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. 125, No. 5, March

Administrative Law - Bid Protests - Federal Circuit Holds That Agency Was Arbitrary and Capricious in Following a Government Accountability Office Recommendation
The Competition in Contracting Act of 19841 formalized the role of the Government Accountability Office (GAO) as an alternative, independent, (2) and nonjudicial forum for resolving protests alleging agency violations of federal procurement laws. (3)...
Agency Coordination in Shared Regulatory Space
Interagency coordination is one of the great challenges of modern governance. This Article explains why lawmakers frequently assign overlapping and fragmented delegations that require agencies to "share regulatory space," why these delegations are...
Antitrust Law - Monopolization - Southern District of New York Rejects Proposed Google Books Settlement Agreement
The digitization of books, periodicals, and other scholarly material is a growing trend. Modern society has demanded that any and all information be made available online, and the market has responded to this demand in a variety of ways, not the least...
Corporate Law - Mergers and Acquisitions - Delaware Court of Chancery Imposes Revlon Duties on Board of Directors in Mixed Cash-Stock Strategic Merger
In Revlon, Inc. v. MacAndrews & Forbes Holdings, Inc., (1) the Delaware Supreme Court held that, when a Delaware corporation sells itself for cash, its directors are transformed "from defenders of the corporate bastion to auctioneers charged with...
Deception as an Antitrust Violation
Company A and Company B compete in the market for drugs that treat a particular disease. Company A created the market by inventing Drug A and soon realized significant sales. Shortly thereafter, Company B entered the market by introducing Drug B. Drug...
Employment Law - State Legislation - Connecticut Enacts Paid Sick Leave Act
Legislative innovations, especially those recognizing new rights for workers, are often born of a long series of compromises. The drafters of the federal Family and Medical Leave Act of 1993 (1) (FMLA), for instance, reluctantly opted to propose unpaid...
Patent Law - Patentable Subject Matter - Leahy-Smith America Invents Act Revises U.S. Patent Law Regime
The United States's patent regime is straining under its own weight. The U.S. Patent and Trademark Office (PTO) faces a daunting backlog of roughly 700,000 patent applications, (1) aggressive litigants holding vague patents pursue dubious claims against...
Recent Publications
HENRY FRIENDLY: GREATEST JUDGE OF HIS ERA. By David M. Dorsen. Cambridge, Mass.: Harvard University Press. 2012. Pp. xiii, 489. $35.00. Proclaimed "the most powerful legal reasoner in American legal history" (p. xiii) by Judge Richard Posner in his...
Securities Law - Materiality Requirement - Second Circuit Finds Issuer's Failure to Disclose Loan Impairments Immaterial as a Matter of Law
Investors generally may sue issuers of securities for material misstatements or omissions of fact in public disclosure documents. (1) Over thirty-five years ago, in TSC Industries, Inc. v. Northway, Inc., (2) the Supreme Court articulated the canonical...
Search by... Author
Show... All Results Primary Sources Peer-reviewed

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.