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Harvard Law Review’s June 2018 Issue: Harmless Error; Presidential Norms; and Abstention after Ferguson
The contents of the June 2018 issue of the Harvard Law Review include: • Article, “Harmless Errors and Substantial Rights,” by Daniel Epps • Article, “Presidential Norms and Article II,” by Daphna Renan • Article, “Abstention in the Time of Ferguson,” by Fred O. Smith, Jr. • Book Review, “Facts, Values, Justification, Democracy,” by Don Herzog • Note, “How Crime Pays: The Unconstitutionality of Modern Civil Asset Forfeiture as a Tool of Criminal Law Enforcement” • Note, “RCRA as a Tool for Environmental Justice Communities and Others to Compel Climate Change Adaptation” • Note, “The Presumption of Regularity in Judicial Review of the Executive Branch” The issue includes In Memoriam…
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Harvard Law Review‘s May 2018 Issue: Music as a Matter of Law?
The contents of the May 2018 issue (Number 7) of the Harvard Law Review include: • Article, “Music as a Matter of Law,” by Joseph P. Fishman • Article, “The Morality of Administrative Law,” by Cass R. Sunstein & Adrian Vermeule • Book Review, “The Black Police: Policing Our Own,” by Devon W. Carbado & L. Song Richardson • Note, “Section 230 as First Amendment Rule” In addition, the issue features extensive student commentary on Recent Cases, including such subjects as: a recent ruling that bystanders have a First Amendment right to record police but granting qualified immunity to police officers involved; whether a local (Massachusetts) drone ordinance is preempted…
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Harvard Law Review‘s April 2018 Issue Includes Developments in the Law on Big Data, Big Problems
The April 2018 issue, Number 6, is the annual Developments in the Law special issue. The topic of this extensive contribution is “More Data, More Problems,” including specific focus on the role of technology companies in government surveillance; standing, surveillance, and tech companies; the Video Privacy Protection Act as a model intellectual privacy statute; and the dilemma of the “electronic will.” In addition, the issue features these contents: • Article, “Apparent Fault,” by Aziz Z. Huq & Genevieve Lakier • Article, “The New Governors: The People, Rules, and Processes Governing Online Speech,” by Kate Klonick • Book Review, “Reconstructing the Administrative State in an Era of Economic and Democratic Crisis,”…
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Harvard Law Review‘s March 2018 issue on international law and on judges’ statutory interpretation
The contents for the March 2018 issue (Number 5) include: • Article, “Presidential Control over International Law,” by Curtis A. Bradley & Jack L. Goldsmith • Article, “Statutory Interpretation on the Bench: A Survey of Forty-Two Judges on the Federal Courts of Appeals,” by Abbe R. Gluck & Richard A. Posner • Book Review, “Justice Beyond Dispute,” by Mary Anne Franks • Note, “American Courts and the U.N. High Commissioner for Refugees: A Need for Harmony in the Face of a Refugee Crisis” • Note, “Eliminating the FEC: The Best Hope for Campaign Finance Regulation?” • Note, “Of Ballot Boxes and Bank Accounts: Rationalizing the Jurisprudence of Political Participation and…
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HARVARD LAW REVIEW‘s Feb. ’18 issue asks, “Are we running out of trademarks?”
