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. 124, No. 3, January

Constitutional Law - Fourth Amendment - D.C. Circuit Deems Warrantless Use of GPS Device an Unreasonable Search
-- United States v. Maynard, 615 F.3d 544 (D.C. Cir.), reh'g en banc denied, No. 08-3034, 2010 WL 4703743 (D.C. Cir. Nov. 19, 2010), cert. denied, No. 10-7102, 2010 WL 4156203 (U.S. Nov. 29, 2010). The Fourth Amendment has proved a constant source...
Constitutional Law - Separation of Powers - Second Circuit Holds That Law Barring ACORN from Receiving Federal Funding Is Not a Bill of Attainder
--ACORN v. United States, 618 F.3d 125 (2d Cir. 2010). The Bill of Attainder Clause (1) is one of the least successfully litigated provisions of the Constitution. In fact, the Supreme Court has invalidated legislation on this ground only five times...
Constitutional Law - Vagueness - Second Circuit Strikes Down the FCC's Indecency Policy as Void for Vagueness
-- Fox Television Stations, Inc. v. FCC, 613 F.3d 317 (2d Cir. 2010). Courts have struggled with the puzzle of according proper deference to agency interpretations of law that raise serious constitutional questions. (1) Arbitrary enforcement practices...
Copyright - Statutory Damages - Second Circuit Holds That an Album of Music Is a Compilation
-- Bryant v. Media Right Productions, Inc., 603 F.3d 135 (2d Cir.), cert. denied, No. 10-415, 2010 WL 3740393 (U.S. Nov. 29, 2010). The holder of an infringed copyright may pursue a congressionally determined range of statutory damages from the...
First Amendment - Commercial Speech - Fourth Circuit Holds That a Regulation Largely Prohibiting Alcohol Advertisements in College Newspapers Is Constitutional
-- Educational Media Co. at Virginia Tech v. Swecker, 602 F.3d 583 (4th Cir. 2010). Government regulation of the advertisement of "vice" products, such as tobacco and alcohol, is subject to the First Amendment commercial speech doctrine. The Supreme...
Parchment and Politics: The Positive Puzzle of Constitutional Commitment
TABLE OF CONTENTS INTRODUCTION 659 I. MADISONIAN CONSTITUTIONAL DESIGN 665 II. POLITICAL COMMITMENT AND INSTITUTIONAL ENTRENCHMENT 672 A. Commitment: Personal and...
The New Equal Protection
Introduction Our nation is increasingly beset with pluralism anxiety. Commentary from both the right (1) and the left (2) has expressed the fear that we are fracturing into fiefs that do not speak with each other. That fear has a basis in fact,...
Three's a Crowd - Defending the Binary Approach to Government Speech
INTRODUCTION With its 2009 decision in Pleasant Grove City v. Summum, (1) the Supreme Court held that a Ten Commandments monument placed by a city in a public park was government speech, even though the monument had been designed and submitted by...

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