Download or read book Harvard Law Review Volume 124 Number 7 May 2011 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2011-06-07 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ebook issue of the Harvard Law Review is May 2011. Contents of Volume 124, Number 7 include: Article, "Article III and the Scottish Judiciary," by James E. Pfander and Daniel D. Birk Book Review, "Constitutional Alarmism," by Trevor W. Morrison Note, "A Justification for Allowing Fragmentation in Copyright" Note, "Taxing Partnership Profits Interests: The Carried Interest Problem" Recent Case, "Corporate Law — Principal’s Liability for Agent’s Conduct" Recent Case, "Administrative Law — Retroactive Rules" Recent Case, "Federal Preemption of State Law — Implied Preemption" Recent Case, "Labor Law — LMRA" Recent Legislation, "Corporate Law — Securities Regulation" Recent Publications
Download or read book Habeas Corpus written by Paul D. Halliday and published by Harvard University Press. This book was released on 2012-04-02 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: We call habeas corpus the Great Writ of Liberty. But it was actually a writ of power. In a work based on an unprecedented study of thousands of cases across more than five hundred years, Paul Halliday provides a sweeping revisionist account of the world's most revered legal device. In the decades around 1600, English judges used ideas about royal power to empower themselves to protect the king's subjects. The key was not the prisoner's "right" to "liberty"Ñthese are modern idiomsÑbut the possible wrongs committed by a jailer or anyone who ordered a prisoner detained. This focus on wrongs gave the writ the force necessary to protect ideas about rights as they developed outside of law. This judicial power carried the writ across the world, from Quebec to Bengal. Paradoxically, the representative impulse, most often expressed through legislative action, did more to undermine the writ than anything else. And the need to control imperial subjects would increasingly constrain judges. The imperial experience is thus crucial for making sense of the broader sweep of the writ's history and of English law. Halliday's work informed the 2008 U.S. Supreme Court ruling in Boumediene v. Bush on prisoners in the Guantnamo detention camps. His eagerly anticipated book is certain to be acclaimed the definitive history of habeas corpus.
Download or read book Harvard Law Review Volume 124 Number 8 June 2011 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2011-06-28 with total page 613 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Contents of issue number 8 (volume 124, June 2011) are: In Memoriam: William J. Stuntz Pamela S. Karlan Michael J. Klarman Martha Minow Daniel C. Richman Robert E. Scott David Skeel Carol Steiker ARTICLES: The Host’s Dilemma: Strategic Forfeiture in Platform Markets for Informational Goods, Jonathan M. Barnett Separation of Powers as Ordinary Interpretation, John F. Manning NOTES: Interpreting Silence: The Roles of the Courts and the Executive Branch in Head of State Immunity Cases Advisory Opinions and the Influence of the Supreme Court over American Policymaking RECENT CASES: Fourth Amendment — Qualified Immunity Criminal Law — Sentencing Guidelines Civil Procedure — Protective Orders Constitutional Law — First Amendment Criminal Law — Sentencing RECENT LEGISLATION: Administrative Law — Agency Design (Dodd-Frank/CFPB) RECENT PUBLICATIONS
Download or read book Harvard Law Review Volume 125 Number 7 May 2012 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2012-05-15 with total page 661 pages. Available in PDF, EPUB and Kindle. Book excerpt: Featured articles and essays in this issue are from recognized scholars in law and legal theory, including a Symposium on private law. The issue also includes the article “Regulation for the Sake of Appearance,” by Adam Samaha. The Symposium contents are: THE NEW PRIVATE LAW -- “Introduction: Pragmatism and Private Law,” by John C.P. Goldberg -- “The Obligatory Structure of Copyright Law: Unbundling the Wrong of Copying,” by Shyamkrishna Balganesh -- “Property as the Law of Things,” by Henry E. Smith -- “Duties, Liabilities, and Damages,” by Stephen A. Smith -- “Palsgraf, Punitive Damages, and Preemption,” by Benjamin C. Zipursky The issue includes two student Notes: “The Perils of Fragmentation and Reckless Innovation,” and “Independence, Congressional Weakness, and the Importance of Appointment: The Impact of Combining Budgetary Autonomy with Removal Protection” In addition, student contributions on Recent Cases and Legislation explore the law relating to tasers as excessive force, free speech rights of teachers, employment discrimination disparate impact, separation of powers in dealing with Guantánamo transfers, and excessive sentencing using an uncharged murder. Finally, there are six Book Notes of Recent Publications.
