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. 8, June

Actualizing the Trope of Internationalism in Class Action Theory
Recent developments in Congress and the courts have drawn renewed attention to two phenomena that legal scholars and practitioners have grappled with extensively over the past two decades: the demand for class action lawsuits (1) and the desire of...
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Administrative Law Goes to War
Consider the following cases: (1) The President initiates military action against Iraq in 2003, contending that the best evidence suggests that Saddam Hussein "aided the terrorist attacks that occurred on September 11, 2001." (2) The President initiates...
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Assessing the Viability of a Substantive Due Process Right to in Vitro Fertilization
On July 25, 1978, Louise Brown was born under what were then viewed as extraordinary circumstances: as the world's first "test-tube baby," she was the first child whose conception occurred in a laboratory dish rather than within her mother's womb....
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Constitutional Law - Fourth Amendment - Ninth Circuit Holds That Destructive Search of Spare Tire at Border Is Constitutional
CONSTITUTIONAL LAW--FOURTH AMENDMENT--NINTH CIRCUIT HOLDS THAT DESTRUCTIVE SEARCH OF SPARE TIRE AT BORDER IS CONSTITUTIONAL.--United States v. Cortez-Rocha, 394 F.3d 1115 (9th Cir. 2005). In recent years, border search jurisprudence has diverged...
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Controlling Executive Power in the War on Terrorism
Imagine this scenario: after a series of bombings in New York, the President directs U.S. armed forces to round up Arab American males over the age of fifteen in the New York metropolitan area and confine them in a sports stadium; those who military...
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Criminal Law - Double Jeopardy - First Circuit Upholds Reprosecution of Defendant Acquitted in "Sham" Trial
CRIMINAL LAW--DOUBLE JEOPARDY--FIRST CIRCUIT UPHOLDS REPROSECUTION OF DEFENDANT ACQUITTED IN "SHAM" TRIAL.--Gonzalez v. Justices of the Municipal Court of Boston, 382 F.3d 1 (1st Cir. 2004), vacated mem., 125 S. Ct. 1640 (2005). The thin line that...
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Delaware's Politics
TABLE OF CONTENTS INTRODUCTION I. THE RACE A. States Fight for Chartering Revenues B. The Federal Trump C. Delaware as a Quasi-Federal Agency II. MAKING AMERICAN CORPORATE LAW: DIFFERING IDEAS, DIFFERING INTERESTS A. In Delaware B. In...
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First Amendment - Unconstitutional Conditions - Third Circuit Holds the Solomon Amendment Unconstitutional
FIRST AMENDMENT--UNCONSTITUTIONAL CONDITIONS--THIRD CIRCUIT HOLDS THE SOLOMON AMENDMENT UNCONSTITUTIONAL. --Forum for Academic & Institutional Rights (FAIR) v. Rumsfeld, 390 F.3d 219 (3d Cir. 2004), cert. granted, 73 U.S.L.W. 3648 (U.S. May 2, 2005)...
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International Law, U.S. War Powers, and the Global War on Terrorism
In Congressional Authorization and the War on Terrorism, (1) Professors Curtis Bradley and Jack Goldsmith provide a useful framework for interpreting the contours of the 2001 Authorization for Use of Military Force (2) (AUMF). Written with the rigor...
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Judicial Approaches to Direct Democracy
Americans have turned more and more in recent years to direct democracy to facilitate popular participation in the lawmaking process. (1) In the November 2004 election alone, statewide ballots featured 163 proposals pertaining to myriad subjects,...
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Leaving Religious Students Speechless: Public University Antidiscrimination Policies and Religious Student Organizations
In September 2003, the University of North Carolina at Chapel Hill (UNC-CH) withdrew official recognition of the Alpha Iota Omega Christian fraternity (AIO). (1) The religious student group had refused to sign the University's mandatory antidiscrimination...
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Making Sense of Hybrid Speech: A New Model for Commercial Speech and Expressive Conduct
Under First Amendment doctrine, many types of speech receive the most stringent level of constitutional protection, whereas other types receive no protection at all. For example, some categories of speech, such as political speech, are viewed as being...
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Regulating Preimplantation Genetic Diagnosis: The Pathologization Problem
For decades--and especially since the successful cloning of Dolly the sheep in 1997 (1)--the potential application of new genetic technologies has inspired excitement, awe, and fear. (2) One such technology is already in use worldwide: preimplantation...
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Rethinking Fiscal Federalism
TABLE OF CONTENTS INTRODUCTION I. THE INABILITY OF STANDARD THEORIES OF FEDERALISM TO EXPLAIN FEDERAL-STATE FISCAL RELATIONSHIPS A. Theoretical Differences Between Regulatory and Fiscal Federalism 1. Dual Sovereignty Theories ...
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The Case for Federal Threats in Corporate Governance
Corporate law scholars have long debated whether competition among states to attract corporate charters makes for a race to the top or a race to the bottom. (1) Scholars' positions on the issue have traditionally informed their stances on the desirability...
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The War on Terrorism: International Law, Clear Statement Requirements, and Constitutional Design
In Congressional Authorization and the War on Terrorism, (1) we presented a framework for interpreting Congress's September 18, 2001 Authorization for Use of Military Force (2) (AUMF), the central statutory enactment related to the war on terrorism....
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Unfixing Lawrence
--L'armoire etait sans clefs! ... Sans clefs la grande armoire On regardait souvent sa porte brune et noire Sans clefs! ... C'etait etrange!--On revait bien des fois Aux mysteres dormant entre ses flancs de bois Et l'on croyait ouir,...
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