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. 124, No. 6, April

A Chevron for the House and Senate: Deferring to Post-Enactment Congressional Resolutions That Interpret Ambiguous Statutes
If Congress wishes to resolve a statutory ambiguity, it always has the option of passing a law via bicameralism and presentment. In reality, however, passing laws is extremely difficult, and often the legislative enactment costs are simply greater...
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Administrative Law - Due Process - D.C. Circuit Upholds EPA Superfund Authority to Issue Cleanup Orders Reviewable Only under Threat of Penalty
ADMINISTRATIVE LAW--DUE PROCESS--D.C. CIRCUIT UPHOLDS EPA SUPERFUND AUTHORITY TO ISSUE CLEANUP ORDERS REVIEWABLE ONLY UNDER THREAT OF PENALTY.--General Electric Co. v. Jackson, 610 F.3D 110 (D.C. CIR. 2010) Federal agencies possess broad authority...
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Copyright Law - Digital Millennium Copyright Act - Librarian of Congress Exempts University Professors and Film Students from DMCA Anticircumvention Provisions
COPYRIGHT LAW--DIGITAL MILLENNIUM COPYRIGHT ACT--LIBRARIAN OF CONGRESS EXEMPTS UNIVERSITY PROFESSORS AND FILM STUDENTS FROM DMCA ANTICIRCUMVENTION PROVISIONS.--Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control...
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Criminal Law - Joint Trials - Nevada Supreme Court Reverses Conviction on the Basis of Spillover Prejudice
CRIMINAL LAW--JOINT TRIALS--Nevada Supreme Court REVERSES CONVICTION ON THE BASIS OF SPILLOVER PREJUDICE.--Stewart v. State, No. 53100, 2010 WL 4226456 (Nev. Oct. 22, 2010). Trials involving multiple defendants present problems for juries that do...
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Criminal Law - Stored Communications Act - Third Circuit Allows Government to Acquire Cell Phone Tracking Data without Probable Cause
CRIMINAL LAW--STORED COMMUNICATIONS ACT--THIRD CIRCUIT ALLOWS GOVERNMENT TO ACQUIRE CELL PHONE TRACKING DATA WITHOUT PROBABLE CAUSE. --In re The Application of the United States for an Order Directing a Provider of Electronic Communication Service...
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Employment Discrimination - Title VII - Ninth Circuit Holds That Excluding Men from Supervisory Positions in Women's Prison Violates Title VII
EMPLOYMENT DISCRIMINATION--TITLE VII--NINTH CIRCUIT HOLDS THAT EXCLUDING MEN FROM SUPERVISORY POSITIONS IN WOMEN'S PRISON VIOLATES TITLE VII.--Breiner v. Nevada Department of Corrections, 610 F.3d 1202 (9th Cir. 2010). Title VII of the Civil Rights...
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Information Acquisition and Institutional Design
CONTENTS INTRODUCTION 1423 I THE PROBLEM OF PUBLIC UNDERINVESTMENT IN INFORMATION 1427 II. RESEARCH INCENTIVES OF A SINGLE AGENT 1438 A. Ex Ante Substantive and Procedural Constraint...
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Orphan Business Models: Toward a New Form of Intellectual Property
CONTENTS I. RESPONSES WITHIN PATENT LAW: BUSINESS METHODS AND 1371 RELATED DOCTRINES A. Market Experimentation After Bilski 1373 1. Abstractness and Suitability for Experimentation 1373 ...
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Permitting Private Initiation of Criminal Contempt Proceedings
In some states, those who violate court orders can be punished by privately initiated proceedings for criminal contempt. (1) Other jurisdictions forbid such an arrangement. (2) The Supreme Court has instructed the federal courts to appoint only "disinterested"...
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Restoring Electoral Equilibrium in the Wake of Constitutionalized Campaign Finance
Campaign finance laws have been frequently in the minds of legal scholars, politicians, and American citizens since the release of the Citizens United v. FEC (1) decision in January 2010. Some treated Citizens United as an outlier, shocking in its...
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Rethinking the Boundaries of the Sixth Amendment Right to Choice of Counsel
I. INTRODUCTION Criminal defense is personal business. For this reason, the Constitution's ample procedural protections for criminal defendants are written not just to provide a fair trial, but also to put the defendant in control of his own defense....
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