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. 4, February

Administrative Law - Food and Drug Law - Eastern District of New York Rejects FDA Limitations on Plan B Emergency Contraception as Arbitrary and Capricious
ADMINISTRATIVE LAW--FOOD AND DRUG LAW--EASTERN DISTRICT OF NEW YORK REJECTS FDA LIMITATIONS ON PLAN B EMERGENCY CONTRACEPTION AS ARBITRARY AND CAPRICIOUS.--Tummino v. Hamburg, 936 F. Supp. 2d 162 (E.D.N.Y. 2013). Plan B and Plan B One-Step are emergency...
Civil Procedure - Rule 68 of the Federal Rules of Civil Procedure - Ninth Circuit Holds That Unaccepted Rule 68 Offer Does Not Moot Plaintiff's Individual Claims
CIVIL PROCEDURE--RULE 68 OF THE FEDERAL RULES OF CIVIL PROCEDURE--NINTH CIRCUIT HOLDS THAT UN ACCEPTED RULE 68 OFFER DOES NOT MOOT PLAINTIFF'S INDIVIDUAL CLAIMS.--DIAZ V. FIRST AMERICAN HOME BUYERS PROTECTION CORP., 732 F.3D 948 (9TH CIR. 2013). ...
Copyright Law - Fair Use - Second Circuit Holds That Appropriation Artwork Need Not Comment on the Original to Be Transformative
COPYRIGHT LAW--FAIR USE--SECOND CIRCUIT HOLDS THAT APPROPRIATION ARTWORK NEED NOT COMMENT ON THE ORIGINAL TO BE TRANSFORMATIVE.--Cariou v. Prince, 714 F.3d 694 (2d Cir. 2013). Fair use is a carve-out to a copyright owner's statutory rights when...
Criminal Law - Juvenile Life without Parole Sentences - Eleventh Circuit Holds That Miller Is Not Retroactive
CRIMINAL LAW--JUVENILE LIFE WITH OUT PAROLE SENTENCES--ELEVENTH CIRCUIT HOLDS THAT MILLER IS NOT RETROACTIVE.--In re Morgan, 713 F.3d 1365 (11th Cir.), reh'g en banc denied, 717 F.3d 1186 (11th Cir. 2013). The Supreme Court's Eighth Amendment juvenile...
Dual Sovereignty - Preemption - California Supreme Court Upholds Local Zoning Ban on Medical Marijuana Dispensaries
DUAL SOVEREIGNTY--PREEMPTION--CALIFORNIA SUPREME COURT UPHOLDS LOCAL ZONING BAN ON MEDICAL MARIJUANA DISPENSARIES. --City of Riverside v. Inland Empire Patients Health & Wellness Center, Inc., 300 P.3d 494 (Cal. 2013). In 1996, the citizens...
Employment Law - Pension Withdrawal Liability - First Circuit Holds Private Equity Fund Is "Trade or Business" under Multiemployer Pension Plan Amendments Act
EMPLOYMENT LAW--PENSION WITHDRAWAL LIABILITY--FIRST CIRCUIT HOLDS PRIVATE EQUITY FUND IS "TRADE OR BUSINESS" UNDER MULTIEMPLOYER PENSION PLAN AMENDMENTS ACT.--Sun Capital Partners III, LP v. New England Teamsters & Trucking Industry Pension Fund,...
Federal Habeas Corpus - Death Penalty - Eleventh Circuit Affirms Lower Court Finding That Mentally Ill Prisoner Is Competent to Be Executed
FEDERAL HABEAS CORPUS--DEATH PENALTY--ELEVENTH CIRCUIT AFFIRMS LOWER COURT FINDING THAT MENTALLY ILL PRISONER IS COMPETENT TO BE EXECUTED.--Ferguson v. Secretary, Florida Department of Corrections, 716 F.3d 1315 (11th Cir.), cert. denied, 186 L. Ed....
First Amendment - Right of Publicity - Ninth Circuit Rejects First Amendment Defense to Right-of-Publicity Claim
FIRST AMENDMENT--RIGHT OF PUBLICITY--NINTH CIRCUIT REJECTS FIRST AMENDMENT DEFENSE TO RIGHT-OF-PUBLICITY CLAIM.--In re NCAA Student-Athlete Name & Likeness Licensing Litigation, 724 F.3d 1268 (9th Cir. 2013). The right of publicity is the right...
Fourth Amendment - Warrantless Searches - Fifth Circuit Upholds Stored Communications Act's Non-Warrant Requirement for Cell-Site Data as Not per Se Unconstitutional
FOURTH AMENDMENT--WARRANTLESS SEARCHES--FIFTH CIRCUIT UP HOLDS STORED COMMUNICATIONS ACT'S NON-WARRANT REQUIREMENT FOR CELL-SITE DATA AS NOT PER SE UNCONSTITUTIONAL.--In re Application of the United States for Historical Cell Site Data, 724 F.3d 600...
International Law - Universal Jurisdiction - D.C. Circuit Upholds Charges for Facilitator of Piracy under Universal Jurisdiction
INTERNATIONAL LAW--UNIVERSAL JURISDICTION--D.C. CIRCUIT UPHOLDS CHARGES FOR FACILITATOR OF PIRACY UNDER UNIVERSAL JURISDICTION. --United States v. Ali, 718 F.3d 929 (D.C. Cir. 2013). Piracy has long been considered the paradigmatic crime subject...
Labor Law - Undocumented Immigrants - Second Circuit Holds Undocumented Workers Are Categorically Barred from Backpay under the National Labor Relations Act
LABOR LAW--UNDOCUMENTED IMMIGRANTS--SECOND CIRCUIT HOLDS UNDOCUMENTED WORKERS ARE CATEGORICALLY BARRED FROM BACK PAY UNDER THE NATIONAL LABOR RELATIONS ACT.--Palma v. NLRB, 723 F.3d 176 (2d Cir. 2013). Undocumented immigrants are "employees" within...
NFIB V. Sebelius and the Individualization of the State Action Doctrine
On June 28, 2012, the Supreme Court handed down its decision in National Federation of Independent Business v. Sebelius (1) (NFIB), upholding President Barack Obama's signature legislative achievement, the Patient Protection and Affordable Care Act...
Partisan Federalism
II. PARTISAN IDENTIFICATION WITH STATES Federalism critically depends not only on the relationship between the state and federal governments, but also on the relationship of the people to the states and the nation. For federalism to work, much doctrine...

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