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. 8, June

Civil Procedure - Class Actions - Seventh Circuit Holds That Denial of Class Certification Cannot Bind Unnamed Class Members
For years, courts and commentators have struggled to resolve the problem of the "anomalous court" in class action law. (1) The problem arises because a decision denying class certification binds only the named plaintiffs and cannot bind the unnamed...
Constitutional Law - Second Amendment - Seventh Circuit Strikes Down Illinois's Ban on Public Carry of Ready-to-Use Firearms
In District of Columbia v. Heller, (1) the Supreme Court decided that "the Second Amendment confer[s] an individual right to keep and bear arms," (2) in particular for the purpose of self-defense inside one's own home. (3) Two years later in McDonald...
Copyright Law - Contributory Infringement - Seventh Circuit Holds That "Social Bookmarking" of Infringing Content Alone Is Insufficient to Support Grant of Preliminary Injunction
Copyright owners, influenced by the proliferation of digital technologies and broadband Internet access, as well as by the impracticality and high cost of litigation, are increasingly forgoing claims against direct infringers to pursue contributory...
Criminal Law - Section 2259 Restitution - Seventh Circuit Addresses Proximate Causation Requirement
Under 18 U.S.C. [section] 2259, federal courts must order defendants convicted of crimes listed under the same chapter to pay restitution for "the full amount of ... losses" caused to victims of their offense conduct. (1) As [section] 2259 restitution...
Dormant Commerce Clause - Extraterritoriality Doctrine - Sixth Circuit Invalidates Michigan Statute Requiring Bottle Manufacturers to Use Unique Mark on All Bottles Sold within Michigan
The Commerce Clause provides Congress with the power "[t]o regulate Commerce with foreign Nations, and among the several States." (1) The federal courts have long interpreted this positive grant of authority to Congress to include a restrictive element...
European Union Law - Right of Free Movement - European Court of Justice Holds That the Slovak Republic Did Not Violate EU Law in Banning the President of Hungary from Entering Its Territory
Scholars and jurists have long debated the interaction between national and international legal systems: some endorse a monist view that international law is directly incorporated into a state's domestic legal order, and others take a dualist approach,...
Juvenile Miranda Waiver and Parental Rights
Critics lament that Miranda waiver doctrine is broken for juveniles. But it is also broken for parents. Juvenile advocates speak of child suspects as independent actors with individual rights. Yet police questioning of minors also threatens the rights...
Proposing a Locally Driven Entrepreneur Visa
I. INTRODUCTION "The history of the United States is in part made of the stories, talents, and lasting contributions of those who crossed oceans and deserts to come here." (1) The economic contributions of the immigrant population are renowned....
Racial Capitalism
B. Race as Marxian Capital "[N]othing can be a value without being an object of utility." (163) In the previous section, I used theories of social capital to explain the way that race acquires value through social interaction. This section builds...
Recasting the U.S. International Trade Commission's Role in the Patent System
The problem of low patent quality has recently plagued the world of high-technology innovation. (1) Low patent quality results when the U.S. Patent and Trademark Office (PTO) issues too many bad patents -- patents that in a perfect system should never...
Shallow Signals
CONTENTS INTRODUCTION 2229 I. LAW'S HIDDEN PERMISSIONS 2237 A. Quiet License 2237 1. Paradox of Monitoring 2238 2. Partial Information ...
Sixth Amendment - Witness Confrontation - Supreme Court of California Admits Blood Alcohol Concentration Test Results over Confrontation Clause Challenge
In the 2004 case of Crawford v. Washington, (1) the Supreme Court dramatically altered its interpretation of the Sixth Amendment's Confrontation Clause, overruling Ohio v. Roberts (2) and barring the admission of "testimonial" out-of-court statements...
The Province of the Jurist: Judicial Resistance to Expert Testimony on Eyewitnesses as Institutional Rivalry
I. INTRODUCTION Expert testimony on eyewitness identifications is one of the most controversial issues in evidentiary procedure today. (1) With false identifications recognized as a leading cause of wrongful convictions in the United States, (2)...