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. 132, No. 2, December

Antitrust Remedies for Labor Market Power
CONTENTS I. THE RISE OF LABOR MONOPSONY A. The Economics of Labor Market Power 1. The Intellectual History of Monopsony 2. The Sources of Monopsony Power 3. The Social Cost of Monopsony 4. Recent Developments:...
Asylum Law - Attorney General's Certification Power - Attorney General Holds That Salvadoran Woman Fleeing Domestic Violence Failed to Establish a Cognizable Particular Social Group
ASYLUM LAW--ATTORNEY GENERAL'S CERTIFICATION POWER--ATTORNEY GENERAL HOLDS THAT SALVADORAN WOMAN FLEEING DOMESTIC VIOLENCE FAILED TO ESTABLISH A COGNIZABLE PARTICULAR SOCIAL GROUP.--In re A-B-, 27 I. & N. Dec. 316 (Att'y Gen. 2018). Asylum adjudications...
Contract Law - Canons of Interpretation - Sixth Circuit Invokes Contra Proferentem as Default Rule for Resolving Ambiguous Contract Provisions
CONTRACT LAW--CANONS OF INTERPRETATION--SIXTH CIRCUIT INVOKES CONTRA PROFERENTEM AS DEFAULT RULE FOR RESOLVING AMBIGUOUS CONTRACT PROVISIONS.--Heimer v. Companion Life Insurance Co., 879 F.3d 172 (6th Cir. 2018). In Heimer v. Companion Life Insurance...
Cross-Enforcement of the Fourth Amendment
CONTENTS INTRODUCTION I. THE CURRENT LAW OF CROSS-ENFORCEMENT A. Cross-Enforcement Up: State Enforcement of Federal Law 1. Cross-Enforcement Up Is Permitted If State Law Authorizes It 2. Cross-Enforcement Up Is Permitted...
Equal Protection - Race Discrimination - Eleventh Circuit Reverses Dismissal of Discrimination Claim Relying on Historical and Statistical Evidence
EQUAL PROTECTION--RACE DISCRIMINATION--ELEVENTH CIRCUIT REVERSES DISMISSAL OF DISCRIMINATION CLAIM RELYING ON HISTORICAL AND STATISTICAL EVIDENCE.--Lewis v. Governor of Alabama, 896 F.3d 1282 (11th Cir. 2018). In 1901, Alabama adopted a state constitution--still...
National Security Law - Army Regulation 190-8 - Fourth Circuit Holds Taliban Member Not Entitled to Combatant Immunity
NATIONAL SECURITY LAW--ARMY REGULATION 190-8--FOURTH CIRCUIT HOLDS TALIBAN MEMBER NOT ENTITLED TO COMBATANT IMMUNITY.--United States v. Hamidullin, 888 F.3d 62 (4th Cir. 2018). American courts have struggled to apply the laws of war to the detention...
State Constitutional Law - Abortion Law - Iowa Supreme Court Applies Strict Scrutiny to Abortion Restriction
STATE CONSTITUTIONAL LAW--ABORTION LAW--IOWA SUPREME COURT APPLIES STRICT SCRUTINY TO ABORTION RESTRICTION.--Planned Parenthood of the Heartland v. Reynolds, 915 N.W.2d 206 (Iowa 2018). In Roe v. Wade, (1) the United States Supreme Court held that...
The "Guarantee" Clause
CONTENTS INTRODUCTION I. THE EIGHTEENTH-CENTURY MEANINGS OF "GUARANTEE" A. Dictionary Definitions of "Guarantee" and "Guaranty" B. "Guarantee" as an International Law Term of Art II. "GUARANTEE" IN THE GUARANTEE CLAUSE AS A TERM OF ART...
The Paradox of "Progressive Prosecution"
When Freddie Gray woke up on April 12, 2015, he surely did not know that he would soon enter a coma only to die a week later. That morning, he walked to breakfast in his old West Baltimore neighborhood with two of his best friends. (1) The restaurant...
The Right to Be Heard from Immigration Prisons: Locating a Right of Access to Counsel for Immigration Detainees in the Right of Access to Courts
INTRODUCTION The United States government holds 39,000 people in immigration detention every day. (1) In 2016, U.S. Immigration and Customs Enforcement (ICE) detained 359,520 people. (2) And those numbers are only increasing: ICE requested a budget...
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