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. 124, No. 4, February

Administrative Law - Chevron Deference - Federal Tax Court Holds Pre-Chevron Judicial Construction of Statute Precludes Subsequent Agency Interpretation If Prior Construction Was Premised on Legislative History
ADMINISTRATIVE LAW--CHEVRON DEFERENCE--FEDERAL TAX COURT HOLDS PRE-CHEVRON JUDICIAL CONSTRUCTION OF STATUTE PRECLUDES SUBSEQUENT AGENCY INTERPRETATION IF PRIOR CONSTRUCTION WAS PREMISED ON LEGISLATIVE HISTORY.--Intermountain Insurance Service of Vail,...
Arbitration and Consumer Protection - Credit Repair Organizations Act - Ninth Circuit Holds That Statutory Ban on Arbitration Is Nonwaivable
ARBITRATION AND CONSUMER PROTECTION--CREDIT REPAIR ORGANIZATIONS ACT--NINTH CIRCUIT HOLDS THAT STATUTORY BAN ON ARBITRATION IS NONWAIVABLE.--Greenwood v. CompuCredit Corp., 615 F.3d 1204 (9th Cir. 2010) Congress passed the Credit Repair Organizations...
Constitutional Law - First Amendment - Seventh Circuit Upholds Endorsement and Personal Solicitation Clauses of Wisconsin Code of Judicial Conduct
CONSTITUTIONAL LAW--FIRST AMENDMENT--SEVENTH CIRCUIT UPHOLDS ENDORSEMENT AND PERSONAL SOLICITATION CLAUSES OF WISCONSIN CODE OF JUDICIAL CONDUCT.--Siefert v. Alexander, 608 F.3d 974 (7th Cir. 2010). Nine years ago, in Republican Party of Minnesota...
Constitutional Law- Second Amendment - En Banc Seventh Circuit Holds Prohibition on Firearm Possession by Domestic Violence Misdemeanants to Be Constitutional
CONSTITUTIONAL LAW--SECOND AMENDMENT--EN BANC SEVENTH CIRCUIT HOLDS PROHIBITION ON FIREARM POSSESSION BY DOMESTIC VIOLENCE MISDEMEANANTS TO BE CONSTITUTIONAL.--United States v. Skoien, 614 F.3d 638 (7th Cir. 2010) (en banc). The Supreme Court's...
Criminal Law - Sentencing Guidelines - Second Circuit Holds Within-Guidelines Child Pornography Sentence Procedurally and Substantively Unreasonable
CRIMINAL LAW--SENTENCING GUIDELINES--SECOND CIRCUIT HOLDS WITHIN-GUIDELINES CHILD PORNOGRAPHY SENTENCE PROCEDURALLY AND SUBSTANTIVELY UNREASONABLE.--United States v. Dorvee, 616 F.3d 174 (2d Cir. 2010). The child pornography sentencing guideline--section...
How Chevron Step One Limits Permissible Agency Interpretations: Brand X and the FCC'S Broadband Reclassification
I. INTRODUCTION How are Chevron step one and step two related? Intuitively, the range of a statute's judicially described ambiguity at step one should limit the interpretations available to an agency at step two to some extent; (1) ambiguity alone...
International Law - Unilateral Secession - International Court of Justice Concludes That Kosovo's Unilateral Declaration of Independence Did Not Violate International Law
INTERNATIONAL LAW--UNILATERAL SECESSION--INTERNATIONAL COURT OF JUSTICE CONCLUDES THAT KOSOVO'S UNI-LATERAL DECLARATION OF INDEPENDENCE DID NOT VIOLATE INTERNATIONAL LAW.--Accordance with International Law of Unilateral Declaration of Independence...
OIRA Avoidance
The Office of Information and Regulatory Affairs (OIRA) is the most powerful federal agency that most people have never heard of. (1) Created by the Paperwork Reduction Act of 1980, (2) OIRA is tasked under Executive Order (E.O.) 12,866 (3) with coordinating...
The State's Vicarious Liability for the Actions of the City
In December 1998, seven welfare applicants brought a [section] 1983 (1) class action suit against both the City and State of New York. (2) They alleged that New York City had illegally deterred its residents from seeking public benefits to which they...
The Structural Safeguards of Federal Jurisdiction
ARTICLE THE STRUCTURAL SAFEGUARDS OF FEDERAL JURISDICTION TABLE OF CONTENTS I. INTRODUCTION 870 II. THE THEORY 874 A. The Search for a...