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Harvard Law Review, 124: 1 (2010)
posted by Harvard Law Review
Volume 124 · November 2010 · Number 1
The Supreme Court 2009 Term
FOREWORD
Federalism All the Way Down
Heather K. Gerken
COMMENTS
Citizens United v. FEC: Corporate Political Speech
Corporate Political Speech: Who Decides?
Lucian A. Bebchuk and Robert J. Jackson, Jr.
On Political Corruption
Samuel Issacharoff
Two Concepts of Freedom of Speech
Kathleen M. Sullivan
LEADING CASES
CRIMINAL LAW AND PROCEDURE
Fourth Amendment — Reasonable Expectation of Privacy: City of Ontario v. Quon.
Fifth Amendment — Invocation of the Right to Cut Off Questioning: Berghuis v. Thompkins.
Sixth Amendment — Effective Assistance of Counsel: Padilla v. Kentucky.
Eighth Amendment — Juvenile Life Without Parole Sentences: Graham v. Florida.
ESTABLISHMENT CLAUSE
Endorsement Test: Salazar v. Buono.
FOURTEENTH AMENDMENT
Incorporation of the Right to Keep and Bear Arms: McDonald v. City of Chicago.
FREEDOM OF SPEECH AND EXPRESSION
Categorical Exclusions: United States v. Stevens.
Material Support for Terrorism: Holder v. Humanitarian Law Project
Public Disclosure of Referendum Petitions: Doe v. Reed.
NECESSARY AND PROPER CLAUSE
Civil Commitment: United States v. Comstock.
SEPARATION OF POWERS
Removal Power: Free Enterprise Fund v. Public Company Accounting Oversight Board.
TAKINGS CLAUSE
Judicial Takings: Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection.
DIVERSITY JURISDICTION
Corporate Citizenship: Hertz Corp. v. Friend.
FEDERAL RULES OF CIVIL PROCEDURE
Preemption of State Procedural Rules: Shady Grove Othopedic Associates, P.A. v. Allstate Insurance Co.
STATUS OF INTERNATIONAL LAW
Deference to the Executive — Hague Convention on the Civil Aspects of International Child Abduction: Abbott v. Abbott.
CIVIL RIGHTS ACT, TITLE VII
Statute of Limitations: Lewis v. City of Chicago.
CIVIL RIGHTS ATTORNEY’S FEES AWARD ACT
Performance-Based Enhancements: Perdue v. Kenny A. ex rel. Winn.
HONEST SERVICES FRAUD
Covered Offenses: Black v. United States; Skilling v. United States; Weyhrauch v. United States.
PATENT
Patent-Eligible Subject Matter: Bilski v. Kappos.
REVIEW OF ADMINISTRATIVE ACTION
National Labor Relations Act — Agency Jurisdiction: New Process Steel, L.P. v. NLRB.
RICO ACT
Proximate Causation: Hemi Group, LLC v. City of New York.
SHERMAN ACT
Quick Look Rule of Reason — American Needle, Inc. v. National Football League.
STATISTICS
The Statistics
RECENT PUBLICATIONS
Recent Publications
November 20, 2010 at 11:23 am
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Harvard Law Review, 123: 8 (2010)
posted by Harvard Law Review
Volume 123 · June 2010 · Number 8
ARTICLES
The Eleventh Amendment and the Nature of the Union
Bradford R. Clark
The Easy Case for Products Liability Law: A Response to Professors Polinsky and Shavell
John C.P. Goldberg and Benjamin C. Zipursky
A Skeptical Attitude About Product Liability Is Justified: A Reply to Professors Goldberg and Zipursky
A. Mitchell Polinsky and Steven Shavell
BOOK REVIEW
The Lure of Large Numbers
John Ferejohn
Admitting Doubt: A New Standard for Scientific Evidence
Justifying the Chevron Doctrine: Insights from the Rule of Lenity
Uncommon Goods: On Environmental Virtues and Voluntary Carbon Offsets
RECENT PUBLICATIONS
Recent Publications
June 20, 2010 at 2:00 pm
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Harvard Law Review, 123: 7 (2010)
posted by Harvard Law Review
Volume 123 · May 2010 · Number 7
ARTICLE
Bundling and Entrenchment
Lucian A. Bebchuk and Ehud Kamar
2009 OLIVER WENDELL HOLMES LECTURES
Dignity and Defamation: The Visibility of Hate
Jeremy Waldron
BOOK REVIEW
Cause Lawyering for People with Disabilities
Michael Ashley Stein, Michael E. Waterstone, and David B. Wilkins
NOTES
The Pakistani Lawyers’ Movement and the Popular Currency of Judicial Power
The Ineligibility Clause’s Lost History: Presidential Patronage and Congress, 1787—1850
Overbreadth and Listeners’ Rights
RECENT PROPOSED LEGISLATION
Congress Considers Bill To Prohibit Employment Discrimination on the Basis of Sexual Orientation and Gender Identity. — Employment Nondiscrimination Act of 2009, H.R. 3017, 111th Cong. (2009).
