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. 126, No. 3, January

Civil Procedure - Class Actions - Southern District of New York Certifies Class Action against City Police for Suspicionless Stops and Frisks of Blacks and Latinos
CIVIL PROCEDURE--CLASS ACTIONS--SOUTHERN DISTRICT OF NEW YORK CERTIFIES CLASS ACTION AGAINST CITY POLICE FOR SUSPICIONLESS STOPS AND FRISKS OF BLACKS AND LATINOS.--Floyd v. City of New York, 82 Fed. R. Serv. 3d (West) 833 (S.D.N.Y. 2012). For a...
Constitutional Law - First Amendment - Compelled Commercial Speech - D.C. Circuit Holds That FDA Rule Mandating Graphic Warning Images on Cigarette Packaging and Advertisements Violates First Amendment
CONSTITUTIONAL LAW--FIRST AMENDMENT--COMPELLED COMMERCIAL SPEECH--D.C. CIRCUIT HOLDS THAT FDA RULE MANDATING GRAPHIC WARNING IMAGES ON CIGARETTE PACKAGING AND ADVERTISEMENTS VIOLATES FIRST AMENDMENT.--R.J. Reynolds Tobacco Co. v. Food & Drug Administration,...
Constitutional Law - Freedom of Speech - Fourth Circuit Upholds Police Impersonation Statute as Permissible Restriction of False Speech
CONSTITUTIONAL LAW--FREEDOM OF SPEECH--FOURTH CIRCUIT UPHOLDS POLICE IMPERSONATION STATUTE AS PERMISSIBLE RESTRICTION OF FALSE SPEECH.--United States v. Chappell, 691 F.3d 388 (4th Cir. 2012). The U.S. Code and nearly every state analogue contain...
Criminal Law - Federal Habeas Review under AEDPA - Sixth Circuit Interprets "Clearly Established Federal Law" Narrowly
CRIMINAL LAW--FEDERAL HABEAS REVIEW UNDER AEDPA--SIXTH CIRCUIT INTERPRETS "CLEARLY ESTABLISHED FEDERAL LAW" NARROWLY.--Bunch v. Smith, 685 F.3d 546 (6th Cir. 2012). Federal habeas jurisprudence has evolved rapidly since the passage of the Antiterrorism...
Criminal Procedure - Fourth Amendment - Sixth Circuit Holds That "Pinging" a Target's Cell Phone to Obtain GPS Data Is Not a Search Subject to the Warrant Requirement
CRIMINAL PROCEDURE--FOURTH AMENDMENT--SIXTH CIRCUIT HOLDS THAT "PINGING" A TARGET'S CELL PHONE TO OBTAIN GPS DATA IS NOT A SEARCH SUBJECT TO THE WARRANT REQUIREMENT.--United States v. Skinner, 690 F.3d 772 (6th Cir. 2012), reh'g and reh'g en banc denied,...
Is Copyright Reform Possible?
COPYFRAUD AND OTHER ABUSES OF INTELLECTUAL PROPERTY LAW. By Jason Mazzone. Stanford, Cal.: Stanford University Press. 2011. Pp. xiii, 295. $27.95. HOW TO FIX COPYRIGHT. By William Patry. New York, N.Y.: Oxford University Press. 2012. Pp. x, 323....
Patent Law - Patentable Subject Matter - Federal Circuit Holds That Certain Software Method Claims Are Patent Ineligible
PATENT LAW--PATENTABLE SUBJECT MATTER--FEDERAL CIRCUIT HOLDS THAT CERTAIN SOFTWARE METHOD CLAIMS ARE PATENT INELIGIBLE.--Bancorp Services, L.L.C. v. Sun Life Assurance Co. of Canada (U.S.), 687 F.3d 1266 (Fed. Cir. 2012). To encourage innovation,...
Politicians as Fiduciaries
This Part argues that it is appropriate to think of political representatives as standing in a fiduciary capacity to the people they represent, giving rise to a fiduciary duty of loyalty. It goes on to argue that representatives breach that duty when...
Separation of Powers - Appointments Clause - D.C. Circuit Holds Appointment of Copyright Royalty Judges by Librarian of Congress Violates Appointments Clause
SEPARATION OF POWERS--APPOINTMENTS CLAUSE--D.C. CIRCUIT HOLDS APPOINTMENT OF COPYRIGHT ROYALTY JUDGES BY LIBRARIAN OF CONGRESS VIOLATES APPOINTMENTS CLAUSE.--Intercollegiate Broadcasting System, Inc. v. Copyright Royalty Board, 684 F.3d 1332 (D.C....
The SEC Is Not an Independent Agency
During his 2008 presidential campaign, Senator John McCain boldly claimed: "The chairman of the [Securities and Exchange Commission] serves at the appointment of the president. ... If I were president today, I would fire him." (1) The statement soon...
Tort Law - Defamation - New York Appellate Division Holds That the Imputation of Homosexuality Is No Longer Defamation per Se
TORT LAW--DEFAMATION--NEW YORK APPELLATE DIVISION HOLDS THAT THE IMPUTATION OF HOMOSEXUALITY IS NO LONGER DEFAMATION PER SE.--Yonaty v. Mincolla, 945 N.Y.S.2d 774 (App. Div. 2012). Like most American jurisdictions, (1) New York requires plaintiffs...