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. 8, June

Administrative Law - Auer Deference - Seventh Circuit Defers to Department of Education Amicus Brief Interpreting Student Loan Regulations
ADMINISTRATIVE LAW--AUER DEFERENCE--SEVENTH CIRCUIT DEFERS TO DEPARTMENT OF EDUCATION AMICUS BRIEF INTERPRETING STUDENT LOAN REGULATIONS.--Bible v. United Student Aid Funds, Inc., 799 F.3d 633 (7th Cir.), reh'g denied, 807 F.3d 839 (7th Cir. 2015),...
Admiralty Law - Removal - Seventh Circuit Holds That 2011 Amendment to 28 U.S.C. S. 1441 Permits Removal Based Solely on Admiralty Jurisdiction
ADMIRALTY LAW--REMOVAL--SEVENTH CIRCUIT HOLDS THAT 2011 AMENDMENT TO 28 U.S.C. [section] 1441 PERMITS REMOVAL BASED SOLELY ON ADMIRALTY JURISDICTION.--Lu Junhong v. Boeing, 792 F.3d 805 (7th Cir.), reh'g en banc denied, No. 14-1825 (7th Cir. Aug. 10,...
Chinese Common Law? Guiding Cases and Judicial Reform
Half a century ago, writing in this Review, Professor Jerome Cohen traced the "gradual abandonment" of the judicial- independence ideal in the early years of Chinese Communist Party rule. (1) Despite this trend, Cohen suggested, China's leaders may...
Copyright Law - Digital Millennium Copyright Act - Ninth Circuit Requires Analysis of Fair Use before Issuing of Takedown Notices
COPYRIGHT LAW--DIGITAL MILLENNIUM COPYRIGHT ACT--NINTH CIRCUIT REQUIRES ANALYSIS OF FAIR USE BEFORE ISSUING OF TAKEDOWN NOTICES.--Lenz v. Universal Music Corp., No. 13-16106, 2016 WL 1056082 (9th Cir. Mar. 17, 2016), reh'g en banc denied, id. The...
Criminal Law - Controlled Substances Act - District Court Denies Oxycodone Distributor's Post-Trial Motions in Penalty-Enhancement Case
CRIMINAL LAW--CONTROLLED SUBSTANCES ACT--DISTRICT COURT DENIES OXYCODONE DISTRIBUTOR'S POST-TRIAL MOTIONS IN PENALTY-ENHANCEMENT CASE.--United States v. Smith, No. 6:13-34-KKC, 2015 WL 4458891 (E.D. Ky. July 21, 2015). Under the Controlled Substances...
First Amendment - Offense-Based Bar on Trademark Registration - Federal Circuit Holds the Lanham Act's Antidisparagement Provision Unconstitutional
FIRST AMENDMENT--OFFENSE-BASED BAR ON TRADEMARK REGISTRATION --FEDERAL CIRCUIT HOLDS THE LANHAM ACT'S ANTIDISPARAGEMENT PROVISION UNCONSTITUTIONAL.--In re Tam, 808 F.3d 1321 (Fed. Cir. 2015) (en banc). Passed in 1946, section 2(a) of the Lanham...
Major Question Objections
The Supreme Court constantly mediates the relationship between law and administration. Of the tools available for that task, none sees more use than the ubiquitous Chevron (1) doctrine, which establishes the conditions for judicial deference to administrative...
OSHA's Feasibility Policy: The Implications of the "Infeasibility" of Respirators
In 1970, Congress enacted the Occupational Safety and Health Act (1) (OSH Act). As part of its comprehensive framework for promoting safe working conditions, the statute empowered the Occupational Safety and Health Administration (OSHA) to establish...
Securities Law - Rule 10b-5 - Ninth Circuit Effectively Eliminates Adverse Interest Exception as a Defense to 'Fraud on the Market' Claims
SECURITIES LAW--RULE 10B-5--NINTH CIRCUIT EFFECTIVELY ELIMINATES ADVERSE-INTEREST EXCEPTION AS A DEFENSE TO FRAUD-ON-THE-MARKET CLAIMS.--In re ChinaCast Education Corp. Securities Litigation, 809 F.3d 471 (9th Cir. 2015). Because corporations cannot...
Systemic Facts: Toward Institutional Awareness in Criminal Courts
CONTENTS INTRODUCTION I. SYSTEMIC CRIMINAL JUSTICE, TRANSACTIONAL CRIMINAL COURTS A. The Regulatory Jurisprudence of Constitutional Criminal Law B. The Challenge of Transactional Myopia C. A Partial Critique of the New Administrativist Turn ...
Title VII - Sex Discrimination - Fourth Circuit Applies "Unequal Burdens" Analysis to Gender-Normed Fitness Test
TITLE VII--SEX DISCRIMINATION--FOURTH CIRCUIT APPLIES "UNEQUAL BURDENS" ANALYSIS TO GENDER-NORMED FITNESS TEST.--Bauer v. Lynch, 812 F.3d 340 (4th Cir.), reh'g en banc denied, No. 14-2323 (4th Cir. Mar. 8, 2016). In employment law, men and women...
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