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. 5, March

Constitutional Law - Federal Preemption of State Law - Ninth Circuit Strikes Down California Law Extending Statute of Limitations for the Recovery of Holocaust-Era Artwork
CONSTITUTIONAL LAW--FEDERAL PREEMPTION OF STATE LAW--NINTH CIRCUIT STRIKES DOWN CALIFORNIA LAW EXTENDING STATUTE OF LIMITATIONS FOR THE RECOVERY OF HOLOCAUST-ERA ARTWORK.--Von Saher v. Norton Simon Museum of Art at Pasadena, No. 07-56691, 2010 WL 114959...
Designing a Prisoner Reentry System Hardwired to Manage Disputes
INTRODUCTION: THE REENTRY PROBLEM What goes in must come out. Although life and death sentences receive the most press, (1) most federal inmates serve a finite prison sentence. When their time is up, they return to their communities, most to the...
Economic Crisis and the Rise of Judicial Elections and Judicial Review
TABLE OF CONTENTS INTRODUCTION 1063 I. WEAKNESS AND PANIC 1070 A. Weakening the Courts and Shortening Tenure, 1800-1832 1070 B. Panic:...
False Claims Act - Jurisdiction - First Circuit Adopts Plain Meaning of Requirement That Plaintiffs Give Government Their Information before Filing Suit
FALSE CLAIMS ACT--JURISDICTION--FIRST CIRCUIT ADOPTS PLAIN MEANING OF REQUIREMENT THAT PLAINTIFFS GIVE GOVERNMENT THEIR INFORMATION BEFORE FILING SUIT.--United States ex rel. Duxbury v. Ortho Biotech Products, L.P., 579 F.3d 13 (1st Cir. 2009). ...
Foreign Sovereign Immunities Act - Exhaustion of Local Remedies - Ninth Circuit Requires Case-by-Case Prudential Analysis of Exhaustion of Local Remedies in Foreign Sovereign Immunities Act Suits
FOREIGN SOVEREIGN IMMUNITIES ACT--EXHAUSTION OF LOCAL REMEDIES--NINTH CIRCUIT REQUIRES CASE-BY-CASE PRUDENTIAL ANALYSIS OF EXHAUSTION OF LOCAL REMEDIES IN FOREIGN SOVEREIGN IMMUNITIES ACT SUITS.--Cassirer v. Kingdom of Spain, 580 F.3d 1048 (9th Cir....
Inducing Moral Deliberation: On the Occasional Virtues of Fog
Legal standards are often valued for their flexibility and their susceptibility to nuanced, context-sensitive interpretation. Legal rules are usually celebrated for their clarity and certainty. The received wisdom is that the merits of the one form...
Shareholder Opportunism in a World of Risky Debt
TABLE OF CONTENTS INTRODUCTION 1152 I. THE ECONOMICS OF CORRELATION-SEEKING 1155 A. How Correlation Determines the Impact of a Contingent Debt 1156 B. The...
State Action and the Public/private Distinction
TABLE OF CONTENTS I. INTRODUCTION 1250 II. THE EVOLUTION OF THE STATE ACTION DOCTRINE AND THE CURRENT 1255 DEBATE A. Classical Legal Thought and the Civil Rights Cases 1256 B. "The...
The Single Publication Rule and Online Copyright: Tensions between Broadcast, Licensing, and Defamation Law
I. INTRODUCTION Defamation provides a cause of action for individuals whose reputations are harmed by the intentional publication of a statement, when its content tends to injure reputation. (1) Publication is an essential prong of the tort: the...

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.