Review

    Harvard Law Review‘s April 2014 issue includes Developments on “Sexual Orientation & Gender Identity”

    The contents of Number 6 (Apr. 2014) include scholarly articles and student research, as well as as the extensive, annual survey of Developments in the Law. This year’s subject is SEXUAL ORIENTATION AND GENDER IDENTITY. Topics include “Pro-Gay and Anti-Gay Speech in Schools,” “Transgender Youth and Access to Gendered Spaces in Education,” “Classification and Housing of Transgender Inmates in American Prisons,” “Animus and Sexual Regulation,” and “Progress Where You Might Least Expect It: The Military’s Repeal of ‘Don’t Ask, Don’t Tell.'” Each year, the special Developments issue serves, in effect, as a new and detailed book on a cutting-edge legal subject. The issue also includes an article by Jill C.…

  • Books,  Harvard Law Review,  QP Blog

    Harvard Law Review, March 2014, challenges judicial review of agencies, adds Reviews on biracial couples, religion, and active judges

    Volume 127, Number 5, features these new articles and review essays: • Article, “The Puzzling Presumption of Reviewability,” Nicholas Bagley • Book Review, “Making the Modern Family: Interracial Intimacy and the Social Production of Whiteness,” Camille Gear Rich  • Book Review, “The Case for Religious Exemptions — Whether Religion Is Special or Not,” Mark L. Rienzi • Book Review, “Courts as Change Agents: Do We Want More — Or Less?,” Jeffrey S. Sutton • Note, “Improving Relief from Abusive Debt Collection Practices” In addition, student case notes explore Recent Cases on such diverse subjects as standing in increased-risk lawsuits, concealed carry permits, free speech and wedding photography, customary international law,…

  • Books,  Harvard Law Review

    Harvard Law Review, Feb. 2014, Explores Partisan Federalism, the Unnecessary Constitution, and State Action under Sebelius

    The February 2014 issue (Volume 127, Number 4) features the following articles and essays: • Article, “Partisan Federalism,” by Jessica Bulman-Pozen • Book Review, “Never Mind the Constitution,” by Jeremy Waldron • Note, “NFIB v. Sebelius and the Individualization of the State Action Doctrine” In addition, student case notes explore Recent Cases on such diverse subjects as FDA limits on Plan B contraception, local zoning bans on medical marijuana sellers, a First Amendment defense to right-of-publicity claims, warrantless searches of cell-site data, copyright fair use and transformative artwork, undocumented alien workers as barred from backpay under labor law, international law and jurisdiction over the facilitator of piracy, juvenile life without…

  • Books,  Harvard Law Review

    Harvard Law Review‘s Jan. 2014 issue explores public enforcement & motivation, tech issues with internet & broadband, sentencing review, trademark in fashion, and more

    The January 2014 issue (Volume 127, Number 3) includes the following articles and student contributions: • Article, “For-Profit Public Enforcement,” by Margaret H. Lemos and Max Minzner • Book Review, “Technological Determinism and Its Discontents,” by Christopher S. Yoo • Note, “More than a Formality: The Case for Meaningful Substantive Reasonableness Review” • Note, “Appointing State Attorneys General: Evaluating the Unbundled State Executive” • Note, “The Devil Wears Trademark: How the Fashion Industry Has Expanded Trademark Doctrine to Its Detriment” In addition, student case notes explore recent cases on misleading law school employment data, the First Amendment religious rights of for-profit corporations, regulation of nuclear energy, forensic search of laptops…

  • Books,  Harvard Law Review,  QP Blog

    Harvard Law Review, #2, Dec. 2013: Honoring Dworkin, ‘Lost’ Essay by Hart on Discretion, Article on Media Leaks, and Notes & Recent Cases

    The December 2013 issue of the Harvard Law Review is dedicated to the memory of Ronald Dworkin, with In Memoriam essays offered by Richard Fallon, Jr., Charles Fried, John C.P. Goldberg, Frances Kamm, Frank Michelman, Martha Minow, and Laurence Tribe. The issue features an article by David Pozen entitled “The Leaky Leviathan: Why the Government Condemns and Condones Unlawful Disclosures of Information.” The issue also includes essays by Nicola Lacey and Geoffrey Shaw examining a previously lost writing by H.L.A. Hart on discretion, as well as the publication of Hart’s essay, “Discretion,” itself, which he wrote while visiting at Harvard during 1956-1957. Student Notes explore such subjects as regulation of…