Download or read book Harvard Law Review written by Harvard Law Review and published by Quid Pro Books. This book was released on 2018-05-08 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Harvard Law Review Volume 127 Number 7 May 2014 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2014-05-10 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Harvard Law Review, Number 7 (May 2014), includes an article, two book review essays, and extensive student research. Specifically, the issue features: * Article, "The Due Process Exclusionary Rule," by Richard M. Re * Book Review, "Consent and Sensibility," by Michelle E. Boardman * Book Review, "The Politics of Financial Regulation and the Regulation of Financial Politics: A Review Essay," by Adam J. Levitin * Note, "Judicial Review of Agency Change" * Note, "Live Free and Nullify: Against Purging Capital Juries of Death Penalty Opponents" In addition, case notes explore Recent Cases on such diverse subjects as whether PASPA is an appropriate exercise of congressional power; antitrust immunity for a state dental board; "bad faith" requirement in WIPO domain name arbitrations; whether a Guantanamo prisoner was properly detained as "part of" enemy forces; whether a state court may remove a domestic violence convict's federal firearms disability; whether recognition of foreign governments is an exclusive executive power; and warrantless access to cell-site location information. Finally, the issue features two summaries of Recent Publications. The Harvard Law Review is offered in a quality digital edition, featuring active Contents, linked notes, active URLs in notes, and proper ebook and Bluebook formatting. The Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship.
Download or read book Harvard Law Review Volume 130 Number 7 May 2017 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2017-05-10 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Harvard Law Review Volume 128 Number 7 May 2015 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2015-05-10 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Harvard Law Review, May 2015, is offered in a digital edition. Contents include: • Article, “The Normalization of Foreign Relations Law,” by Ganesh Sitaraman and Ingrid Wuerth • Book Review, “The Family, in Context,” by Maxine Eichner • Note, “Forgive and Forget: Bankruptcy Reform in the Context of For-Profit Colleges” In addition, the issue features student commentary on Recent Cases and policy positions, including such subjects as: retroactive prosecution of conspiracy to commit war crimes at Guantanamo; holding a legislature in contempt for unconstitutional funding of education; bullying and criminal harassment law; first amendment implications of high school suppression of violent speech; using statistics to prove False Claims Act liability; first amendment problems of a requirement that sex offenders provide internet identifiers to police; BIA ruling that Guatemalan woman fleeing domestic violence meets asylum threshold; and FDA regulation on nutritional information under the Affordable Care Act. Finally, the issue features several summaries of Recent Publications. The Harvard Law Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. The Review comes out monthly from November through June and has roughly 2400 pages per volume. The organization is formally independent of the Harvard Law School. Student editors make all editorial and organizational decisions. This issue of the Review is May 2015, the seventh issue of academic year 2014-2015 (Volume 128). The digital edition features active Contents, linked notes, and proper ebook and Bluebook formatting.