The contents for the February 2018 issue (Number 4) include: • Article, “Are We Running out of Trademarks? An Empirical Study of Trademark Depletion and Congestion,” by Barton Beebe & Jeanne C. Fromer • Article, “Agency Fees and the First Amendment,” by Benjamin I. Sachs • Book Review, “Unsettling History,” by Jennifer M. Chacón • Note, “Bail Reform and Risk Assessment: The Cautionary Tale of Federal Sentencing” In addition, the issue includes several commentaries on Recent Cases, analyzing such subjects as: political rights and nonapportionment in Puerto Rico; asserting conspiracy-of-silence claim when prevented from witnessing a search; constitutionality of routine shackling in pretrial proceedings; sovereign immunity as applied to Ethiopia…
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HARVARD LAW REVIEW‘s Jan. ’18 Issue: The End Game of Admin Law is the Judicial Contempt Power
The contents for this January 2018 issue (Number 3) include: • Article, “The Endgame of Administrative Law: Governmental Disobedience and the Judicial Contempt Power,” byNicholas R. Parrillo • Book Review, “Rethinking Autocracy at Work,” by Cynthia Estlund • Note, “Congressional Intent to Preclude Equitable Relief — Ex Parte Young After Armstrong” • Note, “Sixth Amendment Challenge to Courthouse Dress Codes” • Note, “The Virtues of Heterogeneity, in Court Decisions and the Constitution” In addition, the issue features student commentary on Recent Cases and other legal actions, including such subjects as: standing in class actions for credit reporting; right of access of press re Guantanamo Bay detainees; parolees and disability rights…
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HARVARD LAW REVIEW, Dec. ’17, on national injunctions, power of Governors, and norms of precedent
The contents for this issue (December 2017, Number 2) include: • Article, “Multiple Chancellors: Reforming the National Injunction,” by Samuel L. Bray • Article, “Gubernatorial Administration,” by Miriam Seifter • Book Review, “Crafting Precedent,” by Paul J. Watford, Richard C. Chen & Marco Basile • Note, “Proving Breach of Former-Client Confidentiality” • Note, “The Harvard Plan That Failed Asian Americans” In addition, the issue features student commentary on Recent Cases, including such subjects as the Establishment Clause and prayer led by County Commissioners; due process for student disciplinary hearings on sexual misconduct in universities under Title IX; armed career criminals and intent for burglary; genocide victims and suit against their…
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HARVARD LAW REVIEW‘s Nov. ’17 Issue: Supreme Court Review and Essays on the Constitution
The November issue is the special annual review of the U.S. Supreme Court’s previous Term. Each year, the Supreme Court issue is introduced by noteworthy and extensive contributions from recognized scholars. In this issue, for the 2016 Term, articles include: • Foreword: “1930s Redux: The Administrative State Under Siege,” by Gillian E. Metzger • Essay: “Unprecedented? Judicial Confirmation Battles and the Search for a Usable Past,” by Josh Chafetz • Comment: “Churches, Playgrounds, Government Dollars—and Schools?,” by Douglas Laycock • Comment: “Equality, Sovereignty, and the Family in Morales-Santana,” by Kristin A. Collins In addition, the first issue of each new volume provides an extensive summary of the important cases of…
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HARVARD LAW REVIEW‘s special fall 2017 issue commemorates HLS’s bicentennial
The special Bicentennial Issue, Number 9, features these Essays as its contents: • “Marking 200 Years of Legal Education: Traditions of Change, Reasoned Debate, and Finding Differences and Commonalities,” by Martha Minow • “Race Liberalism and the Deradicalization of Racial Reform,” by Kimberlé Williams Crenshaw • “The Socratic Method in the Age of Trauma,” by Jeannie Suk Gersen • “Thayer, Holmes, Brandeis: Conceptions of Judicial Review, Factfinding, and Proportionality,” by Vicki C. Jackson • “Without the Pretense of Legislative Intent,” by John F. Manning • “Law’s Boundaries,” by Frederick Schauer • “Bureaucracy and Distrust: Landis, Jaffe, and Kagan on the Administrative State,” by Adrian Vermeule The issue also includes a…
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HARVARD LAW REVIEW‘s June ’17 issue: Dworkin’s reply to Hart, police expertise, and foreign affairs federalism
The June 2017 issue, Number 8, features these extensive contents: • Article, “The Judicial Presumption of Police Expertise,” by Anna Lvovsky • Essay, “The Debate That Never Was,” by Nicos Stavropoulos • Essay, “Hart’s Posthumous Reply,” by Ronald Dworkin • Book Review, “Cooperative and Uncooperative Foreign Affairs Federalism,” by Jean Galbraith • Note, “Rethinking Actual Causation in Tort Law” • Note, “The Justiciability of Servicemember Suits” • Note, “The Substantive Waiver Doctrine in Employment Arbitration Law” Furthermore, student commentary analyzes Recent Cases on: requiring proof of administrative feasibility to satisfy class action Rule 23; whether prison gerrymandering violates the Equal Protection Clause; justiciability of suit against the government for military…