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. 8, June

A Bad Man Is Hard to Find
In January 2003, a young woman named Lavetta Elk got into a car with an Army recruiter whom she had known since she was sixteen. She believed that she had been accepted as an enlistee--her dream was to work eventually as an Army nurse--and that he...
Congressional Control of Foreign Assistance to Post-Coup States
I. INTRODUCTION On July 3, 2013, General Abdul Fattah al-Sisi, head of the Egyptian Armed Forces, announced that he had removed Mohamed Morsi--Egypt's first-ever democratically elected president--from power. (1) In the following days, the Egyptian...
First Amendment Common Sense
INTRODUCTION In Verizon v. FCC, (1) high-speed Internet access provider Verizon asserted that the December 2010 Federal Communications Commission (FCC) Open Internet Rules were subject to heightened scrutiny under the First Amendment. (2) Verizon's...
First Amendment - Freedom of Speech - Second Circuit Affirms Threats Conviction in Internet Speech Case
FIRST AMENDMENT--FREEDOM OF SPEECH--SECOND CIRCUIT AFFIRMS THREATS CONVICTION IN INTERNET SPEECH CASE.--United States v. Turner, 720 F.3d 411 (2d Cir. 2013). Threats and incitement are distinct but closely related categories of speech unprotected...
Immigration Law - Criminal Justice and Immigration Enforcement - California Limits Local Entities' Compliance with Immigration and Customs Enforcement Detainer Requests
IMMIGRATION LAW--CRIMINAL JUSTICE AND IMMIGRATION ENFORCEMENT--CALIFORNIA LIMITS LOCAL ENTITIES' COMPLIANCE WITH IMMIGRATION AND CUSTOMS ENFORCEMENT DETAINER REQUESTS.--Trust Act, 2013 Cal. Stat. 4650 (codified at Cal. Gov't Code [section][section]...
Introduction
I. INTRODUCING THE ARTICLES This Introduction tries to extract some general themes from the Articles here and to present them in the light cast by general constitutional theory. To that end, I provide brief summaries, focusing in particular on matters...
Mediation of Investor-State Conflicts
INTRODUCTION Foreign investment has grown into a large and important part of the global economy. To facilitate and promote investment, states have erected an intricate web of treaties guaranteeing legal rights to investors and permitting those investors...
More Than a Feeling: Emotion and the First Amendment
New York Times Co. v. Sullivan (1) remains a foundational case even as the First Amendment issues occupying the courts today have significantly changed. Modern speech regulations can take many forms; the "new school" Jack Balkin identifies has supplemented,...
Old-School/new-School Speech Regulation
INTRODUCTION: DANCING IN THE STREETS New York Times Co. v. Sullivan (1) and New York Times Co. v. United States (2) (Pentagon Papers) are two famous examples of a great flowering of First Amendment jurisprudence during the middle of the twentieth...
Press Exceptionalism
I am very much afraid of definitions, and yet one is almost forced to make them. One must take care, too, not to be inhibited by them. (1) INTRODUCTION The Occupy Wall Street movement was one of the largest grassroots political demonstrations...
State-Action Doctrine - Enforcement of Foreign Judgments - Ninth Circuit Holds That Enforcement of Foreign Judgment Is Not State Action for Purposes of Constitutional Scrutiny
STATE-ACTION DOCTRINE--ENFORCEMENT OF FOREIGN JUDGMENTS--NINTH CIRCUIT HOLDS THAT ENFORCEMENT OF FOREIGN JUDGMENT IS NOT STATE ACTION FOR PURPOSES OF CONSTITUTIONAL SCRUTINY.--Naoko Ohno v. Yuko Yasuma, 723 F.3d 984 (9th Cir 2013). The enforcement...
Telecommunications Law - Internet Regulation - D.C. Circuit Holds That Federal Communications Commission Violated Communications Act in Adopting Open Internet Rules
TELECOMMUNICATIONS LAW--INTERNET REGULATION--D.C. CIRCUIT HOLDS THAT FEDERAL COMMUNICATIONS COMMISSION VIOLATED COMMUNICATIONS ACT IN ADOPTING OPEN INTERNET RULES.--Verizon v. FCC, 740 F.3d 623 (D.C. Cir 2014). In December 2010, after several years...
The Criminal Court Audience in a Post-Trial World
CONTENTS INTRODUCTION I. THE JURY AND THE AUDIENCE A. A CRITIQUE OF THE JURY-CENTRIC APPROACH B. DISTINGUISHING THE AUDIENCE FROM THE JURY C. THE EXCLUSION OF THE AUDIENCE TODAY II. THE AUDIENCE AND THE RIGHT TO A PUBLIC TRIAL A. CHECKING...
The Criminal Court Audience in a Post-Trial World
III. THE AUDIENCE AND THE RIGHT TO A PUBLIC ADJUDICATION In order for local community members to be able to understand, discuss, react to, and hold accountable the behavior of local criminal justice institutions--in order for the Constitution to...
The "New" New York Times: Free Speech Lawyering in the Age of Google and Twitter
INTRODUCTION When Ben Lee was at Harvard Law School in the 1990s, he spent three months as a summer associate at the law firm then known as Lord, Day & Lord, which had represented the New York Times (1) in New York Times Co. v. Sullivan. (2)...
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