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. 127, No. 3, January

Administrative Law - Mandamus - D.C. Circuit Compels Nuclear Regulatory Commission to Follow Statutory Mandate
ADMINISTRATIVE LAW--MANDAMUS--D.C. CIRCUIT COMFELS NO CLEAR REGULATORY COMMISSION TO FOLLOW STATUTORY MANDATE. --In re Aiken County, 725 F.3d 255 (D.C. Cir. 2013), reh'g en banc denied, No. 11-1271, 2013 U.S. App. LEXIS 22003 (D.C. Cir. Oct. 28, 2013)....
Appointing State Attorneys General: Evaluating the Unbundled State Executive
"[A]t some point this series of watchdogs-watching-watchdogs-watch administrators has to terminate in the people being their own watchdog. They may just as well watch the governor directly...." (1) Imagine if in 2012 Americans had been faced with...
Constitutional Law - Fourth Amendment - Ninth Circuit Holds Forensic Search of Laptop Seized at Border Requires Showing of Reasonable Suspicion
CONSTITUTIONAL LAW--FOURTH AMENDMENT--NINTH CIRCUIT HOLDS FORENSIC SEARCH OF LAPTOP SEIZED AT BORDER REQUIRES SHOWING OF REASONABLE SUSPICION.--United States v. Cotterman, 709 F.3d 952 (9th Cir. 2013) (en banc). Technological innovation has outpaced...
Criminal Procedure - Fourth Amendment - Florida Supreme Court Holds That Cell Phone Data Is Not Subject to the Search Incident-to-Arrest Exception
CRIMINAL PROCEDURE--FOURTH AMENDMENT--FLORIDA SUPREME COURT HOLDS THAT CELL PHONE DATA IS NOT SUBJECT TO THE SEARCH INCIDENT-TO-ARREST EXCEPTION.--Smallwood v. State, 113 So. 3d 724 (Fla. 2013). Warrants are central to the legitimacy of the American...
First Amendment - Free Exercise of Religion - Tenth Circuit Holds For-Profit Corporate Plaintiffs Likely to Succeed on the Merits of Substantial Burden on Religious Exercise Claim
FIRST AMENDMENT--FREE EXERCISE OF RELIGION--TENTH CIRCUIT HOLDS FOR-PROFIT CORPORATE PLAIN TIFFS LIKELY TO SUCCEED ON THE MERITS OF SUBSTANTIAL BURDEN ON RELIGIOUS EXERCISE CLAIM. --Hobby Lobby Stores, Inc. v. Sebelius, 723 F.3d 1114 (10th Cir. 2013)....
First Amendment - Public Access - Third Circuit Holds That First Amendment Does Not Afford the Public a Protected Right of Access to Polling Places for News-Gathering Purposes
FIRST AMENDMENT--PUBLIC ACCESS--THIRD CIRCUIT HOLDS THAT FIRST AMENDMENT DOES NOT AFFORD THE PUBLIC A PROTECTED RIGHT OF ACCESS TO POLLING PLACES FOR NEWS-GATHERING PURPOSES.--PG Publishing Co. v. Aichele, 705 F.3d 91 (3d Cir.), cert. denied, 133 s....
First Amendment - Student Speech - Third Circuit Limits Censorship of "Ambiguously Lewd" Speech
FIRST AMENDMENT--STUDENT SPEECH--THIRD CIRCUIT LIMITS CENSORSHIP OF "AMBIGUOUSLY LEWD" SPEECH--B.H. ex rel. Hawk v. Easton Area School District, 725 F.3d 293 (3d Cir. 2013) (en banc). In Bethel School District No. 403 v. Fraser, (1) the Supreme...
For-Profit Public Enforcement
B. Individual Incentives Agencies are not monoliths. In the end, agency actions are the actions of individuals. We have argued that agencies, as institutions, have self-interested incentives to emphasize monetary penalties in enforcement actions....
More Than a Formality: The Case for Meaningful Substantive Reasonableness Review
Appellate review of sentencing is under assault. When the Supreme Court rendered the Federal Sentencing Guidelines nonbinding in United States v. Booker, (1) it established appellate review of federal sentences for reasonableness to cabin sentencing...
The Devil Wears Trademark: How the Fashion Industry Has Expanded Trademark Doctrine to Its Detriment
I. INTRODUCTION Over the past decade, the uncertainty of fashion's status as protectable intellectual property has generated enormous controversy. It is no wonder: in 2011, apparel sales in the United States amounted to almost two hundred billion...
Torts - Fraudulent Misrepresentation - Sixth Circuit Finds Law School Applicants Could Not Reasonably Rely on School-Provided Employment Statistics
TORTS-FRAUDULENT MISREPRESENTATION--SIXTH CIRCUIT FINDS LAW SCHOOL APPLICANTS COULD NOT REASONABLY RELY ON SCHOOL-PROVIDED EMPLOYMENT STATISTICS.--MacDonald V. Thomas M. Cooley Law School, 724 F.3d 654 (6th Cir. 2013). Until the recent recession,...

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