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. 1, November

Dead or Alive: Originalism as Popular Constitutionalism in Heller
We should find the lost Second Amendment, broaden its scope and determine that it affords the right to arm a state militia and also the right of the individual to keep and bear arms. --Robert Sprecher, ABA prize winner, 1965 (1) [T]he Court...
District of Columbia V. Heller: The Individual Right to Bear Arms
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. --The Second Amendment to the United States Constitution Over forty million Americans own a gun....
Foreword: Demosprudence through Dissent
TABLE OF CONTENTS PROLOGUE 7 I. DISSENT AND THE AUDIENCE QUESTION IN HISTORICAL AND CONTEMPORARY CONTEXT 17 A. Norms of...
Heller, HLR, and Holistic Legal Reasoning
Well, the show sure ended with a bang. On the last day of the Term, the Court--for the first time ever, by a single vote, over vigorous dissents, and against the weight of circuit precedent--wielded the Second Amendment to strike down a federal...
Leading Cases
I. CONSTITUTIONAL LAW A. Commerce Clause Dormant Commerce Clause--State Taxation of Municipal Bonds.--Fueled by concerns about economic protectionism, (1) modern dormant commerce clause jurisprudence is based on the presumption that a facially...
Recent Publications
COPYRIGHT'S PARADOX. By Neil Weinstock Netanel. New York, N.Y.: Oxford University Press. 2008. Pp. ix, 274. $34.95. Copyright's simultaneous potential to promote and constrain speech is the tension at the heart of Professor Neil Weinstock Netanel's...
Second Amendment Minimalism: Heller as Griswold
I. INTRODUCTION District of Columbia v. Heller (1) is the most explicitly and self-consciously originalist opinion in the history of the Supreme Court. (2) Well over two hundred years since the Framing, the Court has, for essentially the first...
The Statistics
TABLE I (a) (A) ACTIONS OF INDIVIDUAL JUSTICES OPINIONS WRITTEN (b) Opinions of Court (d) Concurrences (e) Dissents (e) TOTAL Roberts 8 5 4...