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. 6, April

A Matter of Life and Death: The Effect of Life-without-Parole Statutes on Capital Punishment
The anti-death penalty movement has reached a success rate and a volume level not seen since the early 1970s, with execution rates declining, public support for the death penalty falling, and Supreme Court and lower court intervention to halt executions...
Constitutional Law - Equal Protection - Ninth Circuit Holds That High School Racial Balancing Plan Does Not Violate the Equal Protection Clause
CONSTITUTIONAL LAW--EQUAL PROTECTION--NINTH CIRCUIT HOLDS THAT HIGH SCHOOL RACIAL BALANCING PLAN DOES NOT VIOLATE THE EQUAL PROTECTION CLAUSE.--Parents Involved in Community Schools v. Seattle School District, No. 1, 426 F.3d 1162 (9th Cir. 2005) (en...
Constitutional Law - Free Speech - Sixth Circuit Holds That Civil Penalties Imposed for Interfering with Airport Security Screeners through Use of Loud and Profane Language Do Not Burden First Amendment
CONSTITUTIONAL LAW--FREE SPEECH--SIXTH CIRCUIT HOLDS THAT CIVIL PENALTIES IMPOSED FOR INTERFERING WITH AIRPORT SECURITY SCREENERS THROUGH USE OF LOUD AND PROFANE LANGUAGE DO NOT BURDEN FIRST AMENDMENT.--Rendon v. Transportation Security Administration,...
Controlling Shareholders and Corporate Governance: Complicating the Comparative Taxonomy
Corporate governance scholarship has shifted focus in recent years from hostile takeovers, which occur primarily in the widely held shareholder systems of the United States and the United Kingdom, to the comparative merits of the "controlling shareholder"...
Criminal Procedure - Habeas Corpus - Ninth Circuit Uses Circuit Opinions to Interpret "Clearly Established Federal Law."
CRIMINAL PROCEDURE--HABEAS CORPUS--NINTH CIRCUIT USES CIRCUIT OPINIONS TO INTERPRET "CLEARLY ESTABLISHED FEDERAL LAW."--Musladin v. Lamarque, 403 F.3d 1072 (9th Cir.), reh'g denied, 427 F.3d 647 (9th Cir. 2005). Federal habeas review of state decisions...
Director Primacy and Shareholder Disempowerment
In his 2004 article, Lucian Bebchuk advances proposals designed to allow "shareholders to initiate and vote to adopt changes in the company's basic corporate governance arrangements." (1) As Bebchuk explains, the housekeeping rules of corporation law...
Evidence - Journalist Privilege - District of Columbia Circuit Holds That Privacy Act Suit Satisfies Two-Prong Test to Overcome Journalist Privilege to Conceal Confidential Sources
EVIDENCE--JOURNALIST PRIVILEGE--DISTRICT OF COLUMBIA CIRCUIT HOLDS THAT PRIVACY ACT SUIT SATISFIES TWO-PRONG TEST TO OVERCOME JOURNALIST PRIVILEGE TO CONCEAL CONFIDENTIAL SOURCES.--Lee v. Department of Justice, 413 F.3d 53 (D.C. Cir. 2005). For...
Foreign Affairs Preemption and State Regulation of Greenhouse Gas Emissions
In 2001, the United States withdrew from the Kyoto Protocol. Since then, the Administration has not advocated for any international agreement or domestic legislation that would impose mandatory limits on the emission of greenhouse gases (GHGs). Frustrated...
International Law - Human Rights - European Court of Human Rights Finds Bulgaria Liable for Failure to Investigate Racially Motivated Killings
INTERNATIONAL LAW--HUMAN RIGHTS--EUROPEAN COURT OF HUMAN RIGHTS FINDS BULGARIA LIABLE FOR FAILURE TO INVESTIGATE RACIALLY MOTIVATED KILLINGS.--Nachova v. Bulgaria, App. Nos. 43577/98 and 43579/98 (Eur. Ct. H.R. July 6, 2005) (Grand Chamber). Article...
Letting Shareholders Set the Rules
In companies with dispersed ownership, boards are bound to have significant power. But the power that boards of U.S. companies have is not an inherent corollary of the separation of ownership and control. This power is partly a product of legal rules...
Recapturing the War Power
The United States's ever-growing military participation in world affairs and the unconventional challenges of the War on Terrorism have sparked debate over the roles of Congress and the President in the initiation of military hostilities, the deployment...
State Collective Action
Although the Blue and Gray armies disbanded after Appomattox, the primordial forces that caused the Civil War are perpetual. These forces are not specific to antebellum America, but rather are the incentives that generate state collective action, a...
The Riddle of Hiram Revels
In 1870, a black man named Hiram Revels was named to represent Mississippi in the Senate. Senate Democrats objected to seating him and pointed out that the Constitution specifies that no person may be a senator who has not been a citizen of the United...
Tort Law - Civil Immunity - Congress Passes Prohibition of Qualified Civil Claims against Gun Manufacturers and Distributors
TORT LAW--CIVIL IMMUNITY--CONGRESS PASSES PROHIBITION OF QUALIFIED CIVIL CLAIMS AGAINST GUN MANUFACTURERS AND DISTRIBUTORS.--Protection of Lawful Commerce in Arms Act, Pub. L. No. 109-92, 119 Stat. 2095 (2005) (to be codified at 15 U.S.C. [sub section]...
Toward a True Corporate Republic: A Traditionalist Response to Bebchuk's Solution for Improving Corporate America
I am honored to have this chance to comment on Professor Lucian Bebchuk's typically thoughtful article, The Case for Increasing Shareholder Power. (1) In that article, Bebchuk sets out a reform proposal designed to meet some of the objections of skeptics...
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