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. 7, May

A Federal Administrative Approach to Redistricting Reform
I. INTRODUCTION Partisan gerrymandering is a tradition as old as redistricting itself. For more than two hundred years, the task of drawing congressional district boundaries has fallen to state legislatures, which until half a century ago exercised...
Constitutional Law - Commerce Clause - First Circuit Upholds Application of RICO to Criminal Gang Not Engaged in Economic Activity. - United States V. Nascimento
Beginning with United States v. Lopez, (1) the Rehnquist Court's "new federalism" (2) put modest limits on the reach of federal criminal law under the Commerce Clause. (3) The Court's decisions nevertheless left untouched one key element of the...
Copyright Law - Constitutional Constraints - Tenth Circuit Subjects Copyright Statute to First Amendment Scrutiny. - Golan V. Gonzales
Despite the tendency of copyright laws to burden speech, (1) courts have long denied that any conflict exists between the Copyright Clause (2) and the First Amendment. (3) The Supreme Court has explained that because these provisions were "adopted...
Criminal Law - Fourth Amendment - Ninth Circuit Upholds Car Seizure through Staged Accident and Theft. - United States V. Alverez-Tejeda
Constitutional and statutory law have riddled the Fourth Amendment's search and seizure protections with significant exceptions. Last June, in United States v. Alverez-Tejeda, (1) the Ninth Circuit held that an elaborate ruse to seize a car transporting...
Evidence - Confrontation Clause - Fourth Circuit Holds That "Machine-Generated" Analysis Is Not Testimonial Evidence. - United States V. Washington
In Crawford v. Washington, (1) the Supreme Court held that the admission of "testimonial" hearsay (2) violates the Sixth Amendment's Confrontation Clause (3) unless the witness is unavailable and the defendant has had a "prior opportunity" to cross-examine...
Federal Statutes - Alien Tort Statute - Second Circuit Holds That Human Rights Plaintiffs May Plead Aiding and Abetting Theory of Liability. - Khulumani V. Barclay National Bank Ltd
Some of the most interesting and unsettled questions in human rights litigation after Sosa v. Alvarez-Machain (1) concern the status of secondary liability theories, prominently including aiding and abetting. Although several courts have held that...
Harmonizing Copyright's Internationalization with Domestic Constitutional Constraints
A quick glance through recent copyright legislation suggests that we are in the midst of a "second enclosure movement," this time fencing off the "intangible commons of the mind" instead of the physical commons of the land. (1) In 1992 the Copyright...
Never Again Should a People Starve in a World of Plenty
Harvard University is the richest university on the planet, with an endowment of over $34.9 billion and a campus of almost 5000 acres throughout Cambridge, Massachusetts, and surrounding areas. (1) Amidst the oldest college campus in America sits...
The Core of an Uneasy Case for Judicial Review
TABLE OF CONTENTS I. WALDRON'S ARGUMENT THAT OUTCOME-RELATED REASONS ARE INADEQUATE TO SUPPORT JUDICIAL REVIEW 1701 A. Waldron's Assumptions 1701 B. Which Assumptions Do What Work? 1701 II. PREFERRED RIGHTS AND OUTCOME-RELATED REASONS...
The Extraterritorial Constitution and the Interpretive Relevance of International Law
For over a century, courts have wrestled with the question of whether, and to what extent, the Constitution applies outside of the United States. While this question first surged to prominence when the enterprise of American expansionism went to...
The Incentive Gap: Reassessing U.S. Policies to Secure Nuclear Arsenals Worldwide
Nuclear terrorism is one of the gravest security threats facing our nation. The detonation of a single, rudimentary nuclear bomb in Times Square would kill nearly half a million people instantly, destroy the heart of New York City, cripple our economy,...
The Ministerial Exception to Title VII: The Case for a Deferential Primary Duties Test
Venerable legal traditions protect both religious freedom and civil rights, but the two conflict when religious organizations discriminate on the basis of sex, race, or other statutorily prohibited criteria in the selection of their spiritual leaders....
Toward a Twenty-First-Century Jacobson V. Massachusetts
Biomedical advances are pushing the foundational public health law case Jacobson v. Massachusetts (1) towards obsolescence. The 1905 Supreme Court decision established the constitutionality of state compulsory vaccination laws when they are "necessary...
Vote Fraud in the Eye of the Beholder: The Role of Public Opinion in the Challenge to Voter Identification Requirements
I. THE FAMILIAR PLACE OF PERCEPTIONS IN THE DEBATE OVER ELECTION FRAUD 1740 II. SURVEY METHODOLOGY 1742 III. BELIEFS IN THE FREQUENCY...