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. 2, December

Context-Sensitive Deference to Presidential Signing Statements
Presidential signing statements have made headlines over the past year, beginning when a 1986 statement penned by then-Deputy Assistant Attorney General Samuel A. Alito, Jr. was published and scrutinized during the 2006 Senate hearings on his nomination...
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Creating an American Property Law: Alienability and Its Limits in American History
This article analyzes an issue central to the economic and political development of the early United States: laws protecting real property from the claims of creditors. Traditional English law, protecting inheritance, shielded a debtor's land from...
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Criminal Law - Fourth Amendment - Second Circuit Holds New York City Subway Searches Constitutional under Special Needs Doctrine
CRIMINAL LAW--FOURTH AMENDMENT--SECOND CIRCUIT HOLDS NEW YORK CITY SUBWAY SEARCHES CONSTITUTIONAL UNDER SPECIAL NEEDS DOCTRINE.--MacWade v. Kelly, 460 F.3d 260 (2d Cir. 2006). Just over two decades ago, Justice Brennan lamented of the special needs...
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Eminent Domain - Public Use - Ohio Supreme Court Holds That Economic Development Cannot by Itself Satisfy the Public Use Limitation of the Ohio Constitution
EMINENT DOMAIN--PUBLIC USE--OHIO SUPREME COURT HOLDS THAT ECONOMIC DEVELOPMENT CANNOT BY ITSELF SATISFY THE PUBLIC USE LIMITATION OF THE OHIO CONSTITUTION.--City of Norwood v. Horney, 853 N.E.2d 1115 (Ohio 2006). The proper interpretation of the...
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Federal Preemption - State Attorney General Power - Southern District of New York Rebuffs New York Attorney General's Bid to Regulate National Banks
FEDERAL PREEMPTION--STATE ATTORNEY GENERAL POWER--SOUTHERN DISTRICT OF NEW YORK REBUFFS NEW YORK ATTORNEY GENERAL'S BID TO REGULATE NATIONAL BANKS.--Office of the Comptroller of the Currency v. Spitzer, 396 F. Supp. 2d 383 (S.D.N.Y. 2005). State...
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Guiding Regulatory Reform in Reproduction and Genetics
Only a few decades ago, doctors and scientists began to understand how to manipulate the fundamental elements of human genetics and human reproduction, raising new hopes but also strong concerns. New reproductive techniques such as in vitro fertilization...
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Legal Origins, Politics, and Modern Stock Markets
Legal origin--civil vs. common law--is said in much modern economic work to determine the strength of financial markets and the structure of corporate ownership, even in the world's richer nations. The main means are thought to lie in how investor...
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The Strategic Substitution Effect: Textual Plausibility, Procedural Formality, and Judicial Review of Agency Statutory Interpretations
This Article presents a positive theoretical analysis of the relationship between the textual plausibility of an administrative agency's statutory interpretation and the procedural formality with which the agency promulgates that interpretation. The...
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Title VII - Gender Discrimination - Ninth Circuit Holds That Women Can Be Fired for Refusing to Wear Makeup
TITLE VII--GENDER DISCRIMINATION--NINTH CIRCUIT HOLDS THAT WOMEN CAN BE FIRED FOR REFUSING TO WEAR MAKEUP.--Jespersen v. Harrah's Operating Co., 444 F.3d 1104 (9th Cir. 2006) (en banc). Gender inequality continues to permeate American culture, affecting...
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