• Foreword: "1930s Redux: The Administrative State Under Siege," by Gillian E. Metzger
• Essay: "Unprecedented? Judicial Confirmation Battles and the Search for a Usable Past," by Josh Chafetz
• Comment: "Churches, Playgrounds, Government Dollars — and Schools?," by Douglas Laycock
• Comment: "Equality, Sovereignty, and the Family in Morales-Santana," by Kristin A. Collins
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. Student commentary is thus provided on eighteen of the Leading Cases of the 2016 Term, including such subjects as racial gerrymandering, freedom of speech, regulatory takings, right to effective counsel, equal protection, appellate jurisdiction, fair housing, immigration law, insider trading, venue in patent cases, and remedies for constitutional violations. Complete statistical graphs and tables of the Court's actions and results during the Term are included; these summaries and statistics, including voting patterns of individual Justices, have long been considered very useful to scholars of the Court in law and political science. Finally, the issue includes a linked Index of Cases and citations for the discussed opinions.
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. This current issue of the Review is November 2017, the first issue of academic year 2017-2018 (Volume 131). 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.
The principal articles and essays are written by internationally recognized legal scholars, and student-editors contribute substantial research in the form of Leading Cases commentaries.
• Foreword: “Does the Constitution Mean What It Says?," by David A. Strauss
• Comment: “Imperfect Statutes, Imperfect Courts: Understanding Congress’s Plan in the Era of Unorthodox Lawmaking,” by Abbe R. Gluck
• Comment: “Zivotofsky II as Precedent in the Executive Branch,” by Jack Goldsmith
• Comment: “A New Birth of Freedom?: Obergefell v. Hodges,” by Kenji Yoshino
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. Student commentary on Leading Cases of the 2014 Term includes recent cases on: private rights of action and Medicaid; government speech under the First Amendment; judicial campaign speech; Fourth Amendment standing; reasonable mistakes of law for searches and seizure; regulatory takings under the Fifth Amendment; preliminary injunctions in death penalty cases; separation of powers in bankruptcy jurisdiction; legislative control of redistricting; racial gerrymandering under the Fourteenth Amendment; dormant commerce clause and personal income tax; changing interpretive rules in administrative law; residual clause of the Armed Career Criminal Act; cost-benefit analysis under the Clean Air Act; mens rea for violating federal threats law; disparate impact and racial equality in fair housing law; nondelegation doctrine in the context of railroad-passenger law; religious liberty and land use; Sherman Act state action immunity; and destruction of evidence under Sarbanes-Oxley.
Complete statistical graphs and tables of the Court's actions and results during the Term are included; these summaries and statistics, including voting patterns of individual justices, have been considered very useful to scholars of the Court in law and political science. The issue includes a linked Table of Cases and citations for the opinions. Finally, the issue features 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. This current issue of the Review is November 2015, the first issue of academic year 2015-2016 (Volume 129).
Featured articles in this issue are from such recognized scholars as Jody Freeman and Jim Rossi, on the coordination of administrative agencies when they share regulatory space, and James Whitman, reviewing Bernard Harcourt's new book on the illusion of free markets as to prisons. Student contributions explore the law relating to antitrust law and business deception; the failed Google Books settlement; mergers and acquisitions; materiality in securities law; administrative law; patentable subject matter; and paid sick leave. Finally, the issue includes two Book Notes.
• 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.
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, "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, "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).
• 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.