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. 123, No. 7, May

Bundling and Entrenchment
I. INTRODUCTION A widely shared premise in the literature on corporate law and corporate governance is that charter provisions are those viewed by shareholders as efficient. The basis for this view is the assumption that these provisions receive...
Constitutional Law - Bivens Actions - Second Circuit Holds That Alleged Victim of Extraordinary Rendition Did Not State a Bivens Claim
Decided in 1971, Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics (1) held that a cause of action arising directly under the United States Constitution was available against federal officers in their individual capacities for a victim...
Constitutional Law - Freedom of Speech - Third Circuit Strikes Down Prophylactic Regulations Governing Speech Surrounding Health Care Facilities Providing Abortions
Courts must make difficult choices when significant government interests conflict with free speech rights. One aspect of this debate concerns regulations restricting expression outside of abortion-providing facilities. The Supreme Court has upheld...
Dignity and Defamation: The Visibility of Hate
INTRODUCTION About two years ago, I published a short piece in the New York Review of Books, reviewing a book by Anthony Lewis called Freedom for the Thought that We Hate. (1) In it, I expressed some misgivings about the arguments commonly used...
Employment Discrimination - Congress Considers Bill to Prohibit Employment Discrimination on the Basis of Sexual Orientation and Gender Identity
Section 5 of the Fourteenth Amendment (1) empowers Congress to enact legislation that "deters or remedies constitutional violations." (2) Recently, Congress has begun to consider exercising its section 5 power to pass a piece of antidiscrimination...
Overbreadth and Listeners' Rights
I. INTRODUCTION According to the conventional understanding of standing doctrine, an individual cannot raise legal challenges unless she can show an injury to a legally protected interest. (1) The doctrinal origins of this so-called injury-in-fact...
Sixth Amendment - Ineffective Assistance of Counsel - Tenth Circuit Holds That a Defendant Is Prejudiced When His Lawyer's Deficient Performance Leads Him to Forego a Plea Bargain and Face a Fair Trial
At the heart of America's conception of its criminal justice system sits the right to a fair trial. Part of this right is a right to effective assistance of counsel. (1) But the overwhelming majority of defendants never see trial; guilty pleas structure...
The Ineligibility Clause's Lost History: Presidential Patronage and Congress, 1787-1850
Few current constitutional provisions are considered less relevant than the Ineligibility Clause, (1) which renders a member of Congress (MC) ineligible for appointment to any federal civil office that has been created or had its emoluments increased...
The Pakistani Lawyers' Movement and the Popular Currency of Judicial Power
"I support the lawyers," said the Pakistani farmer on the train from Lahore, "because if Musharraf can do whatever he wants to this man, the Chief Justice of Pakistan, then none of us is safe." (1) It was the summer of 2008, and for several months...
Tort Law - Proof of Harm in Tobacco Cases - Supreme Judicial Court of Massachusetts Recognizes Cause of Action for Medical Monitoring of Tobacco Users
One of the basic tenets of American law is that, in order to recover in tort, a plaintiff must have suffered an injury. (1) While this principle for identifying cognizable claims remains, in recent years tort law has evolved in response to a world...

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