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. 8, June

Advisory Opinions and the Influence of the Supreme Court over American Policymaking
The influence and prestige of the federal judiciary derive primarily from its exercise of judicial review. This power to strike down acts of the so-called political branches or of state governments as repugnant to the Constitution--like the federal...
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(Free Speech Rights in Employer Retaliation)
CONSTITUTIONAL LAW--FIRST AMENDMENT--SIXTH CIRCUIT HOLDS THAT PRIMARY AND SECONDARY SCHOOL TEACHERS' CURRICULAR DECISIONS ARE NOT ENTITLED TO FREE SPEECH PROTECTION.--Evans-Marshall v. Board of Education, 624 F.3d 332 (6th Cir. 2010). In Pickering...
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In Memoriam: William J. Stuntz
In October Term 1985, I met two extraordinary men who changed my life: Harry Blackmun (for whom I clerked) and Bill Stuntz (who was clerking for Justice Powell in the chambers next door). They were connected by the combination of a passion for justice,...
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In Memoriam: William J. Stuntz
Bill Stuntz was, to borrow a baseball analogy, the ultimate five-tool law professor: he was an inspiring teacher, a pathbreaking scholar, a fabulous colleague, an extraordinary institutional citizen, and an outstanding person. I began my teaching...
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In Memoriam: William J. Stuntz
Nobel Prize-winning physicist Steven Weinberg once said, "The effort to understand the universe is one of the very few things that lifts human life a little above the level of farce, and gives it some of the grace of tragedy." (1) No one made more...
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In Memoriam: William J. Stuntz
Bill made a lot of errors in his articles. I know that, because he told me so, often in graphic detail, sometimes years after writing them; sometimes days. (1) As anyone familiar with Bill or his work knows, this sort of harsh self-criticism bespeaks...
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In Memoriam: William J. Stuntz
My relationship with Bill Stuntz began in 1981 when he was assigned as a first-year student to my course in Contracts. This was a large class--close to 150 students as I recall. And, in a quirk of the random selection mechanism, the class contained...
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In Memoriam: William J. Stuntz
The first rumor we students heard when Bill Stuntz returned to the University of Virginia to teach after his Supreme Court clerkship was that he hadn't gotten into Virginia the first time he applied. He'd been turned down, the story went, spent a year...
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In Memoriam: William J. Stuntz
"Niiice" he would say. '''Nicer He'd be nodding, eyes lit up, and speaking with the kind of appreciative tone someone else might use to describe a sports car or a vintage wine. This was Bill's reaction to an interesting point made by a colleague or...
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Interpreting Silence: The Roles of the Courts and the Executive Branch in Head of Head of State Immunity Cases
The resolution of head of state immunity claims is often effective, even if not particularly principled. In many cases, the executive branch--speaking through the State Department --provides a "suggestion of immunity" on behalf of a putative head of...
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(Mandatory Minimum Sentences)
CRIMINAL LAW--SENTENCING--SIXTH CIRCUIT HOLDS THAT FEDERAL JUDGES MAY NOT CONSIDER [section] 3553(a) FACTORS IN RULE 35(B) HEARINGS.--United States v. Grant, No. 07-3831, 2011 WL 71475 (6th Cir. Jan. 11, 2011) (en banc). Mandatory minimum sentences...
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(Protective Orders Limiting Evidence Disclosure)
CIVIL PROCEDURE--PROTECTIVE ORDERS--NINTH CIRCUIT HOLDS THAT GRAND JURY CAN SUBPOENA PROTECTED FOREIGN DOCUMENTS.--In re Grand Jury Subpoenas (White & Case LLP), 627 F.3d 1143 (9th Cir. 2010). Rule 26(c) of the Federal Rules of Civil Procedure...
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(Qualified Immunity from Civil Damages Liability)
FOURTH AMENDMENT--QUALIFIED IMMUNITY--THIRD CIRCUIT HOLDS THAT POLICE OFFICER'S GOOD FAITH RELIANCE ON LEGAL ADVICE CREATES A PRESUMPTION OF REASONABLENESS.--Kelly v. Borough of Carlisle, 622 F.3d 248 (3d Cir. 2010). In suits arising under 42 U.S.C....
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Recent Legislation
ADMINISTRATIVE LAW--AGENCY DESIGN--DODD-FRANK ACT CREATES THE CONSUMER FINANCIAL PROTECTION BUREAU--Dodd-Frank Act, Pub. L. No. 111-203, 124 Stat. 1376 (2010) (to be codified in scattered sections of the U.S. Code). Traditionally, consumer financial...
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Recent Publications
ENSURING CORPORATE MISCONDUCT: HOW LIABILITY INSURANCE UNDERMINES SHAREHOLDER LITIGATION. By Tom Baker & Sean J. Griffith. Chicago, Ill.: The University of Chicago Press. 2010. Pp. viii, 285. $45.00. The goal of shareholder litigation, it is said,...
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Separation of Powers as Ordinary Interpretation
The Supreme Court applies the structural provisions of the Constitution by relying on an overarching framework of "separation of powers." Its cases reflect two distinct visions of the doctrine. Functionalist decisions presuppose that Congress...
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The Host's Dilemma: Strategic Forfeiture in Platform Markets for Informational Goods
Voluntary forfeiture of intellectual assets--often, exceptionally valuable assets--is surprisingly widespread in information technology markets. A simple economic rationale can account for these practices. By giving away access to core technologies,...
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(Violation of Ex Post Facto Clause Using Sentencing Guidelines)
CRIMINAL LAW--SENTENCING GUIDELINES--SECOND CIRCUIT HOLDS THAT IMPOSING BELOW-GUIDELINES SENTENCE USING RETROACTIVE GUIDELINES RANGE INCREASE DOES NOT VIOLATE EX POST FACTO CLAUSE.--United States V. Ortiz, 621 F.3D 82 (2D CIR. 2010). The Ex Post...
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