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. 2, December

Chevron and the Substantive Canons: A Categorical Distinction
In the years since the Supreme Court's 1984 decision Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., (1) the intersection of Chevron's two-step deference regime with the various substantive canons of statutory interpretation has remained...
Civil Procedure - Quorum Requirements - Fifth Circuit Leaves Panel Decision Vacated upon Loss of En Banc Quorum
Civil Procedure--Quorum Requirements--Fifth Circuit Leaves Panel Decision Vacated upon Loss of En Banc Quorum.--Comer v. Murphy Oil USA, 607 F.3d 1049 (5th Cir. 2010) (en banc). Quorum requirements have long been employed "to prevent matters from...
Constitutional Law - First Amendment - Fourth Circuit Holds That Republishing Social Security Numbers Gleaned from Online Public Records Is Protected Speech
CONSTITUTIONAL LAW--FIRST AMENDMENT--FOURTH CIRCUIT HOLDS THAT REPUBLISHING SOCIAL SECURITY NUMBERS GLEANED FROM ONLINE PUBLIC RECORDS IS PROTECTED SPEECH.--Ostergren v. Cuccinelli, 615 F.3d 263 (4th Cir. 2010). With the advent of the internet,...
Constitutional Law - Political Question Doctrine - D.C. Circuit Holds That Government Officials' Potentially Defamatory Allegations regarding Plaintiffs' Terrorist Ties Are Protected by Political Question Doctrine
The political question doctrine, "essentially a function of the separation of powers," (1) exists to prevent courts from making "policy choices and value determinations [that are] constitutionally committed" to the political branches. (2) The D.C....
Educational Benefits Realized: Universities' Post-Admissions Policies and the Diversity Rationale
Diversity in education, and the means of attaining it, has been one of the most controversial legal issues in modern American history. (1) The Supreme Court has upheld the use of affirmative action in the college admissions process as a means of attaining...
Harvard University's 359th Commencement Address
When I was younger I used to hear Harvard stories from a member of the class of 1885. Back then, old graduates of the College who could get to Cambridge on Commencement Day didn't wait for reunion years to come back to the Yard. They'd just turn up,...
Patent Law - Forum Selection - Federal Circuit Heightens Standard for Plaintiff Presence That Will Weigh against Transfer
Patent LAW--forum selection--FEDERAL CIRCUIT HEIGHTENS STANDARD FOR PLAINTIFF PRESENCE THAT WILL WEIGH AGAINST TRANSFER.--In re Zimmer Holdings, Inc., 609 F.3d 1378 (Fed. Cir. 2010). The Eastern District of Texas is well known for being plaintiff-friendly,...
The Distortionary Effect of Evidence on Primary Behavior
INTRODUCTION Andy is driving on a narrow and winding road without shoulders. All of a sudden, a car driven by Bob approaches from the opposite direction. Bob, preoccupied with his cell phone, inadvertently crosses the dividing yellow line and enters...
Too Sovereign to Be Sued: Immunity of Central Banks in Times of Financial Crisis
States have long struggled to reconcile the public interest in avoiding judicial interference in foreign relations with the private interests of citizens who have been aggrieved by a foreign state. The American approach to this issue has been codified...
Trademark Law - Infringement Liability - European Court of Justice Holds That Search Engines Do Not Infringe Trademarks
TRADEMARK LAW--INFRINGEMENT LIABILITY--EUROPEAN COURT OF JUSTICE holds that SEARCH ENGINES DO NOT INFRINGE TRADEMARKS.--Joined Cases C-236/08, C-237/08 & C-238/08, Google France SARL v. Louis Vuitton Malletier SA, 2010 ECJ EUR-Lex LEXIS 119 (Mar....
Why (Ever) Define Markets?
TABLE OF CONTENTS TABLE OF CONTENTS I. Introduction 438 II The Market Definition/Market Share Paradigm 443 A. Preliminaries 443 ...
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