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. 5, March

Diagnostic Method Patents and Harms to Follow-On Innovation
In a series of cases over the past decade, the Federal Circuit and Supreme Court have confronted the patent eligibility of broadly claimed diagnostic methods under [section] 101 of the Patent Act. (1) These diagnostic method patents claim processes...
Employment Law - Age Discrimination - Seventh Circuit Holds That the ADEA Does Not Preclude (Section) 1983 Equal Protection Claims
Section 1983, (1) which "authorizes suits to enforce individual rights under federal statutes as well as the Constitution," (2) has long "provide[d] an impartial federal forum for a state's violation of constitutional rights." (3) Workers are protected...
Federal Civil Procedure - Standing - D.C. Circuit Raises Prudential Standing Sua Sponte to Dismiss Regulatory: Challenge on Jurisdictional Grounds
Plaintiffs challenging a regulatory action generally must demonstrate two kinds of standing: constitutional and prudential. Constitutional standing requires that a plaintiff present a case or controversy within the court's Article III jurisdiction,...
First Amendment - Commercial Speech - D.C. Circuit Holds That Rule Prohibiting Airlines from Displaying Taxes "Prominently" Does Not Violate the First Amendment
Government regulation of advertising has recently reemerged as a major constitutional issue. Most prominently, the D.C. Circuit and the Sixth Circuit have disagreed over whether the government can require cigarette manufacturers to display graphic...
First Amendment - Compelled Speech - Eighth Circuit: Applies Planned Parenthood of Southeastern Pennsylvania V. Casey to South Dakota "Suicide Advisory."
In Planned Parenthood of Southeastern Pennsylvania v. Casey, (1) the Supreme Court affirmed the government's power to compel certain speech acts from physicians in the course of ensuring informed patient consent to abortion. The Court recognized that...
Importing a Trade or Business Limitation into (Section) 2036: Toward a Regulatory Solution to FLP-Driven Transfer Tax Avoidance
INTRODUCTION The federal gift and estate taxes serve important policy goals, among them raising revenue, (1) increasing the overall progressivity of federal taxation, (2) and counteracting the increasing concentration of wealth in the hands of the...
Multistage Adjudication
B. Nature of Facts Facts are central to legal decisions not only in final adjudication but also, at least under current doctrine in U.S. civil litigation, at preliminary stages. Both Twombly and Iqbal focus intensively on the adequacy of the facts...
Securities Regulation - Securities Exchange Act - Second Circuit Holds That Transactions in Unlisted Securities Are Domestic If Irrevocable Liability Is Incurred or If Title Passes within the United States
When confronting securities transactions that involve multiple jurisdictions, U.S. courts have struggled to delimit the extraterritorial reach of U.S. securities law. Whereas a narrow application of U.S. securities law to global securities transactions...
Statutory Interpretation - Computer Fraud and Abuse Act - Ninth Circuit Holds That Employees' Unauthorized Use of Accessible Information Did Not Violate the CFAA
In 1986, Congress passed the Computer Fraud and Abuse Act (1) (CFAA) to address the growing problem of intentional trespass into others' computer files, (2) known as "hacking." One of the CFAA's provisions, [section] 1030(a)(4), targets individuals...
The Benefits of Unequal Protection
Beginning with Massachusetts in 2004, a number of states have legalized same-sex marriage. (1) At the same time, the federal government does not recognize same-sex marriages. (2) As a result, in states allowing them to marry, same-sex couples may be...
Three Formulations of the Nexus Requirement in Reasonable Accommodations Law
The concept of reasonable accommodation is fundamental to the American disability law regime, yet it has proved as slippery as the concept of disability itself. (1) Underlying much of the difficulty is disagreement over the appropriate relationship...