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. 118, No. 6, April

Constitutional Law - Freedom of the Press - Pennsylvania Supreme Court Declines to Adopt Neutral Reportage Privilege
CONSTITUTIONAL LAW--FREEDOM OF THE PRESS--PENNSYLVANIA SUPREME COURT DECLINES TO ADOPT NEUTRAL REPORTAGE PRIVILEGE.--Norton v. Glenn, 860 A.2d 48 (Pa. 2004). Lately, it seems as if some politicians have lost the fine art of discretion. Last June,...
Criminal Law - Postsentence Administration - Seventh Circuit Upholds Federal Bureau of Prisons Interpretation of Federal Good Conduct Time Statute
CRIMINAL LAW--POSTSENTENCE ADMINISTRATION--SEVENTH CIRCUIT UPHOLDS FEDERAL BUREAU OF PRISONS INTERPRETATION OF FEDERAL GOOD CONDUCT TIME STATUTE.--White v. Scibana, 390 F.3d 997 (7th Cir. 2004). If a coffee shop offers a deal in which you can "drink...
Executing the Treaty Power
TABLE OF CONTENTS INTRODUCTION: ENUMERATION AND THE TREATY POWER I. OF TREATIES AND THEIR STATUTES II. TEXT AND STRUCTURE A. The Treaty Clause and the Necessary and Proper Clause 1. "To Make Treaties" 2. "Necessary and Proper" ...
Jazz Has Got Copyright Law and That Ain't Good
Jazz is in trouble. Even if the music is not dead, "a lot of people think jazz is dying." (1) Efforts at diagnosis and attempts to revive the music are difficult because it faces a complicated predicament: the music is suffering both popularly and...
Last Resorts and Fundamental Rights: The Substantive Due Process Implications of Prohibitions on Medical Marijuana
Angel McClary Raich suffers from "more than ten serious medical conditions, including an inoperable brain tumor, life-threatening weight loss, a seizure disorder, nausea, and several chronic pain disorders." (1) For years, she sought relief in one...
Legitimacy and Obedience
Perhaps we should just stop talking about legitimacy altogether. Why do we even need to use the word, at least in discussions of constitutional law? That is one of the questions raised by Richard Fallon's thoughtful and exceptionally illuminating...
Legitimacy and the Constitution
TABLE OF CONTENTS INTRODUCTION I. THREE CONCEPTS OF LEGITIMACY AND THEIR OBJECTS A. Legitimacy as a Legal Concept B. Legitimacy as a Sociological Concept C. Legitimacy as a Moral Concept D. An Aside on Legal Positivism and Natural...
Secret Evidence in the War on Terror
On July 9, 2004, almost thirty-two months after President George W. Bush first authorized the use of military commissions to try suspected alien terrorists, (1) military commissions began formal proceedings as the government filed charges against...
The Disclosure Function of the Patent System (or Lack Thereof)
The most commonly offered economic justification for the patent system is that it preserves the incentive for inventors to create, develop, and commercialize new technologies and innovations. Economists and legal commentators often invoke a second...