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. 131, No. 3, January

Americans with Disabilities Act - Parole - Massachusetts Supreme Judicial Court Observes That Americans with Disabilities Act Applies to Parole
AMERICANS WITH DISABILITIES ACT--PAROLE--MASSACHUSETTS SUPREME JUDICIAL COURT OBSERVES THAT AMERICANS WITH DISABILITIES ACT APPLIES TO PAROLE.--Crowell v. Massachusetts Parole Board, 74 N.E.3d 618 (Mass. 2017). The mass incarceration and mistreatment...
Congressional Intent to Preclude Equitable Relief: Ex Parte Young after Armstrong
The Supreme Court's recent decision in Armstrong v. Exceptional Child Center, Inc. (1) has raised concerns within the healthcare community (2) and beyond (3) that Armstrong's limitation on courts' traditional equitable powers will have an inimical...
Criminal Law - Liability for Physical Harm - Trial Court Convicts Defendant of Involuntary Manslaughter Based on Encouragement of Suicide
CRIMINAL LAW--LIABILITY FOR PHYSICAL HARM--TRIAL COURT CONVICTS DEFENDANT OF INVOLUNTARY MANSLAUGHTER BASED ON ENCOURAGEMENT OF SUICIDE.--Commonwealth v. Carter, No. 15YO0001 NE (Mass. Juv. Ct. June 16, 2017). Can words kill? Recently, faced with...
Drug Policy - Marijuana Justice Act of 2017 - Senator Cory Booker Introduces Act to Repair the Harms Exacted by Marijuana Prohibition
DRUG POLICY--MARIJUANA JUSTICE ACT OF 2017--SENATOR CORY BOOKER INTRODUCES ACT TO REPAIR THE HARMS EXACTED BY MARIJUANA PROHIBITION.--Marijuana Justice Act of 2017, S. 1689, 115th Cong. Marijuana's prohibition and gradual legalization in the United...
Executive Power - Presidential Directives - in Tweets, President Purports to Ban Transgender Servicemembers. (Recent Social Media Posts)
EXECUTIVE POWER--PRESIDENTIAL DIRECTIVES--IN TWEETS, PRESIDENT PURPORTS TO BAN TRANSGENDER SERVICEMEMBERS. --Donald J. Trump (@realDonaldTrump), Twitter (July 26, 2017, 5:55-6:08 AM), https://perma.cc/X7J4-CUL3. As the sun was rising on July 26,...
First Amendment - Right of Access - D.C. Circuit Holds Press Cannot Unseal Classified Videos of Guantanamo Bay Detainee
FIRST AMENDMENT--RIGHT OF ACCESS--D.C. CIRCUIT HOLDS PRESS CANNOT UNSEAL CLASSIFIED VIDEOS OF GUANTANAMO BAY DETAINEE.--Dhiab v. Trump, 852 F.3d 1087 (D.C. Cir. 2017). The First Amendment provides that "Congress shall make no law ... abridging the...
Methodology for Locating Cases
In locating cases relevant to contempt against federal agencies, I initially performed traditional legal research in treatises, secondary literature, and cascades of citations in appellate case law. But, given the inadequacy of these methods for researching...
Sixth Amendment Challenge to Courthouse Dress Codes
Courthouses with dress codes require the public to conform to particular standards of attire in order to enter. They may be specific--for example, refusing entry to people wearing shorts, tank tops, hats, or clothing with writing or logos--or general--requiring...
Standing - Class Actions - Ninth Circuit Allows Fair Credit Reporting Act Class Action to Proceed Past Standing Challenge
STANDING--CLASS ACTIONS--NINTH CIRCUIT ALLOWS FAIR CREDIT REPORTING ACT CLASS ACTION TO PROCEED PAST STANDING CHALLENGE.--Robins v. Spokeo, Inc., 867 F.3d 1108 (9th Cir. 2017). When big technology companies engage in misconduct, the primary legal...
The Endgame of Administrative Law: Governmental Disobedience and the Judicial Contempt Power
CONTENTS INTRODUCTION I. FINES AGAINST THE AGENCY AS AN INSTITUTION A. The Baseline: Contempt Fines Against Nonfederal Institutions B. Uncertain Doctrine C. Judicial Behavior: Blocking Fines While Avoiding Big Questions ...
The Virtues of Heterogeneity, in Court Decisions and the Constitution
In recent decades, the project of integrating long-segregated American society has stalled, if not lurched into reverse. Though the impermissibility of de jure segregation remains well established, de facto segregation has metastasized, in many cases...
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