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. 7, May

Agency Self-Insulation under Presidential Review
This concept of poorly translated CBA as a self-insulation mechanism builds upon the work of others that have considered CBA as a strategic means of acquiring information about a project's net value, (219) but now broadens the institutional lens to...
Death Penalty - Right to Counse - Ninth Circuit Affirms That Courts Must Consider Aggravating Impact of Evidence When Evaluating Claims of Ineffective Assistance of Counsel
One of the Constitution's many mechanisms for protecting individual liberty is the Sixth Amendment's guarantee of "the Assistance of Counsel" for those individuals accused of crimes. (1) This guarantee requires more than just any counsel: defendants...
Enabling Television Competition in a Converged Market
I. INTRODUCTION In the 1950s, broadcast television overtook radio as the dominant mass medium in our culture and economy. (1) In the 1970s, cable technologies emerged as a new method of television programming delivery, (2) and over time--and after...
Federal Habeas Corpus - Custody Requirement - Fourth Circuit Denies Forum to Sex Offender with Actual Innocence Claim
Under 28 U.S.C. [section] 2254(a), habeas corpus petitioners challenging their state law convictions must be "in custody" for federal courts to have jurisdiction over their petitions. (1) Recently, in Wilson v. Flaherty, (2) the Fourth Circuit held...
First Amendment - Deceptive Expression - Fourth Circuit Holds That Statutes Prohibiting the Unauthorized Wearing of a Military Uniform or Military Medals Do Not Violate the First Amendment
While the First Amendment guarantees freedom of speech, certain categories of expression have long been deemed outside the scope of the Amendment. (1) Various types of fraudulent speech--including perjury, impersonation of a government officer, and...
First Amendment - Ministerial Exception - Ninth Circuit Avoids Constitutional Question, Holding That Ministers Did Not State a Claim That Church of Scientology Violated Trafficking Victims Protection Act
Last Term, in Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC, (1) the Supreme Court approved the so-called "ministerial exception." (2) This doctrine, rooted in the First Amendment's Religion Clauses, bars the application of certain...
First Amendment - Public Employment - Eleventh Circuit Holds That a Public Employee Whose Statutory Duties Are Identical to Her Superior's May Be Terminated for Political Candidacy in Opposition to Her Eventual Superior
Employees generally do not enjoy constitutional protection against private employers' infringements of employees' freedom of speech or political association, but they are protected against infringements of those rights by public employers. (1) In Elrod...
Introduction
INTRODUCTION During the past decade, the problems involving information privacy--the ascendance of Big Data and fusion centers, the tsunami of data security breaches, the rise of Web 2.0, the growth of behavioral marketing, and the proliferation...
The Dangers of Surveillance
From the Fourth Amendment to George Orwell's Nineteen Eighty-Four, and from the Electronic Communications Privacy Act to films like Minority Report and The Lives of Others, our law and culture are full of warnings about state scrutiny of our lives....
The EU-U.S. Privacy Collision: A Turn to Institutions and Procedures
I. INTRODUCTION Internet scholarship in the United States generally concentrates on how decisions made in this country about copyright law, network neutrality, and other policy areas shape cyberspace. (1) In one important aspect of the evolving...
The Office of Information and Regulatory Affairs: Myths and Realities
Since its creation in 1980, the Office of Information and Regulatory Affairs (OIRA), a part of the Office of Management and Budget, has become a well-established institution within the Executive Office of the President. This Commentary, based on public...
Toward a Positive Theory of Privacy Law
Privacy protections create winners and losers. So does the absence of privacy protections. The distributive implications of governmental decisions regarding privacy are often very significant, but they can be subtle too. Policy and academic debates...
What Privacy Is For
I. HOW PRIVACY GOT A BAD NAME FOR ITSELF Privacy has an image problem. Over and over again, regardless of the forum in which it is debated, it is cast as old-fashioned at best and downright harmful at worst--antiprogressive, overly costly, and inimical...