Download or read book Harvard Law Review Volume 129 Number 7 May 2016 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2016-05-10 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: The May 2016 issue, Number 7, features these contents: • Article, "The Positive Law Model of the Fourth Amendment," by William Baude and James Y. Stern • Essay, "Deference and Due Process," by Adrian Vermeule • Book Review, "How to Explain Things with Force," by Mark Greenberg • Note, "Free Speech Doctrine After Reed v. Town of Gilbert" Furthermore, student commentary analyzes Recent Cases on the Affordable Care Act and the origination clause; statutory interpretation and the Video Privacy Protection Act; and commercial speech doctrine and the FDA's power to prosecute non-misleading statements after modifying text. Other commentary examines South Carolina's legislative effort to to disqualify companies who support BDS from receiving state contracts; and the NLRB's adjudicative ruling to classify canvassers as employees, not independent contractors. Finally, the issue includes several brief comments on 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 2015-2016.
Download or read book Irreconcilable Founders written by David Johnson and published by LSU Press. This book was released on 2021-05-12 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Virginians dominate the early history of the United States, with Washington, Jefferson, Madison, Monroe, Patrick Henry, George Mason, George Wythe, and John Marshall figuring prominently in that narrative. Fellow Virginian Spencer Roane (1762–1822), an influential jurist and political thinker, was in many ways their equal. Roane is nonetheless mostly absent in accounts of early America. The lack of interest in Roane is remarkable since he was the philosophical leader of the Jeffersonians, architect of states’ rights doctrine, a legislator, essayist, and, for twenty-seven years, justice of the Virginia Supreme Court. He was the son-in-law of Henry, a confidant of Jefferson, founder of the influential Richmond Enquirer, and head of the “Richmond Junto.” Roane’s opinions established judicial review of legislative acts ten years before Supreme Court Chief Justice Marshall did the same in Marbury v. Madison. Roane also brought down Virginia’s state-sponsored church. His descent into historical twilight is even more curious given his fierce criticism—both from the bench and in the Richmond Enquirer—of Marshall’s nationalistic decisions. Indeed, the debate between these two judges is perhaps the most comprehensive discussion of federalism outside of the arguments that raged over the ratification of the United States Constitution. In Irreconcilable Founders, David Johnson uses Roane’s long-lasting conflict with Marshall as ballast for the first-ever biography of this highly influential but largely forgotten justice and political theorist. Because Roane’s legal opinions gave way to those of Marshall, historians have tended to either dismiss him or cast him as little more than an annoying gadfly. Equally to blame for his obscurity is the comparative inaccessibility of Roane’s life: no single archive houses his papers, no scholars have systematically reviewed his legal opinions, and no one has methodically examined his essays. Bringing these and other disparate sources together for the first time, Johnson precisely limns Roane’s career, personality, and philosophy. He also synthesizes the judge’s wide-ranging jurisprudence and analyzes his predictions about the dangers of unchecked federal power and an activist Supreme Court. Although contemporary jurists and politicians disregarded Roane’s opinions, many in today’s political and legal arenas are unknowingly echoing his views with increasing frequency, making this reappraisal of his life and reassessment of his opinions timely and relevant.
Download or read book Harvard Law Review written by Harvard Law Review and published by Quid Pro Books. This book was released on 2013-05-03 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Harvard Law Review is offered in a digital edition, featuring active Contents, linked notes, and proper ebook formatting. The contents of Issue 7 include a Symposium on privacy and several contributions from leading legal scholars: 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. The Harvard Law Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. The Review comes out monthly from November through June and has roughly 2000 pages per volume. The organization is formally independent of the Harvard Law School. Student editors make all editorial and organizational decisions. This issue of the Review is May 2013, the 7th issue of academic year 2012-2013 (Volume 126).
