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. 122, No. 8, June

Administrative Law - Appointments Clause - D.C. Circuit Holds That the SEC Chairman Is Not the "Head" of the SEC
ADMINISTRATIVE LAW--APPOINTMENTS CLAUSE--D.C. CIRCUIT HOLDS THAT THE SEC CHAIRMAN IS NOT THE "HEAD" OF THE SEC.--Free Enterprise Fund v. Public Co. Accounting Oversight Board, 537 F.3d 667 (D.C. Cir. 2008), cert. granted, 77 U.S.L.W. 3431 (U.S. May...
Bankruptcy Law - Fifth Circuit Applies Doctrine of Constitutional Avoidance to Uphold Attorney Speech Restrictions in Bankruptcy Code
BANKRUPTCY LAW--FIFTH CIRCUIT APPLIES DOCTRINE OF CONSTITUTIONAL AVOIDANCE TO UPHOLD ATTORNEY SPEECH RESTRICTIONS IN BANKRUPTCY CODE.--Hersh v. United States ex rel. Mukasey, 553 F.3d 743 (5th Cir. 2008). Judges construe laws in order to discern...
Child Pornography, the Internet, and the Challenge of Updating Statutory Terms
I. INTRODUCTION It is uncontroversial that the formal power to define federal crimes resides exclusively with Congress. (1) But federal criminal statutes are often sufficiently broad or indefinite that it is left to the courts to clarify what a...
Constitutional Law - Free Speech - D.C. Circuit Upholds Access Restriction to Military-Run Newspapers on Forum Analysis Grounds
CONSTITUTIONAL LAW--FREE SPEECH--D.C. CIRCUIT UPHOLDS ACCESS RESTRICTION TO MILITARY-RUN NEWSPAPERS ON FORUM ANALYSIS GROUNDS.--Bryant v. Gates, 532 F.3d 888 (D.C. Cir. 2008). Recent decades have witnessed an increasing amount of communication by...
Federalism and the Generality Problem in Constitutional Interpretation
TABLE OF CONTENTS I. LETTER VERSUS SPIRIT 2009 A. The Holy Trinity Era 2011 B. The New Textualism 2013 II. THE NEW FEDERALISM 2020 ...
Local Government Law - Preemption - Southern District of New York Holds That New York City Hybrid Taxi Regulations Are Likely Preempted by the EPCA
LOCAL GOVERNMENT LAW--PREEMPTION--SOUTHERN DISTRICT OF NEW YORK HOLDS THAT NEW YORK CITY HYBRID TAXI REGULATIONS ARE LIKELY PREEMPTED BY THE EPCA.--Metropolitan Taxicab Board of Trade v. City of New York, No. 08 Civ. 7837 (PAC), 2008 WL 4866021 (S.D.N.Y....
Media Incentives and National Security Secrets
Alexander Bickel characterized the American approach to protecting national security secrets as an "unruly contest" between government and the press. (1) On this view, the government's role is to classify information that ought be kept secret and to...
On Enforcing Viral Terms
I. INTRODUCTION "Viral" terms in licenses and contracts purport to create rights and duties for parties other than the signatories. For instance, the General Public License (GPL) version 2, under which much free and open source software is distributed,...
Strict Scrutiny in the Middle Forum
I. INTRODUCTION It is perhaps no exaggeration that "the story of the First Amendment is the story of the public forum doctrine." (1) Stated in its simplest form, forum analysis requires a court first to categorize a location (or forum) to which...
The Conservative Insurgency and Presidential Power: A Developmental Perspective on the Unitary Executive
TABLE OF CONTENTS I. A NEW FORMALISM 2074 II. EARLY CONSTRUCTIONS 2077 III. THE PROGRESSIVE CONSTRUCTION 2083 IV. THE UNITARY EXECUTIVE AS THEORY 2092 V....
The Mysteries of the Congressional Review Act
When President George W. Bush came into office, one of his Administration's first actions was to delay and withdraw the last-minute regulations that President Clinton had enacted in his final weeks in office. (1) And as President Bush's term came to...