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. 122, No. 4, February

Constitutional Law - First Amendment - En Banc Third Circuit Strikes Down Federal Statute Prohibiting the Interstate Sale of Depictions of Animal Cruelty
CONSTITUTIONAL LAW--FIRST AMENDMENT--EN BANC THIRD CIRCUIT STRIKES DOWN FEDERAL STATUTE PROHIBITING THE INTERSTATE SALE OF DEPICTIONS OF ANIMAL CRUELTY.--United States v. Stevens, 533 F.3d 218 (3d Cir. 2008) (en banc). The First Amendment generally...
Constitutional Law - Religion Clauses - Tenth Circuit Strikes Down Colorado Law Exempting "Pervasively Sectarian" Religious Colleges from State Scholarship Program
CONSTITUTIONAL LAW--RELIGION CLAUSES--TENTH CIRCUIT STRIKES DOWN COLORADO LAW EXEMPTING "PERVASIVELY SECTARIAN" RELIGIOUS COLLEGES FROM STATE SCHOLARSHIP PROGRAM.--Colorado Christian University v. Weaver, 534 F.3d 1245 (10th Cir. 2008). Courts and...
Developments in the Law: Access to Courts
"The right to sue and defend in the courts is the alternative of force. In an organized society it is the right conservative of all other rights, and lies at the foundation of orderly government. It is one of the highest and most essential privileges...
Electronic Surveillance - Congress Grants Telecommunications Companies Retroactive Immunity from Civil Suits for Complying with NSA Terrorist Surveillance Program
ELECTRONIC SURVEILLANCE--CONGRESS GRANTS TELECOMMUNICATIONS COMPANIES RETROACTIVE IMMUNITY FROM CIVIL SUITS FOR COMPLYING WITH NSA TERRORIST SURVEILLANCE PROGRAM.--FISA Amendments Act of 2008, Pub. L. No. 110-261, 122 Stat. 2436. In December 2005,...
Our Schmittian Administrative Law
TABLE OF CONTENTS I. CARL SCHMITT VERSUS THE RULE OF LAW 1098 A. Schmitt's Account of Emergencies 1098 B. The Rule of (Administrative) Law 1101 C. Two...
Prediction Markets and Law: A Skeptical Account
Enthusiasm for "many minds" arguments has infected legal academia. Scholars now champion the virtues of groupthink, something once thought to have only vices. (1) It turns out that groups often outperform individuals in aggregating information, weighing...
Recent Publications
THE ACTIVIST: JOHN MARSHALL, MARBURY V. MADISON, AND THE MYTH OF JUDICIAL REVIEW. By Lawrence Goldstone. New York, N.Y.: Walker & Co. 2008. Pp. viii, 294. $26.00. The Activist begins with a telling quotation in which Justice Scalia concedes that...
State Constitutional Law - Same-Sex Relations - Supreme Court of Michigan Holds That Public Employers May Not Provide Healthcare Benefits to Same-Sex Domestic Partners of Employees
In recent years, a considerable number of states have adopted constitutional amendments that deprive same-sex couples of the right to marry. (1) While the fundamental long-term question is whether these amendments violate the Federal Constitution,...
Tort Law - Loss of a Chance Doctrine - Massachusetts Supreme Judicial Court Accepts Loss of a Chance in Medical Malpractice Suits
TORT LAW--LOSS OF A CHANCE DOCTRINE--MASSACHUSETTS SUPREME JUDICIAL COURT ACCEPTS LOSS OF A CHANCE IN MEDICAL MALPRACTICE SUITS.--Matsuyama v. Birnbaum, 890 N.E.2d 819 (Mass. 2008). Negligence plaintiffs must generally demonstrate by a preponderance...
Trimming
TABLE OF CONTENTS I. INTRODUCTION 1052 II. WHY TRIMMERS TRIM 1054 A. Historical Notes 1055 B....
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