Download or read book Yale Law Journal Volume 124 Number 4 January February 2015 written by Yale Law Journal and published by Quid Pro Books. This book was released on 2015-02-04 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contents of the January-February 2015 issue of the Yale Law Journal (Volume 124, Number 4) are: Articles: • "Cost-Benefit Analysis of Financial Regulation: Case Studies and Implications," John C. Coates IV • "Beyond the Indian Commerce Clause," Gregory Ablavsky Essays: • "On Evidence: Proving Frye as a Matter of Law, Science, and History," Jill Lepore • "The End of Jurisprudence," Scott Hershovitz Notes: • "Against the Tide: Connecticut Oystering, Hybrid Property, and the Survival of the Commons," Zachary C.M. Arnold • "Perceptions of Taxing and Spending: A Survey Experiment," Conor Clarke & Edward Fox Comments: • "The Psychology of Punishment and the Puzzle of Why Tortfeasor Death Defeats Liability for Punitive Damages," Roseanna Sommers • "The Case for Regulating Fully Autonomous Weapons," John Lewis • "From Child Protection to Children's Rights: Rethinking Homosexual Propaganda Bans in Human Rights Law," Ryan Thoreson Quality ebook formatting includes fully linked footnotes and an active Table of Contents (including linked Contents for all individual Articles, Notes, and Essays), proper Bluebook formatting, and active URLs in footnotes.
Download or read book Harvard Law Review Volume 130 Number 5 March 2017 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2017-03-09 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Harvard Law Review Volume 125 Number 2 December 2011 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2011-12-15 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Harvard Law Review is offered in a digital edition, featuring active and nested Table of Contents, linked footnotes and active cross-references, legible tables, and proper ebook formatting. This current issue of the Review is December 2011, the second issue of academic year 2011-2012 (Volume 125). Articles in this issue are written by such recognized scholars as Jamal Greene (writing on notorious or anti-canonical Supreme Court cases such as Plessy and Lochner), Orin Kerr (on Fourth Amendment theory), and Michael Klarman (reviewing a new book on the Constitutional Convention). Student contributions feature Notes on the John Dewey model of democracy and administrative agencies, and on breaching international trade law. Case Notes discuss recent decisions on such topics as civil procedure, tort law, patent law, constitutional law (on transgender prisoners and on firing ranges), stem cell research funding, and corporate immunity. Aside from serving as an important academic forum for legal scholarship, the Review has two other goals. First, the journal is designed to be an effective research tool for practicing lawyers and students of the law. Second, it provides opportunities for Review members to develop their own editing and writing skills. Accordingly, each issue contains pieces by student editors as well as outside authors. The Review generally publishes articles by professors, judges, and practitioners and solicits reviews of important recent books from recognized experts. Most student writing takes the form of Notes, Recent Cases, Recent Legislation, and Book Notes.
Download or read book Harvard Law Review Volume 125 Number 1 November 2011 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2011-11-22 with total page 775 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Harvard Law Review is offered in a digital edition for ereaders, featuring active Table of Contents, linked footnotes and cross-references, legible tables, and proper ebook formatting. The Review generally publishes articles by professors, judges, and practitioners and solicits reviews of important recent books from recognized experts. Most student writing takes the form of Notes, Recent Cases, Recent Legislation, and Book Notes. This current issue of the Review is November 2011, the first issue of academic year 2011-2012 (Volume 125). The November issue is the special annual review of the Supreme Court's previous term. Each year, the issue is introduced by noteworthy and extensive articles from recognized scholars. In this issue, the Foreword is authored by Dan Kahan, and examines the idea of "neutral" judicial review and the Supreme Court's methodology of constitutional decisionmaking and establishment of precedent, as well as the problem of motivated cognition, particularly in light of notable cases from the 2010 Term. An article by Judith Resnik offers an extensive Comment on three recent notable cases: Wal-Mart v. Dukes, AT&T v. Concepcion, and Turner v. Rogers. In addition, the first issue of each new volume provides an extensive summary of the important cases of the previous Supreme Court docket, on a wide range of legal, political and constitutional subjects. This issue surveys, in a series of case notes, the 2010 Term. Finally, the issue includes statistical summaries and tables of the 2010 Term, and recent book notes.
Download or read book Harvard Law Review Volume 130 Number 1 November 2016 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2016-11-10 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Harvard Law Review Volume 131 Number 2 December 2017 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2017-12-13 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt:
