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. 123, No. 4, February

Badging: Section 230 Immunity in a Web 2.0 World
The drafters of [section] 230 of the Communications Decency Act (1) (CDA) aimed to encourage the growth of free speech online while also giving site operators an incentive to edit and self-police by granting those owners immunity from liability for...
Constitutional Law - First Amendment - Ninth Circuit Holds Montana Election Contribution Disclosure Requirements Unconstitutional as Applied to De Minimis Contributions
CONSTITUTIONAL LAW--FIRST AMENDMENT--NINTH CIRCUIT HOLDS MONTANA ELECTION CONTRIBUTION DISCLOSURE REQUIREMENTS UNCONSTITUTIONAL AS APPLIED TO DE MINIMIS CONTRIBUTIONS.--Canyon Ferry Road Baptist Church of East Helena, Inc. v. Unsworth, 556 F.3d 1021...
Defamation Law - Discovery - Maryland Court of Appeals Sets out Process Required before Court May Compel Identification of Anonymous Internet Defendants
DEFAMATION LAW--DISCOVERY--MARYLAND COURT OF APPEALS SETS OUT PROCESS REQUIRED BEFORE COURT MAY COMPEL IDENTIFICATION OF ANONYMOUS INTERNET DEFENDANTS.--Independent Newspapers, Inc. v. Brodie, 966 A.2d 432 (Md. 2009). Anonymous speech has a long...
Employment Law - Title VII - Third Circuit Issues Split Decision in Case Involving Gay Man's Harassment Claims
EMPLOYMENT LAW--TITLE VII--THIRD CIRCUIT ISSUES SPLIT DECISION IN CASE INVOLVING GAY MAN'S HARASSMENT CLAIMS.--Prowel v. Wise Business Forms, Inc., No. 07-3997, 2009 U.S. App. LEXIS 19350 (3d Cir. Aug. 28, 2009). The provisions against employment...
Federal Courts - Section 1983 Litigation - Fifth Circuit Equally Divides on Decision to Uphold Judgment against District Attorney's Office for Withholding Exculpatory Evidence
FEDERAL COURTS--SECTION 1983 LITIGATION--FIFTH CIRCUIT EQUALLY DIVIDES ON DECISION TO UPHOLD JUDGMENT AGAINST DISTRICT ATTORNEY'S OFFICE FOR WITHHOLDING EXCULPATORY EVIDENCE.--Thompson v. Connick, 578 F.3d 293 (5th Cir. 2009) (en banc). Prosecutors...
Federal Statutes - Stored Communications Act - Fourth Circuit Upholds Award of Punitive but Not Statutory Damages
FEDERAL STATUTES--STORED COMMUNICATIONS ACT--FOURTH CIRCUIT UPHOLDS AWARD OF PUNITIVE BUT NOT STATUTORY DAMAGES.--Van Alstyne v. Electronic Scriptorium, Ltd., 560 F.3d 199 (4th Cir. 2009). The rapid rise of electronic communication over the past...
Fourth Amendment - Plain View Doctrine - En Banc Ninth Circuit Holds That the Government Should Waive Reliance on Plain View Doctrine in Digital Contexts
FOURTH AMENDMENT--PLAIN VIEW DOCTRINE--EN BANC NINTH CIRCUIT HOLDS THAT THE GOVERNMENT SHOULD WAIVE RELIANCE ON PLAIN VIEW DOCTRINE IN DIGITAL CONTEXTS.--United States v. Comprehensive Drug Testing, Inc., 579 F.3d 989 (9th Cir. 2009) (en banc). ...
Intellectual Property Law and the Sumptuary Code
TABLE OF CONTENTS INTRODUCTION 810 I. THE SUMPTUARY CODE AND THE PROBLEM OF COPYING TECHNOLOGY 817 A. The Sumptuary Code and the Fashion Process 819 B. The Limits of Competitive...
Making Ballot Initiatives Work: Some Assembly Required
For over one hundred years, the ballot initiative or proposition (1) has been touted as a solution to some of the problems in the representative system of democracy in the United States. (2) Depending on a state's ballot initiative system, this mechanism...
Omnibus Appropriations Act, 2009-President Obama Issues First Constitutional Signing Statement, Declares Appropriations Bill Provisions Unenforceable
OMNIBUS APPROPRIATIONS ACT, 2009-PRESIDENT OBAMA ISSUES FIRST CONSTITUTIONAL SIGNING STATEMENT, DECLARES APPROPRIATIONS BILL PROVISIONS UNENFORCEABLE.--Statement on Signing the Omnibus Appropriations Act, 2009, DAILY COMP. PRES. DOC. No. DCPD200900145...
Prosecutorial Power and the Legitimacy of the Military Justice System
I. INTRODUCTION In the American criminal justice system, the prosecutor is a uniquely powerful individual. (1) Due to the huge number of prosecutable crimes, he has vast discretion in bringing and dismissing charges, negotiating plea bargains, trying...
Recent Publications
GENDER EQUALITY: DIMENSIONS OF WOMEN'S EQUAL CITIZENSHIP. Edited by Linda C. McClain and Joanna L. Grossman. New York, N.Y.: Cambridge University Press. 2009. Pp. xvi, 450. $90.00. Despite progress, gender inequalities persist. Professors Linda McClain...