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. 121, No. 6, April

Constitutional Law - Substantive Due Process - En Banc D.C. Circuit Rejects Fundamental Right to Experimental Medications. - Abigail Alliance for Better Access to Developmental Drugs V. Von Eschenbach
In deciding substantive due process cases, courts often rest legal analysis on scientific assertions by the parties. When those scientific assertions are made by agencies, courts may use the doctrines of administrative law in their assessments. Recently,...
Counterinsurgency and Constitutional Design
I. INTRODUCTION Few think of counterinsurgency as linked to constitutional design. (1) Counterinsurgency is bottom-up; constitutional design is top-down. Counterinsurgency is military; constitutional design is political-legal. Counterinsurgency...
Criminal Law - Fourth Amendment - Ninth Circuit Considers Community's Racial Tension with Police in Finding Illegal Seizure and Lack of Voluntary Consent. - United States V. Washington
The traditional story of Fourth Amendment search and seizure doctrine involves a complex compromise between public safety and the constitutional right to personal liberty. (1) Although the choice of viewpoint is often left out of the story, much also...
Criminal Law - Right to Testify - Seventh Circuit Holds That Defendant's Waiver of the Right to Testify Was Valid despite District Court's Failure to Engage in an On-the-Record Colloquy regarding the Decision. - United States V. Stark
It has been over two decades since the Supreme Court declared that "[t]here is no justification today for a rule that denies an accused the opportunity to offer his own testimony." (1) Despite years of bearing the responsibility for carrying out...
Federal Statutes - Racketeer Influenced and Corrupt Organizations Act - En Banc Ninth Circuit Holds That RICO Enterprise Need Not Have Any Particular Organizational Structure. - Odom V. Microsoft Corp
Courts have grappled with the complexity of the Racketeer Influenced and Corrupt Organizations Act (1) (RICO) since its passage in 1970. The development of the statute has been characterized as a "tug of war" between the Supreme Court and lower...
Foreign Relations Law - Treaty Remedies - Ninth Circuit Holds That S. 1983 Does Not Provide a Right of Action for Violations of the Vienna Convention on Consular Relations
Since World War II, treaties have proliferated to address almost every matter of international concern. (1) However, despite judicial precedent on treaty enforcement extending back to the earliest days of the Republic, (2) the ability of individuals...
Land Assembly Districts
TABLE OF CONTENTS I. INTRODUCTION 1467 II. THE LANDSCAPE BEFORE LADS 1472 A. The Defects of Private Land Assembly 1472 B. The Defects of Eminent Domain 1474 1. Undercompensation 1475 2. Is Undercompensation...
Leegin's Unexplored "Change in Circumstance": The Internet and Resale Price Maintenance
For almost a century, agreements between retailers and suppliers fixing a minimum resale price, also known as minimum resale price maintenance (RPM) or vertical minimum price fixing agreements, (1) were considered per se violations of the Sherman...
Mechanisms of Secrecy
To what extent should the government keep secrets from the people? Government often needs to operate in secret in order to shape and execute socially desirable policies, and excessive transparency requirements can have an ossifying effect that prevents...
Regulating Eugenics
Commentators have recognized that the constitutional law pertaining to modern reproductive techniques is underdeveloped and undertheorized. (1) In many instances, the law lags well behind technological realities and possibilities. (2) Although we...
The End of the Globalization Debate: A Review Essay
CAPITAL RULES: THE CONSTRUCTION OF GLOBAL FINANCE. By Rawi Abdelal. Cambridge, Mass.: Harvard Univ. Press. 2007. Pp. xi, 304. $49.95. IN DEFENSE OF GLOBALIZATION. By Jagdish Bhagwati. New York: Oxford Univ. Press. With new afterword, 2007. Pp....
Tort Law - Professional Rescue Doctrine - Washington Supreme Court Declines to Apply Professional Rescue Doctrine in Suit by Policeman against Fellow Officer. - Beaupre V. Pierce County
The fireman's rule, or professional rescue doctrine, (1) has been a well-recognized part of the common law for over one hundred years. (2) This rule precludes a professional rescuer from recovering for injuries "inherently within the ambit of those...