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. 2, December

Article I Tribunals, Article III Courts, and the Judicial Power of the United States
TABLE OF CONTENTS INTRODUCTION I. LEADING ACCOUNTS OF ARTICLE III A. Problems with the Literal Account 1. Legislative Courts 2. Administrative Agencies 3. Executive Branch Administration of Laws B. The Court's Alternatives...
Comparative Law - Genetic Privacy - Icelandic Supreme Court Holds That Inclusion of an Individual's Genetic Information in a National Database Infringes on the Privacy Interests of His Child
COMPARATIVE LAW--GENETIC PRIVACY--ICELANDIC SUPREME COURT HOLDS THAT INCLUSION OF AN INDIVIDUAL'S GENETIC INFORMATION IN A NATIONAL DATABASE INFRINGES ON THE PRIVACY INTERESTS OF HIS CHILD.--Gudmundsdottir v. Iceland, No. 151/2003 (Nov. 27, 2003) (Ice.)....
Constitutional Law - Fourth Amendment - Ninth Circuit Upholds Collection of DNA from Parolees
CONSTITUTIONAL LAW--FOURTH AMENDMENT--NINTH CIRCUIT UPHOLDS COLLECTION OF DNA FROM PAROLEES.--United States v. Kincade, 379 F.3d 813 (9th Cir. 2004) (en banc). The expansion of DNA strands is an elegant process, an unraveling and rewrapping of helixes...
Constitutional Law - Right to Informational Privacy - District Court Grants Preliminary Injunction against Enforcement of State Law Requiring Reporting of All Sexual Activity by Minors
CONSTITUTIONAL LAW--RIGHT TO INFORMATIONAL PRIVACY--DISTRICT COURT GRANTS PRELIMINARY INJUNCTION AGAINST ENFORCEMENT OF STATE LAW REQUIRING REPORT-ING OF ALL SEXUAL ACTIVITY BY MINORS.--Aid for Women v. Foulston, 327 F. Supp. 2d 1273 (D. Kan. 2004)....
Constitutional Law - State Sovereign Immunity - Fifth Circuit Bars Challenge to Statutes' Constitutionality in Interlocutory Appeal Reviewing Denial of State Sovereign Immunity
CONSTITUTIONAL LAW--STATE SOVEREIGN IMMUNITY--FIFTH CIRCUIT BARS CHALLENGE TO STATUTES' CONSTITUTIONALITY IN INTERLOCUTORY APPEAL REVIEWING DENIAL OF STATE SOVEREIGN IMMUNITY.--McCarthy ex rel. Travis v. Hawkins, 381 F.3d 407 (5th Cir. 2004). Ever...
Constitutional Law - Substantive Due Process - Eleventh Circuit Upholds Alabama Statute Banning Sale of Sex Toys
CONSTITUTIONAL LAW--SUBSTANTIVE DUE PROCESS--ELEVENTH CIRCUIT UPHOLDS ALABAMA STATUTE BANNING SALE OF SEX TOYS. --Williams v. Attorney General, 378 F.3d 1232 (11th Cir. 2004). Last year, in Lawrence v. Texas, (1) the Supreme Court declared unconstitutional...
Criminal Law - Exclusionary Rule - Inevitable Discovery Doctrine - Seventh Circuit Holds That the Inevitable Discovery Doctrine Does Not Apply to Evidence Seized in an Impermissible Search of a Third Party
CRIMINAL LAW--EXCLUSIONARY RULE--INEVITABLE DISCOVERY DOCTRINE--SEVENTH CIRCUIT HOLDS THAT THE INEVITABLE DISCOVERY DOCTRINE DOES NOT APPLY TO EVIDENCE SEIZED IN AN IMPERMISSIBLE SEARCH OF A THIRD PARTY.--United States v. Johnson, 380 F.3d 1013 (7th...
Criminal Law - Federal Sentencing Guidelines - Ninth Circuit Holds That Shaming Punishment Does Not Violate the Sentencing Reform Act
CRIMINAL LAW--FEDERAL SENTENCING GUIDELINES--NINTH CIRCUIT HOLDS THAT SHAMING PUNISHMENT DOES NOT VIOLATE THE SENTENCING REFORM ACT.--United States v. Gementera, 379 F.3d 596 (9th Cir. 2004). The popular wisdom among fashionistas that "everything...
Preferences for Processes: The Process/product Distinction and the Regulation of Consumer Choice
TABLE OF CONTENTS INTRODUCTION I. THE PROCESS/PRODUCT DISTINCTION A. International Trade and "Products As Such" 1. Process-Based Trade Measures Under GATT/WTO Jurisprudence 2. The Special Case of Product Labeling B. Genetic...