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. 125, No. 4, February

Administrative Law - Corporate Governance Regulation - D.C. Circuit Finds SEC Proxy Access Rule Arbitrary and Capricious for Inadequate Economic Analysis
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...
Constitutional Law - First Amendment - Second Circuit Holds That Student's Removal from Class Is Not First Amendment Retaliation Where Motivation Is Protective
CONSTITUTIONAL LAW--FIRST AMENDMENT--SECOND CIRCUIT HOLDS THAT STUDENT'S REMOVAL FROM CLASS IS NOT FIRST AMENDMENT RETALIATION WHERE MOTIVATION IS PROTECTIVE.--Cox v. Warwick Valley Central School District, 654 F.3d 267 (2d Cir. 2011). The First...
Criminal Law - Federal Sentencing - First Circuit Holds That Rehabilitation Cannot Justify Post-Revocation Imprisonment
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 - Sentencing Guidelines - Seventh Circuit Upholds Rejection of Diminished Capacity as Mitigating Factor
CRIMINAL LAW--SENTENCING GUIDELINES--SEVENTH CIRCUIT UPHOLDS REJECTION OF DIMINISHED CAPACITY AS MITIGATING FACTOR.--United States v. Garthus, 652 F.3d 715 (7th Cir. 2011). In United States v. Booker, (1) the Supreme Court made the Federal Sentencing...
Criminal Law - Sixth Amendment - Second Circuit Affirms Conviction despite Closure to the Public of a Voir Dire
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...
Federal Statutes - Westfall Act - D.C. Circuit Holds That U.S. Officials Are Immune from Alien Tort Statute Claims
FEDERAL STATUTES--WESTFALL ACT--D.C. CIRCUIT HOLDS THAT U.S. OFFICIALS ARE IMMUNE FROM ALIEN TORT STATUTE CLAIMS.--Ali v. Rumsfeld, 649 F.3d 762 (D.C. Cir. 2011). Despite the numerous detainee cases working their way through the federal courts,...
First Amendment - Student Speech - Third Circuit Applies Tinker to Off-Campus Student Speech
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...
International Delegation as Ordinary Delegation
Increasing global trade, decreasing transportation costs, boundary-defying pollutants, and a host of other phenomena have made the world a much more international place. American legal academics have taken note, likening the expansion of global legal...
The Forgotten Core Meaning of the Suspension Clause
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...