Harvard Law Review

The Harvard Law Review is a journal published eight times a year (Nov.-Jun.) in Cambridge, Mass. Founded in 1887, its subject is law and legal scholarship. Its audience is comprised of lawyers, judges, educators, students and other professionals in the judicial system.

Articles from Vol. 120, No. 6, April

An Originalist Analysis of the No Religious Test Clause
Few issues provoke more impassioned debate in America than the relationship between church and state. Until recently, however, this debate lacked any extended discussion of the original Constitution's only provision addressing that relationship: the...
A Second Chance: The Right to Effective Assistance of Counsel in Immigration Removal Proceedings
Every year, the United States deports hundreds of thousands of aliens. (1) Before deportation, aliens are entitled to an administrative removal proceeding at which they can challenge the grounds for their deportation or, more commonly, appeal for discretionary...
Congress, Article IV, and Interstate Relations
Article IV imposes prohibitions on interstate discrimination that are central to our status as a single nation, yet the Constitution also grants Congress broad power over interstate relations. This raises questions with respect to the scope of Congress's...
Constitutional Law - Freedom of Speech - Ninth Circuit Upholds Public School's Prohibition of Anti-Gay T-Shirts
CONSTITUTIONAL LAW--FREEDOM OF SPEECH--NINTH CIRCUIT UPHOLDS PUBLIC SCHOOL'S PROHIBITION OF ANTI-GAY T-SHIRTS. -- Harper v. Poway Unified School District, 445 F.3d 1166 (9th Cir.), reh'g en banc denied, 455 F.3d 1052 (9th Cir. 2006), vacated as moot,...
Criminal Procedure - Federal Sentencing Guidelines - Third Circuit Deepens Split over Notice Requirement for Non-Guidelines Sentences
CRIMINAL PROCEDURE--FEDERAL SENTENCING GUIDELINES--THIRD CIRCUIT DEEPENS SPLIT OVER NOTICE REQUIREMENT FOR NON-GUIDELINES SENTENCES.--United States v. Vampire Nation, 451 F.3d 189 (3d Cir.), cert. denied, 127 S. Ct. 424, reh'g denied, 127 S. Ct. 761...
Employment Law - Title VII - Tenth Circuit Clarifies Causation Standard for Subordinate Bias Claims
EMPLOYMENT LAW--TITLE VII--TENTH CIRCUIT CLARIFIES CAUSATION STANDARD FOR SUBORDINATE BIAS CLAIMS. -- EEOC v. BCI Coca-Cola Bottling Co. of Los Angeles, 450 F.3d 476 (10th Cir. 2006), cert. granted, 127 S. Ct. 852 (2007). In order to fulfill Title...
Evidence - Confrontation Clause - Second Circuit Holds That Autopsy Reports Are Not Testimonial Evidence
EVIDENCE--CONFRONTATION CLAUSE--SECOND CIRCUIT HOLDS THAT AUTOPSY REPORTS ARE NOT TESTIMONIAL EVIDENCE. -- United States v. Feliz, 467 F.3d 227 (2d Cir. 2006), cert. denied, 75 U.S.L.W. 3438 (U.S. Feb. 20, 2007) (No. 06-8777). The Supreme Court's...
Fragile Democracies
Democratic regimes around the world find themselves besieged by antidemocratic groups that seek to use the electoral arena as a forum to propagandize their causes and rally their supporters. Virtually all democratic countries respond by restricting...
New Evidence on the Presumption against Preemption: An Empirical Study of Congressional Responses to Supreme Court Preemption Decisions
Cases regarding federal preemption of state law are among the most important decided by the Supreme Court, not only because they determine the fate of state laws that significantly impact people's lives, (1) but also because they substantially affect...
Simplicity as Equality in Criminal Procedure
I. INTRODUCTION Justice Black once loftily claimed that "[t]here can be no equal justice where the kind of trial a man gets depends on the amount of money he has." (1) In service of this principle, the Supreme Court recognized a constitutional right...
State Law as "Other Law": Our Fifty Sovereigns in the Federal Constitutional Canon
The Supreme Court's recent citations to and discussions of foreign law (1) have generated extensive and well-known controversy. (2) On the political front, members of Congress have attempted to pass legislation proscribing courts from relying on foreign...
The Fourth Amendment's Third Way
I. INTRODUCTION: SEARCHING FOR CONTENT Scholars agree on very little concerning the Fourth Amendment, but one of the few propositions that nearly everyone accepts is the almost incomparable incoherence of its doctrine. Professor Lloyd Weinreb calls...
The Two Faces of Chevron
Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., (1) the Supreme Court opinion that increased the level of deference given by courts to administrative agencies in their interpretation of statutory language, has generated a substantial...
Tort Law - Liability Insurers and Defense Costs - Seventh Circuit Affirms Dismissal of Insurer's Legal Malpractice Suit
TORT LAW--LIABILITY INSURERS AND DEFENSE COSTS--SEVENTH CIRCUIT AFFIRMS DISMISSAL OF INSURER's LEGAL MALPRACTICE SUIT.--TIG Insurance Co. v. Giffin Winning Cohen & Bodewes, P.C., 444 F.3d 587 (7th Cir. 2006). Liability insurers frequently challenge...