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. 1, November

Hamdan V. Rumsfeld: The Legal Academy Goes to Practice
TABLE OF CONTENTS I. HAMDAN: HOW THEORY INFORMED PRACTICE A. Framing Effects B. The Passive Virtues C. Default Rules and the Veto II. HAMDAN: HOW PRACTICE REINED IN THEORY A. Inherent Authority B. Deference III. FUTURE REFORM ...
I. Constitutional Law: A. Constitutional Structure
State Sovereign Immunity--Bankruptcy.--Bankruptcy law has come a long way since the eighteenth century, when debtors were often punished with imprisonment and fared worse in colonial jails than common criminals. (1) Thanks partly to the U.S. Constitution's...
I. Constitutional Law: B. Criminal Law and Procedure
1. Eighth Amendment--Death Penalty--Consideration of Invalid Sentencing Factors.--The practice of judging may be a pursuit of legal predictability, (1) but it is not only that. It is also a quest for coherence. Judges must undergird any doctrine with...
I. Constitutional Law: C. Due Process
1. Required Scope of Insanity Defense.--Since M'Naghten's Case, (1) common law courts have recognized the need to take account of mental illness in assessing criminal responsibility. Precisely how to go about this accounting has long been a matter...
I. Constitutional Law: D. Equal Protection
Redistricting--Partisan Gerrymandering.--Breakdowns in the democratic process initially appear to present especially appropriate opportunities for judicial intervention. Because groups that are excluded from elections cannot ordinarily remedy their...
I. Constitutional Law: E. Freedom of Association
Freedom of Expressive Association--Campus Access for Military Recruiters.--Every fall, law schools open their doors to employers intent upon cherry-picking the best and brightest from the second-year classes. A courtship process ensues, facilitated...
I. Constitutional Law: F. Freedom of Speech and Expression
1. Application to Incarcerated Persons--Inmate Access to Print Media.--The Supreme Court's steady retreat over the years from the high-water mark of protecting prisoners' constitutional rights has been well documented. (1) In Turner v. Safley, (2)...
II. Federal Jurisdiction and Procedure: A. Equitable Remedies
Abortion Rights--Remedy for Unconstitutionality.--Since deciding Roe v. Wade, (1) the Supreme Court has sent mixed signals regarding the proper standard to apply in addressing facial challenges to abortion regulations. In several cases, the Court applied...
II. Federal Jurisdiction and Procedure: B. Status of International Law
Enforceability of Treaties in Domestic Courts--Vienna Convention on Consular Relations.--Article 36 of the Vienna Convention on Consular Relations (1) (VCCR) "guarantees open channels of communication between detained foreign nationals and their consulates...
III. Federal Statutes and Regulations: A. Civil Rights Act, Title VII
Standard for Retaliatory Conduct.--In the past decade, the number of retaliation claims under Title VII of the Civil Rights Act of 1964 (1) has skyrocketed, (2) and commentators have highlighted the impact of retaliation on workplace dynamics. (3)...
III. Federal Statutes and Regulations: B. Criminal Law
Firearms Regulation--Defense of Duress.--Herman Melville wrote that "[s]ilence is at once the most harmless and the most awful thing in all nature." (1) It is also perhaps the most versatile, mutable thing in law: courts have ascribed varying meanings...
III. Federal Statutes and Regulations: C. Patent
Availability of Injunctive Relief.--Courts have traditionally issued permanent injunctions against future infringement as a matter of course upon finding that a defendant infringed a patent. (1) However, concerns over "patent trolls" (2) and a rise...
III. Federal Statutes and Regulations: D. Religious Freedom Restoration Act
Statutory Exemptions.--Though religious accommodation has long divided people politically, in recent years it has also placed Congress at odds with the Supreme Court. The Court's 1990 opinion Employment Division v. Smith, (1) in many scholars' estimation,...
III. Federal Statutes and Regulations: E. Review of Administrative Action
1. Clean Water Act--Federal Jurisdiction over Navigable Waters.--Many of us think of swamps, bogs, and morasses as places to avoid. Yet in environmental law and policy, the subject of such zones, known as wetlands, is far from avoided. Indeed, debates...
The Statistics
THE STATISTICS TABLE I (a) (A) ACTIONS OF INDIVIDUAL JUSTICES OPINIONS WRITTEN (b) Opinions Concur- of Court (d) rencese Dissents (e) Total Roberts 8 2 ...
The Supreme Court 2005 Term: Foreword: The Court's Agenda - and the Nation's
TABLE OF CONTENTS I. THE NATION'S AGENDA A. Definitional Preliminaries B. The Data C. Some Surprising Omissions II....AND THE COURT'S A. The Highlights B. A Quiet Term? III. THE LONGER VIEW A. Looking Back B. A Digression on Importance IV....