RECENT PUBLICATIONS
Recent Publications
May 20, 2010 at 1:58 pm
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Harvard Law Review, 123: 6 (2010)
posted by Harvard Law Review
Volume 123 · April 2010 · Number 6
ARTICLES
Race, Region, and Vote Choice in the 2008 Election: Implications for the Future of the Voting Rights Act
Stephen Ansolabehere, Nathaniel Persily, and Charles Stewart III
The Uneasy Case for Product Liability
A. Mitchell Polinsky and Steven Shavell
NOTE
The Best of a Bad Lot: Compromise and Hybrid Religious Exemptions
RECENT REGULATION
FTC Extends Endorsement and Testimonial Guides To Cover Bloggers. — 74 Fed. Reg. 53,124 (Oct. 15, 2009) (to be codified at 16 C.F.R. pt. 255).
RECENT PUBLICATIONS
Recent Publications
April 20, 2010 at 1:48 pm
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Harvard Law Review, 123: 5 (2010)
posted by Harvard Law Review
Volume 123 · March 2010 · Number 5
ARTICLES
Economic Crisis and the Rise of Judicial Elections and Judicial Review
Jed Handelsman Shugerman
Shareholder Opportunism in a World of Risky Debt
Richard Squire
ESSAY
Inducing Moral Deliberation: On the Occasional Virtues of Fog
Seana Valentine Shiffrin
DEVELOPMENTS IN THE LAW
Developments in the Law – State Action and the Public/Private Distinction
Designing a Prisoner Reentry System Hardwired To Manage Disputes
March 19, 2010 at 10:09 am
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Harvard Law Review, 123: 4 (2010)
posted by Harvard Law Review
Volume 123 · February 2010 · Number 4
ARTICLE
Intellectual Property Law and the Sumptuary Code
Barton Beebe
BOOK REVIEW
The Possibilities and Limitations of Privatization
Edward Rubin
NOTES
Prosecutorial Power and the Legitimacy of the Military Justice System
Badging: Section 230 Immunity in a Web 2.0 World
Making Ballot Initiatives Work: Some Assembly Required
RECENT PUBLICATIONS
Recent Publications
March 2, 2010 at 10:38 am
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Harvard Law Review, 123: 3 (2010)
posted by Harvard Law Review
Volume 123 · January 2010 · Number 3
ARTICLES
Complementary Constraints: Separation of Powers, Rational Voting, and Constitutional Design
Jide O. Nzelibe and Matthew C. Stephenson
Enabling Employee Choice: A Structural Approach to the Rules of Union Organizing
Benjamin I. Sachs
NOTE
Central Bank and Intellectual Property
January 22, 2010 at 3:05 pm
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Harvard Law Review, 123: 2 (2009)
posted by Harvard Law Review
Volume 123 · December 2009 · Number 2
ARTICLES
Tying, Bundled Discounts, and the Death of the Single Monopoly Profit Theory
Einer Elhauge
Mobile Capital, Local Economic Regulation, and the Democratic City
Richard C. Schragger
NOTE
Textualism as Fair Notice
RECENT PUBLICATIONS
Recent Publications
December 20, 2009 at 2:35 pm
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Harvard Law Review, 123: 1 (2009)
posted by Harvard Law Review
Volume 123 · November 2009 · Number 1
The Supreme Court 2008 Term
FOREWORD
System Effects and the Constitution
Adrian Vermeule
COMMENTS
Caperton v. A.T. Massey Coal Co.: Due Process Limitations on the Appearance of Judicial Bias
Electing Judges, Judging Elections, and the Lessons of Caperton
Pamela S. Karlan
What Everybody Knows and What Too Few Accept
Lawrence Lessig
Relinquished Responsibilities
Penny J. White
LEADING CASES
CRIMINAL LAW AND PROCEDURE
Fourth Amendment — Exclusionary Rule: Herring v. United States.
Fourth Amendment — Search by School Officials: Safford Unified School District No. 1 v. Redding.
Fourth Amendment — Search Incident to Arrest: Arizona v. Gant.
Sixth Amendment — Right to Counsel — Interrogation Without Counsel Present: Montejo v. Louisiana.
Sixth Amendment — Sentencing — Factfinding in Sentencing for Multiple Offenses: Oregon v. Ice.
DUE PROCESS
Peremptory Challenges — Harmless Error Doctrine: Rivera v. Illinois.
Postconviction Access to DNA Evidence: District Attorney’s Office v. Osborne.
FREEDOM OF SPEECH AND EXPRESSION
Government Speech: Pleasant Grove City v. Summum.
Government Subsidies of Political Speech: Ysursa v. Pocatello Education Ass’n.
CIVIL PROCEDURE
Pleading Standards: Ashcroft v. Iqbal.
FEDERAL PREEMPTION OF STATE LAW
Preemption of State Common Law Claims: Wyeth v. Levine.
QUALIFIED IMMUNITY
Order of Analysis: Pearson v. Callahan.
CIVIL RIGHTS ACT, TITLE VII
Compliance Efforts: Ricci v. DeStefano.
FOREIGN SOVEREIGN IMMUNITIES ACT
Iraqi Sovereign Immunity: Republic of Iraq v. Beaty.
