Harvard Law Review

ADMINISTRATIVE LAW--CORPORATE GOVERNANCE REGULATION--D.C. CIRCUIT FINDS SEC PROXY ACCESS RULE ARBITRARY AND CAPRICIOUS FOR INADEQUATE ECONOMIC ANALYSIS.--Business Roundtable v. SEC, 647 F.3d 1144 (D.C. Cir. 2011). In the midst of a contested, voluminous...

CRIMINAL LAW--FEDERAL SENTENCING--FIRST CIRCUIT HOLDS THAT REHABILITATION CANNOT JUSTIFY POST-REVOCATION IMPRISONMENT.--United States v. Molignaro, 649 f.3d 1 (1st cir. 2011). Federal sentencing law states that "imprisonment is not an appropriate...

CRIMINAL LAW--SIXTH AMENDMENT--SECOND CIRCUIT AFFIRMS CONVICTION DESPITE CLOSURE TO THE PUBLIC OF A VOIR DIRE. --United States v. Gupta, 650 F.3d 863 (2d Cir. 2011). When deciding whether to tolerate trial court errors that infringe on the constitutional...

FIRST AMENDMENT--STUDENT SPEECH--THIRD CIRCUIT APPLIES TINKER TO OFF-CAMPUS STUDENT SPEECH.--J.S. ex rel. Snyder v. Blue Mountain School District, 650 F.3d 915 (3d Cir. 2011) (en banc). Since at least Tinker v. Des Moines Independent Community School...

INTRODUCTION With regard to the writ of Habeas Corpus, they wished that its privileges should be more accurately defined and more liberally granted, s o that citizens should not be subject to confinement on mere suspicion --John Stetson Barry'...

B. Modern Departures from the Original Understanding Let us begin with the World War II internment of Japanese American citizens. It is important here to put aside issues of race, which have nated the critical discourse surrounding this historic...