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. 125, No. 3, January

Administrative Law - Regulatory Design - Food Safety Modernization Act Implements Private Regulatory Scheme
ADMINISTRATIVE LAW--REGULATORY DESIGN--FOOD SAFETY MODERNIZATION ACT IMPLEMENTS PRIVATE REGULATORY SCHEME.--FDA Food Safety Modernization Act, Pub. L. No. 111-353, 124 Stat. 3885 (2011) (codified in scattered sections of the U.S. Code). Ensuring...
Constitutional Law - Second Amendment - Fifth Circuit Holds That Undocumented Immigrants Do Not Have Second Amendment Rights
CONSTITUTIONAL LAW--SECOND AMENDMENT--FIFTH CIRCUIT HOLDS THAT UNDOCUMENTED IMMIGRANTS DO NOT HAVE SECOND AMENDMENT RIGHTS.--United States v. Portillo-Munoz, 643 F.3d 437 (5th Cir. 2011). In District of Columbia v. Heller,(1) the Supreme Court held...
Constitutional Law - Second Amendment - Fourth Circuit Upholds Federal Firearms Regulation
CONSTITUTIONAL LAW--SECOND AMENDMENT--FOURTH CIRCUIT UPHOLDS FEDERAL FIREARMS REGULATION.--United States v. Masciandaro, 638 F.3d 458 (4th Cir. 2011), cert. denied, No. 10-11212, 2011 WL 2516854 (U.S. Nov. 28, 2011). In 2008, the Supreme Court held...
Constitutional Law - Separation of Powers - Congress Delegates Power to Raise the Debt Ceiling
CONSTITUTIONAL LAW--SEPARATION OF POWERS--CONGRESS DELEGATES POWER TO RAISE THE DEBT CEILING.--Budget Control Act of 2011, Pub. L. No. 112-25, 125 Stat. 240 (to be codified in scattered sections of the U.S. Code). The tense weeks leading up to the...
Consumer Law - Mortgage Foreclosure - Massachusetts Supreme Judicial Court Unanimously Voids Foreclosure Sales Because Securitization Trusts Could Not Demonstrate Clear Chains of Title to Mortgages
CONSUMER LAW--MORTGAGE FORECLOSURE--MASSACHUSETTS SUPREME JUDICIAL COURT UNANIMOUSLY VOIDS FORECLOSURE SALES BECAUSE SECURITIZATION TRUSTS COULD NOT DEMONSTRATE CLEAR CHAINS OF TITLE TO MORTGAGES.--U.S. Bank National Ass'n v. Ibanez, 941 N.E.2d 40...
Environmental Law - Endangered Species Act - District of Oregon Invalidates Biological Opinion for Federally Operated Dams on Columbia River
ENVIRONMENTAL LAW--ENDANGERED SPECIES ACT--DISTRICT OF OREGON INVALIDATES BIOLOGICAL OPINION FOR FEDERALLY OPERATED DAMS ON COLUMBIA RIVER.--National Wildlife Federation v. National Marine Fisheries Service, No. CV 01-00640-RE, 2011 WL 3322793 (D....
First Amendment - Student Speech - Second Circuit Holds That Qualified Immunity Shields School Officials Who Discipline Students for Their Online Speech
FIRST AMENDMENT--STUDENT SPEECH--SECOND CIRCUIT HOLDS THAT QUALIFIED IMMUNITY SHIELDS SCHOOL OFFICIALS WHO DISCIPLINE STUDENTS FOR THEIR ONLINE SPEECH.--Doninger v. Niehoff, 642 F.3d 334 (2d Cir. 2011), cert. denied, No. 11-113, 2011 WL 3204853 (U.S....
Patent Law - Patentable Subject Matter - Federal Circuit Holds That Mental Processes That Do Not, as a Practical Matter, Require a Computer to Be Performed Are Unpatentable
PATENT LAW--PATENTABLE SUBJECT MATTER--FEDERAL CIRCUIT HOLDS THAT MENTAL PROCESSES THAT DO NOT, AS A PRACTICAL MATTER, REQUIRE A COMPUTER TO BE PERFORMED ARE UNPATENTABLE.--CyberSource Corp. v. Retail Decisions, Inc., 654 F.3d 1366 (Fed. Cir. 2011)....
Spare the Mod: In Support of Total-Conversion Modified Video Games
Video games are big business. In terms of revenue, the Mario brothers have far surpassed the Coen brothers. (1) While video game players are often portrayed as passive consumers of content,(2) many players in fact contribute substantially to their...
Worth a Thousand Words: The Images of Copyright
CONTENTS INTRODUCTION 684 I. THE DIFFERENCE THAT IMAGES MAKE 688 A. Nothing to See Here: The Transparency of Images 688 B. Transparency in Law 693 C....