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. 7, May

Antitrust Law - State Action Immunity - Fourth Circuit Holds That State's Dental Board of Examiners Must Show "Active Supervision" by State to Be Entitled to Antitrust Immunity
ANTITRUST LAW--STATE ACTION IMMUNITY--FOURTH CIRCUIT HOLDS THAT STATE'S DENTAL BOARD OF EXAMINERS MUST SHOW "ACTIVE SUPERVISION" BY STATE TO BE ENTITLED TO ANTITRUST IMMUNITY.-- North Carolina State Board of Dental Examiners v. FTC, 717 F.3d 359 (4th...
Constitutional Law - Guantanamo Habeas - D.C. Circuit Holds That Petitioner Was Properly Detained as "Part Of" Enemy Forces
CONSTITUTIONAL LAW--GUANTANAMO HABEAS--D.C. CIRCUIT HOLDS THAT PETITIONER WAS PROPERLY DETAINED AS "PART OF" ENEMY FORCES.--Hussain v. Obama, 718 F.3d 964 (D.C. Cir. 2013), reh'g en banc denied, No. 11-5344, 2013 U.S. App. LEXIS 17618 (D.C. Cir. Aug....
Constitutional Law - Separation of Powers - D.C. Circuit Holds That Recognition of Foreign Governments Is an Exclusive Executive Power
CONSTITUTIONAL LAW--SEPARATION OF POWERS--D.C. CIRCUIT HOLDS THAT RECOGNITION OF FOREIGN GOVERNMENTS IS AN EXCLUSIVE EXECUTIVE POWER.--Zivotofsky v. Secretary of State, 725 F.3d 197 (D.C. Cir. 2013). From civics classes to Supreme Court opinions,...
Constitutional Law - Tenth Amendment - Third Circuit Holds That PASPA Is an Appropriate Exercise of Congressional Power
CONSTITUTIONAL LAW--TENTH AMENDMENT--THIRD CIRCUIT HOLDS THAT PASPA IS AN APPROPRIATE EXERCISE OF CONGRESSIONAL POWER. --National Collegiate Athletic Ass'n v. Governor of New Jersey, 730 F.3d 208 (3d Cir. 2013). Under the Tenth Amendment's anticommandeering...
Cyberlaw - Trademark Law - WIPO Arbitrators Uphold Conjunctive View of Bad Faith under the Uniform Domain Name Dispute Resolution Policy
CYBERLAW--TRADEMARK LAW--WIPO ARBITRATORS UPHOLD CONJUNCTIVE VIEW OF BAD FAITH UNDER THE UNIFORM DOMAIN NAME DISPUTE RESOLUTION POLICY.--Guru Denim Inc. V. Abu-harb, case no. D2013-1324, Administrative Panel Decision (WIPO Arbitration & Mediation...
Fourth Amendment - Warrantless Searches - New Jersey Supreme Court Holds That State Constitution Requires Police to Obtain Warrant before Accessing Cell-Site Location Information
FOURTH AMENDMENT--WARRANTLESS SEARCHES--NEW JERSEY SUPREME COURT HOLDS THAT STATE CONSTITUTION REQUIRES POLICE TO OBTAIN WARRANT BEFORE ACCESSING CELL-SITE LOCATION INFORMATION.--State v. Earls, 70 A.3d 630 (N.J. 2013). Technological advances test...
Gun Control Act - Domestic Violence Misdemeanants' Firearms Disabilities - Illinois Supreme Court Construes Federal Gun Control Act to Permit State Court to Remove Domestic Violence Misdemeanant's Federal Firearms Disability
GUN CONTROL ACT--DOMESTIC VIOLENCE MISDEMEANANTS' FIREARMS DISABILITIES--ILLINOIS SUPREME COURT CONSTRUES FEDERAL GUN CONTROL ACT TO PERMIT STATE COURT TO REMOVE DOMESTIC VIOLENCE MISDEMEANANT'S FEDERAL FIREARMS DISABILITY. -- Coram v. State, 996 N.E.2d...
Judicial Review of Agency Change
The Supreme Court has offered little guidance on a critical issue in administrative law: how courts should identify whether an agency has changed a rule (1) or departed from precedent. The academic literature has similarly overlooked this issue. Yet...
Live Free and Nullify: Against Purging Capital Juries of Death Penalty Opponents
The work of death-qualifying a capital jury can be an intensive, (1) "exacting," (2) and ultimately high-stakes endeavor. (3) A jury is qualified, at least doctrinally, to sit in judgment of a peer facing death if its members' views on the death penalty...
The Due Process Exclusionary Rule
CONTENTS I. PREVAILING THEORIES OF THE EXCLUSIONARY RULE A. Deterrence 1. Deterring Too Little 2. Deterring Too Much 3. Precedent 4. Legitimacy B. Equitable Restoration C. Judicial Integrity D. Judicial...
The Politics of Financial Regulation and the Regulation of Financial Politics: A Review Essay
INTRODUCTION I. FINANCIAL RASHOMON A. The Central Banker B. THE ESTABLISHMENT ECONOMIST C. THE BANK REGULATOR D. THE PROSECUTOR E. THE LOBBYIST F. THE PROFESSORS II. FINANCIAL POLITICS A. THE CHALLENGE OF 2008 AND ITS LESSONS ...
The Politics of Financial Regulation and the Regulation of Financial Politics: A Review Essay
II. FINANCIAL POLITICS This Part of the Review Essay considers the challenge the financial crisis of 2008 presents to the current system of technocratic regulation by independent agencies. Simply put, the system failed. The question is: "Why?" ...
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