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. 121, No. 2, December

Constitutional Law - Free Exercise Clause - Texas Supreme Court Holds That Trial Court Lacks Subject Matter Jurisdiction over Professional Negligence Claim against Professional Counselor/church Pastor
CONSTITUTIONAL LAW--FREE EXERCISE CLAUSE--TEXAS SUPREME COURT HOLDS THAT TRIAL COURT LACKS SUBJECT MATTER JURISDICTION OVER PROFESSIONAL NEGLIGENCE CLAIM AGAINST PROFESSIONAL COUNSELOR/CHURCH PASTOR.--Westbrook v. Penley, 231 S.W.3d 389 (Tex. 2007)....
Constitutional Law - Full Faith and Credit Clause - Tenth Circuit Invalidates Oklahoma Statute Barring Recognition of Out-of-State Adoptions by Same-Sex Couples
CONSTITUTIONAL LAW -- FULL FAITH AND CREDIT CLAUSE -TENTH CIRCUIT INVALIDATES OKLAHOMA STATUTE BARRING RECOGNITION OF OUT-OF-STATE ADOPTIONS BY SAME-SEX COUPLES.--Finstuen v. Crutcher, 496 F.3d 1139 (10th Cir. 2007). The Union that binds the fifty...
Constitutional Law - Personal Jurisdiction - North Carolina Supreme Court Finds No Jurisdiction over New York Trust
CONSTITUTIONAL LAW--PERSONAL JURISDICTION--NORTH CAROLINA SUPREME COURT FINDS NO JURISDICTION OVER NEW YORK TRUST.--Skinner v. Preferred Credit, 638 S.E.2d 203 (N.C. 2006), reh'g denied, 643 S.E.2d 591 (N.C. 2007). In early March 2007, the Dow Jones...
Criminal Law - Statutory Interpretation - Ninth Circuit Holds That 18 U.S.C. (Section) 924(c)(1)(a) Defines a Single Firearm Offense
CRIMINAL LAW -- STATUTORY INTERPRETATION -- NINTH CIRCUIT HOLDS THAT 18 U.S.C. [section] 924(C)(1)(A) DEFINES A SINGLE FIREARM OFFENSE. -- United States v. Arreola, 446 F.3d 926 (9th Cir.), superseded on denial of reh'g and reh'g en banc, 467 F.3d...
Equal Opportunity and Inheritance Taxation
TABLE OF CONTENTS I. INTRODUCTION 470 II. EQUALITY OF OPPORTUNITY AND EQUALITY OF RESOURCES 476 III. CONCEPTUALIZING AN EQUAL OPPORTUNITY INHERITANCE TAX 485 A. Equal Inheritance and "Leveling...
Evidence - Relevance and Prejudice - Ninth Circuit Removes Bar on Admission of a Defendant's Reading Material to Show Intent to Solicit a Minor
EVIDENCE--RELEVANCE AND PREJUDICE--NINTH CIRCUIT REMOVES BAR ON ADMISSION OF A DEFENDANT'S READING MATERIAL TO SHOW INTENT TO SOLICIT A MINOR.--United States v. Curtin, 489 F.3d 935 (9th Cir. 2007) (en banc). Adjudicating the admissibility of evidence...
Oversight and Insight: Legislative Review of Agencies and Lessons from the States
The Vermont Yankees of the Founding generation never would have foreseen a Supreme Court case like Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc., (1) precisely because they never would have imagined the way in which...
State Constitutional Law - Freedom of Speech - New Jersey Supreme Court Holds That Restrictions in Common Interest Community Do Not Violate the State's Constitution
STATE CONSTITUTIONAL LAW--FREEDOM OF SPEECH--NEW JERSEY SUPREME COURT HOLDS THAT RESTRICTIONS IN COMMON INTEREST COMMUNITY DO NOT VIOLATE THE STATE'S CONSTITUTION.--Committee for a Better Twin Rivers v. Twin Rivers Homeowners' Ass'n, 929 A.2d 1060...
The Case for Compulsory Voting in the United States
Voter turnout in the United States is much lower than in other democracies.(1) In European nations, voter turnout regularly tops 80%,(2) while turnout in American elections has not approached this number for at least the past century.(3) Even in the...
Timing Rules and Legal Institutions
TABLE OF CONTENTS INTRODUCTION 544 I. EXAMPLES 548 A. Constitutional Timing Rules 549 B. Statutory Timing...