Article, "Agency Self-Insulation Under Presidential Review," by Jennifer Nou
Commentary, "The Office of Information and Regulatory Affairs: Myths and Realities," by Cass R. Sunstein
SYMPOSIUM: PRIVACY AND TECHNOLOGY
"Introduction: Privacy Self-Management and the Consent Dilemma," by Daniel J. Solove "What Privacy Is For," by Julie E. Cohen
"The Dangers of Surveillance," by Neil M. Richards
"The EU-U.S. Privacy Collision: A Turn to Institutions and Procedures," by Paul M. Schwartz
"Toward a Positive Theory of Privacy Law," by Lior Jacob Strahilevitz
Book Review, "Does the Past Matter? On the Origins of Human Rights," by Philip Alston
A student Note explores "Enabling Television Competition in a Converged Market." In addition, extensive student analyses of Recent Cases discuss such subjects as First Amendment implications of falsely wearing military uniforms, First Amendment implications of public employment job duties, justiciability of claims that Scientologists violated trafficking laws, habeas corpus law, and ineffective assistance of counsel claims. Finally, the issue includes several summaries of Recent Publications. This issue of the Review is May 2013, the 7th issue of academic year 2012-2013 (Volume 126).
The Harvard Law Review is offered in a digital edition for ereaders, featuring active Contents, linked footnotes, legible tables, and proper ebook formatting. This current issue of the Review is November 2012, the first issue of academic year 2012-2013 (Volume 126).
The November issue is the special annual review of the Supreme Court’s previous term. Each year, the issue is introduced by noteworthy andextensive articles from recognized scholars. In this issue, the Foreword is authored by Pamela Karlan, on “democracy and disdain.” Extensive Comments by Gillian Metzger and Martha Minow explore the Supreme Court’s decision on the Affordable Health Care Act and Chief Justice Roberts’s reasoning, while Stephanos Bibas discusses the gray market of plea bargaining and the potential involvement of neutral judges in the process.
In addition, the first issue of each new volume provides an extensive summary of the important cases of the previous Supreme Court docket, covering a wide range of legal, political and constitutional subjects.
Article, "Racial Capitalism," by Nancy Leong
Essay, "Shallow Signals," by Bert I. Huang
Book Review, "All Unhappy Families: Tales of Old Age, Rational Actors, and the Disordered Life," by Ariela R. Dubler
Book Review, "Lawyers, Law, and the New Civil Rights History," by Risa Goluboff
Note, "Recasting the U.S. International Trade Commission’s Role in the Patent System"
Note, "Juvenile Miranda Waiver and Parental Rights" Note, "The Province of the Jurist: Judicial Resistance to Expert Testimony on Eyewitnesses as Institutional Rivalry"
Note, "Proposing a Locally Driven Entrepreneur Visa"
In addition, the issue features student commentary on Recent Cases, including such subjects as Illinois’s ban on public carry of firearms, "bookmarking" of infringing material as a copyright violation, causation and criminals' statutory restitution, free movement rights in the EU, local bottling and the dormant commerce clause, and binding unnamed class members with a denial of class action certification. Finally, the issue includes notes on Recent Publications as well as a comprehensive Index to Volume 126 (2012-2013).
• Article, “The Limits of Unbundled Legal Assistance: A Randomized Study in a Massachusetts District Court and Prospects for the Future,” by D. James Greiner, Cassandra Wolos Pattanayak, and Jonathan Hennessy
• Book Review, “Stochastic Constraint,” by Neal Kumar Katyal
• Note, “Counteracting the Bias: The Department of Labor’s Unique Opportunity to Combat Human Trafficking”
• Note, “Tilling the Vast Wasteland: The Case for Reviving Localism in Public Interest Obligations for Cable Television”
• Note, “Preemption as Purposivism’s Last Refuge”
• Note, “The Meaning(s) of ‘The People’ in the Constitution
• Note, “Indian Canon Originalism”
The issue includes In Memoriam contributions about the life, scholarship, and teaching of Roger Fisher. Contributors include Martha Minow, Robert Mnookin, and Bruce Patton.