HAWAII APOLOGY RESOLUTION
Alienation of Hawaiian Land: Hawaii v. Office of Hawaiian Affairs.
IDENTITY THEFT
Mens Rea Requirement: Flores-Figueroa v. United States.
NATIONAL BANK ACT
Preemption of State Law Enforcement: Cuomo v. Clearing House Ass’n.
NATIONAL LABOR RELATIONS ACT
Waiver of Right to a Federal Forum: 14 Penn Plaza LLC v. Pyett.
REVIEW OF ADMINISTRATIVE ACTION
Clean Water Act — Judicial Review of Cost-Benefit Analysis: Entergy Corp. v. Riverkeeper, Inc.
Communications Act — Scope of Arbitrary and Capricious Review: FCC v. Fox Television Stations, Inc.
VOTING RIGHTS ACT
Preclearance: Northwest Austin Municipal Utility District No. One v. Holder.
Vote Dilution: Bartlett v. Strickland.
STATISTICS
The Statistics
November 20, 2009 at 1:42 pm
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Announcing the Law Review Table of Contents Project
posted by Daniel Solove
I’m pleased to announce a new feature at Concurring Opinions – the Law Review Table of Contents Project. We have invited a number of the top law reviews to post the table of contents to their new issues and to provide links to the articles if they are posted on the law review’s website.
The goal of the Table of Contents Project is to provide you with a useful research tool. Finding out about the latest law review publications can be difficult. If you’re like me, you rarely read the physical issues of law reviews anymore; and you don’t have time to constantly keep checking each law review’s website to see if a new issue has been published. Now you don’t have to. Just keep reading Concurring Opinions, and information about the latest law review scholarship will be brought to you – all in one place!
Each journal’s tables of contents will be archived in two categories: (1) a category called Law Rev Contents – collecting all the law review table of contents postings; and (2) a category for each specific law review.
Participating law reviews thus far include:
* Boston College
* Chicago
* Columbia
* Cornell
* Duke
* Emory
* Fordham
* Georgetown
* GW
* Harvard
* Indiana
* Michigan
* Minnesota
* NYU
* Northwestern
* Notre Dame
* Southern California
* Stanford
* Texas
* UCLA
* Vanderbilt
* Virginia
* Washington University
* Yale
We still have a bunch of open invitations, so we anticipate that the number of participants will grow. Unfortunately, we cannot include all law reviews, as this will overwhelm the regular content of our blog.
We hope that you find this new feature to be helpful. We’re very excited about it here, as we believe that this will be of great use to keep you informed about new legal scholarship.
November 13, 2007 at 12:10 am
Posted in: Administrative Announcements, Law Rev (Boston College), Law Rev (Chicago), Law Rev (Columbia), Law Rev (Cornell), Law Rev (Duke), Law Rev (Emory), Law Rev (Fordham), Law Rev (Georgetown), Law Rev (GW), Law Rev (Harvard), Law Rev (Indiana), Law Rev (Michigan), Law Rev (Minnesota), Law Rev (Northwestern), Law Rev (Notre Dame), Law Rev (NYU), Law Rev (S Cal), Law Rev (Stanford), Law Rev (Texas), Law Rev (UCLA), Law Rev (Vanderbilt), Law Rev (Virginia), Law Rev (Yale), Law Rev Contents
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Announcing the Law Review Forum Project
posted by Daniel Solove
I am very pleased to announce a new project here at Concurring Opinions – the Law Review Forum Project. We will be hosting online forums for several law reviews. Increasingly, law reviews are creating online forums as companions to their regular law review issues. These forums contain very short response pieces, essays, debates, and other works that attempt to bridge the gap between regular legal scholarship and the blogosphere.
Journals seeking to create their own online forum face two daunting challenges. First, they must create and actively maintain a web presence. Second, they must find ways to attract readers, which is difficult in an age where so many blogs and other websites exist. A wide readership for a website depends upon having daily content. Law review forums produce content sporadically throughout the year at intervals that are not regular enough to attract a significant readership.
Therefore, we have invited a number of law reviews to participate in a partnership with our blog. Throughout the year, each law review will periodically post forum essays here at Concurring Opinions. We are not requiring an exclusive license, so participating law reviews can also cross-post at their own websites.
We see this as a mutually-beneficial arrangement. We can bring great content to our blog, and law reviews can reach our significant audience without the pressures of having to build and maintain an online readership or of having to produce content with regularity.
Law reviews currently with and without existing forums will be participating. Thus far, the following law reviews have agreed to participate:
* Harvard Law Review
* Virginia Law Review
* Michigan Law Review
* University of Pennsylvania Law Review
* Northwestern Law Review
* UCLA Law Review
* George Washington Law Review
In the near future, we hope to be expanding the list of participating law reviews.
April 24, 2007 at 1:04 am
Posted in: Administrative Announcements, Law Rev (GW), Law Rev (Harvard), Law Rev (Michigan), Law Rev (Northwestern), Law Rev (Penn), Law Rev (UCLA), Law Rev (Virginia), Law Rev Forum, Law School (Law Reviews), Law School (Scholarship)
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