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. 8, June

Arbitration - Congress Considers Bill to Invalidate Pre-Dispute Arbitration Clauses for Consumers, Employees, and Franchisees. - Arbitration Fairness Act of 2007, S. 1782, 110th Cong. (2007)
Arbitration has been hailed since at least the 1920s as one solution to the overcrowding of courts and complexity of litigation. Yet it may be failing to live up to its promises, at least for small players with limited bargaining power. A recently...
Criminal Law - Fifth Amendment - Seventh Circuit Holds That RICO Conspiracy Charges Can Proceed to Trial despite Unresolved Double Jeopardy Claims. - United States V. Calabrese
Even before the Sopranos won their Emmys, organized crime families fascinated America and frustrated its law enforcement. From Al Capone and Frank Nitti to Bugsy Siegel and John Gotti, mobsters and their gangs have often ruled and bullied America's...
Criminal Law - Plea Agreements - Third Circuit Holds That Government Appeals of Alleged Plea Agreement Breaches by Defendants Are Reviewed De Novo. - United States V. Williams
Plea agreements are unquestionably crucial to the justice system. (1) In a recent year, nearly eighty-six percent of all charged federal offenses were resolved by guilty pleas, and over 72,000 federal defendants pled either guilty or nolo contendere....
Criminal Law - Right to a Fair Trial - Seventh Circuit Holds That a Codefendant's Repeated and Violent Outbursts, Coupled with Intimidation from the Gallery, Denied Defendant a Fair Trial. - United States V. Mannie
Approximately one-third of all federal criminal defendants are prosecuted in the same trial as other defendants. (1) In the background of this common practice lies a tension between the economic exigencies of joinder and the constitutional demands...
Cross-Jurisdictional Forum Non Conveniens Preclusion
The volume of transnational litigation filed in the United States is growing. (1) Economic globalization has increased the number of claims filed in U.S. courts by plaintiffs seeking relief for injuries suffered abroad, and the doctrine of forum...
Internet Law - Communications Decency Act - Federal District Court Denies [Section] 230 Immunity to Website That Solicits Illicit Content. - FTC V. Accusearch, Inc
Section 230(c)(1) of the Communications Decency Act (1) (CDA) gives online publishers broad immunity from liability arising out of content they did not wholly or partially create. (2) The courts have interpreted this provision generously on a number...
Recent Publications
THE BATTLE OVER SCHOOL PRAYER: HOW ENGEL V. VITALE CHANGED AMERICA. By Bruce J. Dierenfield. Lawrence, Kan.: University Press of Kansas. 2007. Pp. xv, 263. $15.95. Forty-five years ago, religious conservatives decried the Supreme Court's decision...
Rule Porousness and the Design of Legal Directives
Legal directives give effect to social policy. There has been extensive debate about how best to design the contours of the law to achieve that end. (1) However, this theoretical debate has generally overlooked one simple fact: rules are sometimes...
Saudi Courts - Women's Rights - General Court of Qatif Sentences Gang-Rape Victim to Prison and Lashings for Violating "Illegal Mingling" Law
Last December, while the National Organization for Women (NOW) celebrated the success of its campaign for "non-sexist car insurance," (1) a young woman already brutalized by her neighbors awaited further violence from her state. The previous month,...
Shifting the FISA Paradigm: Protecting Civil Liberties by Eliminating Ex Ante Judicial Approval
The legal-academic reaction to the revelation of the National Security Agency's secret surveillance program (the Terrorist Surveillance Program, or TSP) was swift, vigorous, and almost universally negative. (1) Primary attention centered on the...
The Alien Tort Statute, Forum Shopping, and the Exhaustion of Local Remedies Norm
I. INTRODUCTION In Sosa v. Alvarez-Machain, (1) the Supreme Court answered a number of questions regarding the Alien Tort Statute (2) (ATS) and the legitimacy of transnational human rights litigation in U.S. federal courts. The Court's opinion,...
The Immunity-Conferring Power of the Office of Legal Counsel
At a February 2008 congressional hearing, Attorney General Michael Mukasey stated that "the Justice Department ... could not investigate or prosecute somebody for acting in reliance on a Justice Department opinion," even if it turns out that the...
"Trading Action for Access": The Myth of Meritocracy and the Failure to Remedy Structural Discrimination
[S]elective incorporation of individuals [into an organization] disarm[s] the critics by trading action for access. (1) Many Americans believe we now live in a meritocratic society in which everyone has an equal opportunity for success regardless...
Unequal Justice
TABLE OF CONTENTS INTRODUCTION 1970 I. EQUALITYAND LOCAL POLITICS 1975 A. Law's Limits, Bureaucracy's Bias 1975 B. Criminal Justice in the Gilded Age 1982 1. The South ...
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