• Article, “Politicians as Fiduciaries,” by D. Theodore Rave
• Book Review, “Is Copyright Reform Possible?” by Pamela Samuelson
• Note, “The SEC Is Not an Independent Agency”
In addition, student research explores Recent Cases on the Fourth Amendment implications of “pinging” a GPS signal on a cellphone, the First Amendment and mandatory tobacco graphic warnings, the First Amendment and police impersonation statutes, whether software method claims are patent ineligible, and other research.
active Contents, linked notes, and proper ebook formatting. The contents of
Issue 2, December 2012, include:
• Historical Gloss and the
Separation of Powers
by Curtis A. Bradley and Trevor W. Morrison
Aggregate Litigation Goes Public: Representative Suits by State Attorneys
by Margaret H. Lemos
• Fixing Washington
Richard L. Hasen
• Ending Student Loan Exceptionalism: The Case
for Risk-Based Pricing and Dischargeability
In addition, several case
commentaries by students explore recent cases on Equal Protection as to gay
marriage, application of Miranda to Somali pirates, OSHA statutes of limitation,
Fourth Amendment applications to DNA searches, environmental law and greenhouse
gas rules, and willful blindness as "knowledge" in digital copyright law.
Finally, the issue includes a student study of a recent regulation regarding
health care reform.
Article, "Multistage Adjudication," by Louis Kaplow
Book Review, "Humanizing the Criminal Justice Machine: Re-Animated Justice or Frankenstein's Monster?" by Nicola Lacey
Note, "Importing a Trade or Business Limitation into sec. 2036: Toward a Regulatory Solution to FLP-Driven Transfer Tax Avoidance"
Note, "The Benefits of Unequal Protection" Note, "Diagnostic Method Patents and Harms to Follow-On Innovation"
Note, "Three Formulations of the Nexus Requirement in Reasonable Accommodations Law"
In addition, student research explores Recent Cases on the intersection of age discrimination claims and sec. 1983 claims, the First Amendment implications of restricting airline ads and of compelled speech in suicide advisories, whether transactions in unlisted securities are "domestic," whether employee misuse of computers violates the Computer Fraud and Abuse Act, and prudential standing in environmental cases. Finally, the issue includes a Recent Book essay and several book notes of Recent Publications.
This issue of the Review is March 2013, the fifth issue of academic year 2012-2013 (Volume 126).
The issue also includes an article by Lee Anne Fennell on transaction costs, Coase, and “resource access costs,” as well as a review essay by David Strauss on the “unwritten” Constitution and a new book by Akhil Reed Amar.
• Article, "On the Relevance of Market Power," by Louis Kaplow
• Book Review, "Spiraling: Evictions and Other Causes and Consequences of Housing Instability," by Vicki Been and Leila Bozorg (reviewing Matthew Desmond's Evicted: Poverty and Profit in the American City)
• Note, "Rights in Flux: Nonconsequentialism, Consequentialism, and the Judicial Role"
• Note, "The Misguided Appeal of a Minimally Adequate Education"
Furthermore, student commentary analyzes Recent Cases on: separation of powers and the appointments clause; personal jurisdiction in anti-terrorism act cases arising on foreign soil; deference to agency interpretations in conflict with circuit precedent; judicial review of zoning in light of DC's comprehensive plan; use of algorithmic risk assessments in sentencing; whether mother's debt for juvenile-detention costs of minor is dischargeable in bankruptcy; and whether ERISA preempt Michigan's Medicaid tax law. Finally, the issue includes two summaries of Recent Publications.
The Harvard Law Review is offered in a quality digital edition, featuring active Contents, linked footnotes, active URLs, legible tables, and proper ebook and Bluebook formatting. The Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. It comes out monthly from November through June and has roughly 2500 pages per volume. Student editors make all editorial and organizational decisions. This is the fifth issue of academic year 2016-2017.
• Article, "A Contextual Approach to Harmless Error Review," by Justin Murray
• Book Review, "Courting Abolition," by Deborah W. Denno
• Book Review, "This Land Is My Land?" by Tracey Meares
• Note, "Clarifying Kiobel's 'Touch and Concern' Test"
• Note, "If These Walls Could Talk: The Smart Home and the Fourth Amendment Limits of the Third Party Doctrine"
Furthermore, student commentary analyzes Recent Cases on: trademark law and applying the Lanham Act to wholly foreign sales; election law and the test for partisan gerrymandering; civil procedure and whether service of process may be accomplished internationally via Twitter; felon disenfranchisement and the governor's clemency power; international law and sentencing for war crime of attacking cultural heritage; and international arbitration and whether Uruguay's anti-tobacco regulations violate Philip Morris's investment rights. Finally, the issue includes two summaries of Recent Publications.
The Harvard Law Review is offered in a quality digital edition, featuring active Contents, linked footnotes, active URLs, legible tables, and proper ebook and Bluebook formatting. The Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. It comes out monthly from November through June and has roughly 2500 pages per volume. Student editors make all editorial and organizational decisions. This is the seventh issue of academic year 2016-2017.