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. 129, No. 6, April

Education - Charter Schools - Washington Supreme Court Holds Charter School Act Violates State Constitution
Education--Charter Schools--Washington Supreme Court Holds Charter School Act Violates State Constitution.--League of Women Voters of Washington v. State, 355 P.3d 1131 (Wash. 2015). As its "paramount" constitutional duty, Washington State must...
Excessive Force - Qualified Immunity - Seventh Circuit Rules SWAT Raid Based on "Perfunctory" Investigation Unreasonable
Excessive Force--Qualified Immunity--Seventh Circuit Rules SWAT Raid Based on "Perfunctory" Investigation Unreasonable.--Milan v. Bolin, 795 F.3d 726 (7th Cir. 2015), cert. denied, 2016 WL 763262 (U.S. Feb. 29, 2016). Thinking about contemporary...
First Amendment - Prior Restraints - Ninth Circuit Calls Preliminary Injunction in Copyright Infringement Suit a Prior Restraint
First Amendment--Prior Restraints--Ninth Circuit Calls Preliminary Injunction in Copyright Infringement Suit a Prior Restraint.--Garcia v. Google, Inc., 786 F.3d 733 (9th Cir. 2015) (en banc). "Prior restraints"--administrative and judicial orders...
Fresh Pursuit from Indian Country: Tribal Authority to Pursue Suspects onto State Land
Around 1:30 a.m. on August 10, 2005, while on patrol in the Lummi Reservation, Officer Mike McSwain of the Lummi Nation Police Department observed a car driving toward him with its high beams on. (1) As the car approached, the driver, later identified...
ICRA Reconsidered : New Interpretations of Familiar Rights
Shortly after the passage of the Indian Civil Rights Act of 1968 (1) (ICRA), the Harvard Law Review published a Note discussing potential avenues for courts to interpret the new statute and protect both tribal interests and fundamental rights. (2)...
National Security - Bivens Remedies - D.C. Circuit Holds That U.S. Citizen Detained and Interrogated Abroad Cannot Hold FBI Agents Individually Liable for Violations of His Constitutional Rights
NATIONAL SECURITY--BIN NS REMEDIES--D.C. CIRCUIT HOLDS THAT U.S. CITIZEN DETAINED AND INTERROGATED ABROAD CANNOT HOLD FBI AGENTS INDIVIDUALLY LIABLE FOR VIOLATIONS OF HIS CONSTITUTIONAL RIGHTS.--Meshal v. Higgenbotham, 804 F.3d 417 (D.C. Cir. 2015),...
Reconstructivism: The Place of Criminal Law in Ethical Life
D. Why Not Say It with Flowers? The last section argued that punishment's function is to reconstruct embodied ethical life, but is punishment necessary for that purpose? Why does punishment's message have to be encoded in the form of pain? (103)...
Rule of Law Tropes in National Security
INTRODUCTION In December 2013, a challenge to terrorist watchlists improbably went to trial in a San Francisco federal courtroom. Dr. Rahinah Ibrahim, a Malaysian architecture professor barred from air travel and stripped of her U.S. visa nearly...
Securing Indian Voting Rights
Naomi White resides outside Window Rock, Arizona, an area within the Navajo Nation so rural that the Postal Service does not provide home delivery. (1) Because White's voter-registration application bore a physical address that was "too obscure," the...
State Constitutional Law - Religious Displays on State Property - Oklahoma Supreme Court Rules Ten Commandments Monument Unconstitutional
State Constitutional Law--Religious Displays on State Property--Oklahoma Supreme Court Rules Ten Commandments Monument Unconstitutional.--Prescott v. Oklahoma Capitol Preservation Commission, No. 113,332, 2015 WL 3982750 (Okla. July 27, 2015). For...
The Double Life of International Law: Indigenous Peoples and Extractive Industries
Now is an explosive time in international law. It is a time in which the common interest of international society is being dramatically restructured as new forces and legal standards shape the way human communities think and act. Of these forces, two...
Tribal Executive Branches: A Path to Tribal Constitutional Reform
In the modern era, tribes have made tremendous gains in retaining--and reclaiming--their sovereignty. (1) But despite this external progress, some tribes have struggled to overcome internal governance challenges. (2) One such challenge is presented...
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