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. 128, No. 2, December

Antitrust - Foreign Trade Antitrust Improvements Act - Second Circuit Adopts Minn-Chem Test for Domestic Effects
The Foreign Trade Antitrust Improvements Act of 1982 (1) (FTAIA) establishes as a default rule that the Sherman Act (2) does not apply to nonimport foreign commerce. (3) However, the so-called "domestic effects" exception of the FTAIA permits Sherman...
Citizens United at Work: How the Landmark Decision Legalized Political Coercion in the Workplace
Imagine that you are a construction worker for a large, nonunion corporation. One day, your boss tells you that for two months leading up to the next national election, you and several other employees will work full time for the Koch brothers' Super...
Constitutional Law - Incorporation - Puerto Rico District Court Holds That the Seventh Amendment Applies to States, Commonwealths, and Territories
All but a handful of the protections of the Bill of Rights have been applied to the states through the doctrine of incorporation. (1) In 2010, the Supreme Court entered its latest pronouncement on incorporation, applying the Second Amendment to the...
Constitutional Law - State Action - Ninth Circuit Rejects Due Process Limit on Credit Card Fees
In recent decades, the Supreme Court has held that excessive punitive damage awards in tort suits violate the Due Process Clause. (1) Consumer advocates have invoked the Court's punitive damages decisions to challenge contractual credit card penalty...
Data Mining, Dog Sniffs, and the Fourth Amendment
An algorithm, designed to probe a database containing all personal data available to the government, sees that you have recently bought some fertilizer and a large truck, and that you have emailed someone with a .lb (Lebanon) email address. Seeing...
First Amendment - Freedom of Speech - D.C. Circuit Holds Unconstitutional District of Columbia's Tour Guide Licensing Regulation
In recent years, businesses have launched successful First Amendment challenges to regulations affecting commercial speech (1) in a number of high-profile cases. (2) Some scholars have found the increasing protection of formerly disfavored commercial...
Fourth Amendment - Search and Seizure and Evidence Retention - Second Circuit Creates a Potential "Right to Deletion" of Imaged Hard Drives
One of the most pressing challenges facing the legal world today is the application of constitutional law to rapidly evolving technology --particularly the application of the Fourth Amendment protection from unreasonable search and seizure to the digital...
International Criminal Law - Sexual and Gender-Based Crimes - ICC Outlines Policies to Improve Prosecutorial Outcomes: The Office of the Prosecutor of the ICC, Policy Paper on Sexual and Gender-Based Crimes
On March 7, 2014, the International Criminal Court (ICC) issued a judgment in the case of Prosecutor v. Katanga. (1) Germain Katanga was acquitted of rape and sexual slavery, charged as crimes against humanity and as war crimes. (2) This verdict was...
Internet Law - Protection of Personal Data - Court of Justice of the European Union Creates Presumption That Google Must Remove Links to Personal Data upon Request
In 1995, the European Council passed Directive 95/46 on the Protection of Individuals with Regard to the Processing of Personal Data and on the Free Movement of Such Data ("the Directive"). (1) Proposed in 1990, when the Internet did not yet exist...
Labor Law - Sexual Harassment and Collective Action - NLRB Holds That the NLRA Protects Workers Seeking Colleagues' Assistance in Filing Sexual Harassment Complaints: Fresh & Easy Neighborhood Market, Inc
Labor law, which provides an avenue for the collective action of employees, and employment law, which allows persons to bring individual grievances against their employers, both govern the American workplace but often are seen as antagonistic to each...
Nonbinding Bondage
To the shock of critics, Fifty Shades of Grey has become a cultural phenomenon, sweeping from fan-fiction websites to bestseller lists and garnering a multimillion-dollar movie deal. In the narrative that has spawned over a hundred million copies,...
The (Non)finality of Supreme Court Opinions
3. "Printer Proofs" and "Change Pages."--The third and final way that the Court has revised its opinions subsequent to their initial announcement and publication is the least transparent. It is accomplished through what are sometimes referred to euphemistically...
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