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. 6, April

Administrative Law - Judicial Review of Treasury Regulations - Federal Circuit Invalidates a Treasury Regulation under State Farm for Lack of Contemporaneous Statement of Justification
For years, generally applicable administrative law was not applied to taxation under the doctrine of tax exceptionalism. (1) Essentially, while cases like Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. (2) and Motor Vehicle Manufacturers...
Civil Procedure - Personal Jurisdiction - D.C. Circuit Dismisses Suit against National Port Authority of Liberia for Lack of Personal Jurisdiction
The rise of the Internet and the rapid pace of globalization have spurred a "proliferation of transnational litigation." (1) Foreign litigants have flocked to the United States, (2) raising questions about the authority of federal courts to assert...
Employment Law - Title VII - EEOC Affirms Protections for Transgender Employees
Charged with enforcing federal employment discrimination statutes, the Equal Employment Opportunity Commission (EEOC or Commission) has been instrumental in protecting individual rights since its inception in 1965. (1) Although the EEOC's decisions...
Employment Law - Title VII - Fifth Circuit Holds Evidence of Sex Stereotyping Insufficient in Same-Sex Harassment Action
Title VII of the Civil Rights Act of 1964 (1) prohibits employers from discriminating against an employee "because of such individual's ... sex." (2) The Supreme Court has held that this prohibition extends to instances of workplace sexual harassment...
Environmental Law - Clean Air Act - D.C. Circuit Rejects EPA'S Attempt to Quantify and Implement Interstate Air Pollution Reductions
The Clean Air Act (1) (CAA) embodies "cooperative federalism," (2) an arrangement in which the federal government sets national air quality standards while the states enforce those standards. (3) But the allocation of state and federal responsibilities...
Ex Post Facto Clause - Guantanamo Prosecutions - D.C. Circuit Interprets Military Commissions Act of 2006 to Bar Retroactive Application of Material Support Prohibition
Since September 2001, the U.S. government has struggled to deal with captured individuals suspected of involvement in terrorism. The Bush Administration's approach--to hold detainees as unlawful combatants at Guantanamo Bay, Cuba, and prosecute limited...
First Amendment - Campaign Finance Contributions - Fourth Circuit Holds That Ban on Corporate Direct Contributions Does Not Violate First Amendment
The Supreme Court's decision in Citizens United v. FEC, (1) ruling that the First Amendment prohibits restricting corporations' independent political expenditures, (2) has deeply shaken the campaign finance landscape. Among the regulations potentially...
First Amendment - Campaign Finance Disclosure - Eighth Circuit Grants Injunction against Minnesota Reporting Requirement for Independent Corporate Political Expenditures
The Supreme Court reviews the constitutionality of campaign finance disclosure requirements under the intermediate standard known as exacting scrutiny, which requires "a 'substantial relation' between the disclosure requirement and a 'sufficiently...
Immigration Rights and Immigration Enforcement
Contemporary American immigration law is at war with itself. It imposes hard-line restrictions and punishments upon many immigrants and their families yet, at the behest of some policymakers, embraces humanitarian goals in rhetoric and, at times, even...
Immigration Rights and Immigration Enforcement
The federal Defense of Marriage Act (1) (DOMA), which defines marriage as the union of a man and a woman, is currently under attack in the Supreme Court. (2) While the main focus is federal discrimination against U.S. citizens in same-sex marriages,...
Immigration Rights and Immigration Enforcement
Employment is at the heart of the controversy surrounding illegal immigration. Employment is both the cause of the vast majority of illegal immigration -- "magnet" is the inevitable metaphor (1) -- and, in the view of those who contend that unauthorized...
Immigration Rights and Immigration Enforcement
In July 2011, a New York City immigration court judge entered a notable order: she suppressed evidence that an alien had entered the United States illegally. (1) A review of the circumstances precipitating the alien's arrest, however, would make the...
Immigration Rights and Immigration Enforcement
A. Introduction There are few, if any, civil contexts in which the presence of competent counsel is as critical as it is in removal proceedings. (1) The stakes are enormous; the field of law, exceedingly complex; and the barriers--such as noncitizens'...
Sixth Amendment - Witness Confrontation - Fourth Circuit Holds That Co-Conspirator Misconduct Can Forfeit Defendant's Confrontation Right and Hearsay Objection
The forfeiture-by-wrongdoing doctrine, adopted as an exception to the Sixth Amendment's Confrontation Clause and the rule against hearsay, dates back to 1666, when the House of Lords declared that if a witness was kept away "by the means or procurement...
The Problem of Resource Access
This point becomes clear when we recognize that private owners may choose to leave goods in the commons. Demsetz gives the example of a parking lot adjacent to a shopping area. (124) It would be possible to propertize the parking spots and charge a...