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HARVARD LAW REVIEW‘s May ’17 issue: Harmless Error, Vagrancy Laws, and Abolition of the Death Penalty
The May 2017 issue, Number 7, features these contents: • Article, “A Contextual Approach to Harmless Error Review,” by Justin Murray • Book Review, “Courting Abolition,” by Deborah W. Denno • Book Review, “This Land Is My Land?” by Tracey Meares • Note, “Clarifying Kiobel’s ‘Touch and Concern’ Test” • Note, “If These Walls Could Talk: The Smart Home and the Fourth Amendment Limits of the Third Party Doctrine” Furthermore, student commentary analyzes Recent Cases on: trademark law and applying the Lanham Act to wholly foreign sales; election law and the test for partisan gerrymandering; civil procedure and whether service of process may be accomplished internationally via Twitter; felon disenfranchisement…
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HARVARD LAW REVIEW‘s Apr. ’17 issue: Developments in the Law on “The U.S. Territories”
The Harvard Law Review is offered in a digital edition, featuring active Contents, linked notes, linked URLs in notes, and proper ebook formatting. The contents of Issue 6 include scholarly articles and student casenotes, as well as as the extensive, annual survey of Developments in the Law. This year’s subject is “The U.S. Territories.” Topics include territorial federalism, federal deference to Guam on its law, Puerto Rico’s place in the UN and the international community, and citizenship in American Samoa. The issue also includes an article by John Rappaport on “How Private Insurers Regulate Public Police.” In addition, student contributions explore Recent Cases on the First Amendment and selfies at…
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HARVARD LAW REVIEW‘s March ’17 issue: defining market power; housing and poverty; and minimal education rights
Harvard Law Review‘s March 2017 issue, Number 5, features these contents: • Article, “On the Relevance of Market Power,” by Louis Kaplow • Book Review, “Spiraling: Evictions and Other Causes and Consequences of Housing Instability,” by Vicki Been and Leila Bozorg (reviewing Matthew Desmond’s Evicted: Poverty and Profit in the American City) • Note, “Rights in Flux: Nonconsequentialism, Consequentialism, and the Judicial Role” • Note, “The Misguided Appeal of a Minimally Adequate Education” Furthermore, student commentary analyzes Recent Cases on: separation of powers and the appointments clause; personal jurisdiction in anti-terrorism act cases arising on foreign soil; deference to agency interpretations in conflict with circuit precedent; judicial review of zoning in…
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HARVARD LAW REVIEW‘s Feb. 2017 issue: statutory interpretation, the meaning of money, grand juries, and Chevron
The February 2017 issue, Number 4, features these contents: • Article, William Baude & Stephen E. Sachs, “The Law of Interpretation” • Book Review, Kathryn Judge, “The Importance of ‘Money'” • Note, “Cashing Out a Special Relationship?: Trends Toward Reconciliation Between Financial Regulation and Administrative Law” • Note, “Restoring Legitimacy: The Grand Jury as the Prosecutor’s Administrative Agency” • Note, “The Rise of Purposivism and Fall of Chevron: Major Statutory Cases in the Supreme Court” Furthermore, student commentary analyzes Recent Cases on: abstaining from adjudicating habeas petition of Guantanamo detainee tried by military commission; a Second Circuit ruling that the Terrorism Risk Insurance Act, but not the FSIA, allows recovery…
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HARVARD LAW REVIEW‘s Jan. 2017 issue: Obama on criminal justice, Tushnet on trademark
The January 2017 issue features these notable contents: • Commentary, President Barack Obama, “The President’s Role in Advancing Criminal Justice Reform” • Article, Rebecca Tushnet, “Registering Disagreement: Registration in Modern American Trademark Law” • Book Review, Scott Hershovitz, “The Search for a Grand Unified Theory of Tort Law” • Note, “Repackaging Zauderer” • Note, “Mending the Federal Sentencing Guidelines Approach to Consideration of Juvenile Status” Furthermore, student commentary analyzes Recent Cases on: whether mug shots may be exempt from FOIA disclosure; a Ninth Circuit ruling that concealed carry is not protected by the Second Amendment; collective action waivers in employment arbitration agreements under the NLRA; whether warrantless dog sniffs outside…
