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. 122, No. 2, December

Causal Inference in Civil Rights Litigation
TABLE OF CONTENTS I. REGRESSION'S DIFFICULTIES AND THE ABSENCE OF A CAUSAL INFERENCE FRAMEWORK 540 A. What Is Regression? 540 B. Problems...
Criminal Law - Classified Information Procedures Act - Second Circuit Holds That Government May Withhold Classified Information Unless Information Would Be "Relevant and Helpful" to Defense. - United States V. Aref
The Classified Information Procedures Act (1) (CIPA) is designed to allow the government to protect sensitive information from disclosure in a criminal prosecution, without thereby impairing the defense of the accused. (2) As its name implies, CIPA...
Criminal Law - Prosecutorial Disqualification - Rhode Island Supreme Court Holds That Threats by Defendants Cannot Disqualify Prosecutors. - State V. McManus
The prosecutor opened the jury room door to find the deputy stabbed and shot, and the defendant brandishing the deputy's gun. (1) As the prosecutor turned to run, he heard a shot ring out and saw a bullet hole in the wall just two feet away. (2)...
Defending Federalism: Realizing Publius's Vision
I. INTRODUCTION In the Federalist Papers, Publius (2) defends a Constitution focused on creating power--power the national government lacked during the period of the Articles of Confederation, the lack of which had brought the country to "almost...
Election Law - Voting Rights Act - District Court Rejects Challenge to Reauthorized Section Five. - Northwest Austin Municipal Utility District No. One V. Mukasey
In the eleven years since the Supreme Court decided in City of Boerne v. Flores (1) that legislation enacted pursuant to the enforcement clause of the Fourteenth Amendment must be "congruen[t] and proportional[]" to the severity of the constitutional...
First Amendment - California Supreme Court Holds That Free Exercise of Religion Does Not Give Fertility Doctors Right to Deny Treatment to Lesbians. - North Coast Women's Care Medical Group, Inc. V. San Diego County Superior Court
Ever since reproductive technology made childbearing a viable option for those who cannot otherwise conceive, doctors have been limiting access to that technology by deciding who can receive treatment. (1) Women over the age of forty, unmarried...
Judicial Review of Congressional Factfinding
I. INTRODUCTION Although judicial review still has its challengers, (1) their critiques have largely focused on the practice itself. Less prevalent in the literature, although certainly no less of a component of judicial review, is sustained...
Recent Publications
BLACK ROBES, WHITE COATS: THE PUZZLE OF JUDICIAL POLICYMAKING AND SCIENTIFIC EVIDENCE. By Rebecca C. Harris. New Brunswick, N.J.: Rutgers University Press. 2008. Pp. viii, 200. $24.95. In Black Robes, White Coats, Professor Rebecca C. Harris undertakes...
Second Amendment - Western District of Texas Upholds Gun Regulation under Intermediate Scrutiny in Post-Heller Decision. - United States V. Bledsoe
Though the Supreme Court held in District of Columbia v. Heller (1) that the Second Amendment conferred an individual right to keep and bear arms, it left the breadth of that right indefinite. The majority expressly declined to instruct lower courts...
Section 1983-Qualified Immunity - Ninth Circuit Holds That School's Strip Search of a Student Violated the Fourth Amendment under Clearly Established Law. - Redding V. Safford Unified School District No. 1
Qualified immunity allows public officials to carry on their duties without the fear of liability or the burdens of litigation. (1) The Supreme Court's modern qualified immunity test asks whether a constitutional right was "clearly established"...
Treaties as Law of the Land: The Supremacy Clause and the Judicial Enforcement of Treaties
TABLE OF CONTENTS INTRODUCTION 601 I. THE REQUIREMENT OF EQUIVALENT TREATMENT 611 A. The Supremacy Clause and the British Rule 613 ...