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. 7, May

Administrative Law - Judicial Review - District Court for the District of Columbia Invalidates Regulations Implementing Bipartisan Campaign Reform Act
ADMINISTRATIVE LAW--JUDICIAL REVIEW--DISTRICT COURT FOR THE DISTRICT OF COLUMBIA INVALIDATES REGULATIONS IMPLEMENTING BIPARTISAN CAMPAIGN REFORM ACT.--Shays v. FEC, 337 F. Supp. 2d 28 (D.D.C. 2004). Between 1977 and 2002, Federal Election Commission...
American Indian Law - Tribal Court Civil Jurisdiction - Ninth Circuit Holds That Tribal Courts Lack Subject Matter Jurisdiction over Products Liability Suits Arising on Tribal Land
AMERICAN INDIAN LAW--TRIBAL COURT CIVIL JURISDICTION--NINTH CIRCUIT HOLDS THAT TRIBAL COURTS LACK SUBJECT MATTER JURISDICTION OVER PRODUCTS LIABILITY SUITS ARISING ON TRIBAL LAND.--Ford Motor Co. v. Todecheene, 394 F.3d 1170 (9th Cir. 2005). For...
Collective Sanctions and Large Law Firm Discipline
I. INTRODUCTION An underdeterrence problem exists in the regulation of unethical conduct of lawyers in large law firms. Between 1995 and 1998, the American Bar Association Section on Litigation engaged a task force of professional responsibility...
Congressional Authorization and the War on Terrorism
TABLE OF CONTENTS I. INTRODUCTION II. TWO MISCONCEPTIONS ABOUT THE AUMF A. War Declarations and Force Authorizations B. Is This a "Real" War? III. THE AUMF IN HISTORICAL PERSPECTIVE A. Historical Comparison of Authorizations To...
Constitutional Law - Commerce Clause - Eleventh Circuit Holds That Congress May Not Criminalize Possession of Intrastate Child Pornography
CONSTITUTIONAL LAW--COMMERCE CLAUSE--ELEVENTH CIRCUIT HOLDS THAT CONGRESS MAY NOT CRIMINALIZE POSSESSION OF INTRASTATE CHILD PORNOGRAPHY.--United States v. Maxwell, 386 F.3d 1042 (11th Cir. 2004). The heart of the Rehnquist Court's federalism revival...
Criminal Law - Mutual Combat Mitigation - Appellate Court of Illinois Holds That Disproportionate Reaction to Provocation Negates Mutual Combat Mitigation
CRIMINAL LAW--MUTUAL COMBAT MITIGATION--APPELLATE COURT OF ILLIONIS HOLDS THAT DISPROPORTIONATE REACTION TO PROVOCATION NEGATES MUTUAL COMBAT MITIGATION.--People v. Thompson, 821 N.E.2d 664 (Ill. App. Ct. 2004). As the modern legal system has expanded...
Criminal Procedure - Jury Tampering - Ninth Circuit Holds That Glaring by Government Agents May Trigger Presumption of Prejudice
CRIMINAL PROCEDURE--JURY TAMPERING--NINTH CIRCUIT HOLDS THAT GLARING BY GOVERNMENT AGENTS MAY TRIGGER PRESUMPTION OF PREJUDICE.--United States v. Rutherford, 371 F.3d 634 (9th Cir. 2004). Judicial practices and evidentiary rules sometimes render...
Developments in the Law: Jobs and Borders
"The happiness of men consists in life. And life is in labor." Lyof Nikolayevitch Tolstoi, quoted in JOHN BARTLETT, FAMILIAR QUOTATIONS 996 (Nathan Haskell Dole ed., 10th ed., 1923). "The lofty moral tone of the opponents of globalization is possible...
Election Law - Statutory Interpretation - Sixth Circuit Employs Clear Statement Rule in Holding That the Help America Vote Act Does Not Require States to Count Provisional Ballots Cast outside Voters' Home Precincts
ELECTION LAW--STATUTORY INTERPRETATION--SIXTH CIRCUIT EMPLOYS CLEAR STATEMENT RULE IN HOLDING THAT THE HELP AMERICA VOTE ACT DOES NOT REQUIRE STATES TO COUNT PROVISIONAL BALLOTS CAST OUTSIDE VOTERS' HOME PRECINCTS. --Sandusky County Democratic Party...
Juvenile Curfews and the Major Confusion over Minor Rights
In 1976, the Supreme Court denied certiorari in Bykofsky v. Borough of Middletown, (1) the federal courts' first case involving juvenile curfews. (2) In the nearly three decades since, the federal circuits have fragmented over the constitutionality...
Old Regionalism, New Regionalism, and Envision Utah: Making Regionalism Work
I. INTRODUCTION For decades, observers have blamed prevailing land use patterns for rapid land consumption, congestion, air pollution, social and economic segregation, concentrated poverty, and inner-city decline (1)--problems this Note refers...
Successor Liability, Mass Tort, and Mandatory-Litigation Class Action
I. INTRODUCTION When one corporation purchases another corporation (or substantially all of another corporation's assets), the doctrine of successor liability determines the distribution of tort liability. Current doctrine often protects the...
The Offences Clause after Sosa V. Alvarez-Machain
The Supreme Court's ruling last Term in Sosa v. Alvarez-Machain (1) hardly settled the manifold and perplexing debate about the place of international law in U.S. domestic law. But Sosa at least affirmed that federal courts can recognize individual...
Title VII - Sex Discrimination - Ninth Circuit Holds That Women Can Be Required to Wear Makeup as a Condition of Employment
TITLE VII--SEX DISCRIMINATION--NINTH CIRCUIT HOLDS THAT WOMEN CAN BE REQUIRED TO WEAR MAKEUP AS A CONDITION OF EMPLOYMENT.--Jespersen v. Harrah's Operating Co., 392 F.3d 1076 (9th Cir. 2004). Despite evidence that women have not yet achieved full...
Toward a Greater State Role in Election Administration
Well, everybody knows that election officials never cheat, and after all, nobody can prove they cheat. The only thing that we know is that they're all from the same political party. And nobody would ever think that they would dare violate...