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HARVARD LAW REVIEW‘s Dec. 2016 issue: legislative intent, corporate buyouts, and the trolley dilemma
The December 2016 issue, Number 2, features these contents: * Article, “Constitutionally Forbidden Legislative Intent,” by Richard H. Fallon, Jr. * Article, “Deal Process Design in Management Buyouts,” by Guhan Subramanian * Book Review, “Law and Moral Dilemmas,” by Bert I. Huang * Note, “Charming Betsy and the Intellectual Property Provisions of Trade Agreements” * Note, “Political Questions, Public Rights, and Sovereign Immunity” Furthermore, student commentary analyzes Recent Cases on equitable relief from a foreign judgment under RICO, mootness after a 2014 Missouri election, compelling an internet service provider to produce data stored overseas, immunity for failure-to-warn claims under the Communications Decency Act, whether the federal cannabis prohibition is a…
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Harvard Law Review Nov. 2016: Annual Supreme Court Review and Essays for Justice Scalia
The November issue is the special annual review of the U.S. Supreme Court’s previous Term. The issue also includes an In Memoriam section honoring the memory of Justice Antonin Scalia. Contributors include Chief Justice John Roberts, Jr. and Associate Justices Ruth Bader Ginsburg and Elena Kagan, as well as Cass Sunstein, Martha Minow, John Manning, and Rachel Barkow. Each year, the Supreme Court issue is introduced by noteworthy and extensive contributions from recognized scholars. In this issue, for the 2015 Term, articles include: • Foreword: “Looking for Power in Public Law,” by Daryl J. Levinson • Essay: “The Age of Scalia,” by Jamal Greene • Comment: “Fisher‘s Cautionary Tale and the…
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Harvard Law Review, June ’16: Institutional memory in criminal process; statutory interpretation; and international law
The June 2016 issue, Number 8, of the Harvard Law Review features these contents: • Article, “Systemic Facts: Toward Institutional Awareness in Criminal Courts,” by Andrew Manuel Crespo • Book Review, “Fixing Statutory Interpretation,” by Brett M. Kavanaugh • Book Review, “Knowledge and Politics in International Law,” by Samuel Moyn • Note, “Major Question Objections” • Note, “Chinese Common Law? Guiding Cases and Judicial Reform” • Note, “OSHA’s Feasibility Policy: The Implications of the ‘Infeasibility’ of Respirators” Furthermore, student commentary analyzes Recent Cases on sex-discrimination implications of gender-normed FBI fitness requirements; trademark law and the antidisparagement rule as a constitutional problem; practical elimination of the adverse-interest exception as a defense…
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Harvard Law Review, May ’16: Searches and the 4th Amendment; Law as Force; and Agency Review of Due Process
The May 2016 issue, Number 7, features these contents: • Article, “The Positive Law Model of the Fourth Amendment,” by William Baude and James Y. Stern • Essay, “Deference and Due Process,” by Adrian Vermeule • Book Review, “How to Explain Things with Force,” by Mark Greenberg • Note, “Free Speech Doctrine After Reed v. Town of Gilbert” Furthermore, student commentary analyzes Recent Cases on the Affordable Care Act and the origination clause; statutory interpretation and the Video Privacy Protection Act; and commercial speech doctrine and the FDA’s power to prosecute non-misleading statements after modifying text. Other commentary examines South Carolina’s legislative effort to to disqualify companies who support BDS…
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Harvard Law Review, Apr. ’16, is special Developments in the Law issue, on Indian Law
The April 2016 issue is the annual Developments in the Law special issue. The topic of this extensive study is “Indian Law,” including specific focus on tribal executive branches, tribal authority to follow fresh pursuit onto non-tribal (state) land, reconsidering ICRA and rights, securing Native American voting rights, and indigenous people and extractive industries. In addition, the issue features these contents: • Article, “Reconstructivism: The Place of Criminal Law in Ethical Life,” by Joshua Kleinfeld • Essay, “Rule of Law Tropes in National Security,” by Shirin Sinnar • Book Review, “Coming into the Anthropocene,” by Jedediah Purdy Furthermore, student commentary analyzes Recent Cases on excessive force and SWAT raids after…