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. 119, No. 8, June

Administrative Law - Powers of Agencies - D.C. Circuit Shields Environmental Protection Agency from Making Controversial Determination of Climate Endangerment
ADMINISTRATIVE LAW--POWERS OF AGENCIES--D.C. CIRCUIT SHIELDS ENVIRONMENTAL PROTECTION AGENCY FROM MAKING CONTROVERSIAL DETERMINATION OF CLIMATE ENDANGERMENT.--Massachusetts v. EPA, 415 F.3d 50 (D.C. Cir.), reh'g en banc denied, 433 F.3d 66 (D.C. Cir....
After Ayotte: The Need to Defend Abortion Rights with Renewed "Purpose"
Recent Supreme Court confirmation hearings have resoundingly confirmed abortion rights' continued status as the constitutional controversy that most impassions the public. Given the degree of the courts' current entanglement in abortion policy, (1)...
Comparative Domestic Constitutionalism: Rethinking Criminal Procedure Using the Administrative Constitution
I. INTRODUCTION: THE LAY OF THE LANDS The Administrative Procedure Act (1) (APA) is as much a constitution as a statute. (2) As with all constitutions, the nature of the APA goes far in determining the topography of the procedural landscape that...
Constitutional Law - Foreign Commerce Clause - Ninth Circuit Holds That Congress Can Regulate Sex Crimes Committed by U.S. Citizens Abroad
CONSTITUTIONAL LAW--FOREIGN COMMERCE CLAUSE--NINTH CIRCUIT HOLDS THAT CONGRESS CAN REGULATE SEX CRIMES COMMITTED BY U.S. CITIZENS ABROAD.--United States v. Clark, 435 F.3d 1100 (9th Cir. 2006). Few constitutional grants of power have undergone less...
Constitutional Law - Separation of Powers - Fourth Circuit Holds That Congress Authorized the President to Detain American Citizens Captured on U.S. Soil as Enemy Combatants
CONSTITUTIONAL LAW--SEPARATION OF POWERS--FOURTH CIRCUIT HOLDS THAT CONGRESS AUTHORIZED THE PRESIDENT TO DETAIN AMERICAN CITIZENS CAPTURED ON U.S. SOIL AS ENEMY COMBATANTS.--Padilla v. Hanft, 423 F.3d 386 (4th Cir. 2005), cert. denied, 126 S. Ct. 1649...
Cooking Up Solutions to a Cooked Up Menace: Responses to Methamphetamine in a Federal System
It is one of the happy incidents of the federal system that a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country. --Justice Brandeis (1)...
Immigration Law - Administrative Adjudication - Third and Seventh Circuits Condemn Pattern of Error in Immigration Courts
IMMIGRATION LAW--ADMINISTRATIVE ADJUDICATION--THIRD AND SEVENTH CIRCUITS CONDEMN PATTERN OF ERROR IN IMMIGRATION COURTS.--Wang v. Attorney General, 423 F.3d 260 (3d Cir. 2005), and Benslimane v. Gonzales, 430 F.3d 828 (7th Cir. 2005). U.S. immigration...
Immunizing the Internet, Or: How I Learned to Stop Worrying and Love the Worm
In a 1997 exercise, National Security Agency teams hacked into computer systems at four regional military commands and the National Military Command Center and showed that hackers (1) could cause large-scale power outages and 911 emergency telephone...
Inbred Obscurity: Improving Incest Laws in the Shadow of the "Sexual Family"
I. INTRODUCTION The prohibition of incest is often called a "universal" taboo. (2) Indeed, virtually all cultures throughout history have condemned at least some form of intrafamilial sexual relationships or marriage. (3) Rationales for the prohibition...
International Law - Treaty Remedies - Seventh Circuit Finds Implied Right of Action in Vienna Convention on Consular Relations
INTERNATIONAL LAW--TREATY REMEDIES--SEVENTH CIRCUIT FINDS IMPLIED RIGHT OF ACTION IN VIENNA CONVENTION ON CONSULAR RELATIONS.--Jogi v. Voges, 425 F.3d 367 (7th Cir. 2005). It has been said that treaties are compacts (1) or contracts (2) among nations...
Patent Law - Utility - Federal Circuit Holds That Expressed Sequence Tags Lack Substantial and Specific Utility Unless Underlying Gene Function Is Identified
PATENT LAW--UTILITY--FEDERAL CIRCUIT HOLDS THAT EXPRESSED SEQUENCE TAGS LACK SUBSTANTIAL AND SPECIFIC UTILITY UNLESS UNDERLYING GENE FUNCTION IS IDENTI-FIED.--In re Fisher, 421 F.3d 1365 (Fed. Cir. 2005). The question of patenting expressed sequence...
Remedying the Injustices of Human Trafficking through Tort Law
Every year, approximately 600,000 to 800,000 victims of trafficking are bought, sold, or forced across international borders. (1) Trafficking is the third largest criminal industry in the world, (2) with revenues totaling $9.5 billion annually, (3)...
Rethinking Copyright for Advertisements
At the turn of the twentieth century, employees of the great Wallace Shows prepared as advertisements a series of color chromolithographs featuring some of the circus's attractions, such as ballet dancers, "fancy bicycle riding," and persons "whitened...
Separation of Parties, Not Powers
INTRODUCTION I. FROM BRANCHES TO PARTIES A. Madison and the Mechanisms of Political Competition B. Presidential, Parliamentary, and Party Government C. Conclusion: Separation of Parties II. PARTY UNIFICATION AND DIVISION OF GOVERNMENT A. The...
Statutory Interpretation - Federal Food, Drug, and Cosmetic Act -Third Circuit Holds That the FDA Can Obtain Restitution on Behalf of Consumers
STATUTORY INTERPRETATION--FEDERAL FOOD, DRUG, AND COSMETIC ACT--THIRD CIRCUIT HOLDS THAT THE FDA CAN OBTAIN RESTITUTION ON BEHALF OF CONSUMERS.--United States v. Lane Labs-USA Inc., 427 F.3d 219 (3d Cir. 2005). How should courts interpret statutory...
The New Rule of Lenity
When interpreting criminal laws, courts routinely recite the maxim that "penal statutes should be strictly construed against the government." (1) This canon of construction, known as the rule of lenity, requires that a court interpreting a criminal...
Author Advanced search

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.