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 273 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Harvard Law Review Volume 130 Number 2 December 2016 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2016-12-09 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Harvard Law Review's December 2016 issue, Number 2, features these contents: • Article, "Constitutionally Forbidden Legislative Intent," by Richard H. Fallon, Jr. • Article, "Deal Process Design in Management Buyouts," by Guhan Subramanian • Book Review, "Law and Moral Dilemmas," by Bert I. Huang • Note, "Charming Betsy and the Intellectual Property Provisions of Trade Agreements" • Note, "Political Questions, Public Rights, and Sovereign Immunity" Furthermore, student commentary analyzes Recent Cases on equitable relief from a foreign judgment under RICO, mootness after a 2014 Missouri election, compelling an Internet Service Provider to produce data stored overseas, immunity for failure-to-warn claims under the Communications Decency Act, whether the federal cannabis prohibition is a "substantial burden" under the Religious Freedom Restoration Act, reasonableness of sentencing under the Guidelines after using a jury poll, and whether two-way video testimony violates the Confrontation Clause of the U.S. Constitution's Sixth Amendment. 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 second issue of academic year 2016-2017.

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 529 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Trolley Problem Mysteries written by Frances Myrna Kamm and published by Oxford University Press. This book was released on 2016 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: A rigorous treatment of a thought experiment that has become notorious within and outside of philosophy - The Trolley Problem - by one of the most influential moral philosophers alive today Suppose you can stop a trolley from killing five people, but only by turning it onto a side track where it will kill one. May you turn the trolley? What if the only way to rescue the five is to topple a bystander in front of the trolley so that his body stops it but he dies? May you use a device to stop the trolley that will kill a bystander as a side effect? The "Trolley Problem" challenges us to explain and justify our different intuitive judgments about these and related cases and has spawned a huge literature. F.M. Kamm's 2013 Tanner Lectures present some of her views on this notorious moral conundrum. After providing a brief history of changing views of what the problem is about and attempts to solve it, she focuses on two prominent issues: Does who turns the trolley and how the harm is shifted affect the moral permissibility of acting? The answers to these questions lead to general proposals about when we may and may not harm some to help others. Three distinguished philosophers - Judith Jarvis Thomson (one of the originators of the trolley problem), Thomas Hurka, and Shelly Kagan - then comment on Kamm's proposals. She responds to each comment at length, providing an exceptionally rich elaboration and defense of her views. The Trolley Problem Mysteries is an invaluable resource not only to philosophers concerned about the Trolley Problem, but to anyone worried about how we ought to act when we can lessen harm to some by harming others and how we can reach a decision about the question.

Download or read book Harvard Law Review Volume 130 Number 8 June 2017 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2017-06-01 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contents of Harvard Law Review: Volume 130, Number 8 - June 2017 include: * Article, "The Judicial Presumption of Police Expertise," by Anna Lvovsky * Essay, "The Debate That Never Was," by Nicos Stavropoulos * Essay, "Hart's Posthumous Reply," by Ronald Dworkin * Book Review, "Cooperative and Uncooperative Foreign Affairs Federalism," by Jean Galbraith * Note, "Rethinking Actual Causation in Tort Law" * Note, "The Justiciability of Servicemember Suits" * Note, "The Substantive Waiver Doctrine in Employment Arbitration Law" Furthermore, student commentary analyzes Recent Cases on: requiring proof of administrative feasibility to satisfy class action Rule 23; whether prison gerrymandering violates the Equal Protection Clause; justiciability of suit against the government for military sexual assaults; whether criminal procedure requires retroactive application of Hurst v. Florida to pre-Ring cases; whether statutory interpretation's rule of lenity requires fixing cocaine possession penalties by total drug weight; and, in international law, the UN's Security Council asserting Israel's settlement activities to be illegal. Finally, the issue includes several 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 2300 pages per volume. Student editors make all editorial and organizational decisions. This is the final issue of academic year 2016-2017.

Download or read book Harvard Law Review Volume 129 Number 2 December 2015 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2015-12-10 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: The December 2015 issue, Number 2, features these contents: • Article, "Intra-Agency Coordination," by Jennifer Nou • Book Review, "Body Banking from the Bench to the Bedside," by Natalie Ram • Note, "'A Prison Is a Prison Is a Prison': Mandatory Immigration Detention and the Sixth Amendment Right to Counsel" • Note, "Bundled Systems and Better Law: Against the Leflar Method of Resolving Conflicts of Law" The issue also includes In Memoriam essays honoring the legacy of Professor Daniel J. Meltzer, with contributions by Judge David J. Barron, Richard H. Fallon, Jr., Vicki C. Jackson, Robert S. Taylor, Justice Elena Kagan, David F. Levi, Martha Minow, and Donald B. Verrilli, Jr. In addition, student commentary analyzes Recent Cases on retroactive application of Dodd-Frank, whether the first-to-file rule of the False Claims Act is jurisdictional, ancillary jurisdiction to expunge a criminal conviction, and First Amendment issues raised by a court-ordered apology. Student comments on Recent Legislation discuss state laws prohibiting local units from creating protected classes, and state laws prohibiting local units from regulating fracking. Further, a student comment analyzes a Recent Adjudication in the EEOC defining discrimination on grounds of sexual orientation as protected sexual discrimination. Finally, the issue includes several 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 second issue of academic year 2015-2016.

Download or read book The Right of Publicity written by Jennifer E. Rothman and published by Harvard University Press. This book was released on 2018-05-01 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who controls how one’s identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity—a little-known law, often wielded by celebrities—to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity’s emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right’s subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works. The Right of Publicity traces the right’s origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from “wrongful publicity.” This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes’ images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn. The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.

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 210 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 Law and Macroeconomics written by Yair Listokin and published by Harvard University Press. This book was released on 2019-03-11 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: After 2008, private-sector spending took a decade to recover. Yair Listokin thinks we can respond more quickly to the next meltdown by reviving and refashioning a policy approach, used in the New Deal, to harness law’s ability to function as a macroeconomic tool, stimulating or relieving demand as required under certain crisis conditions.

Download or read book Courting Death written by Carol S. Steiker and published by Harvard University Press. This book was released on 2016-11-07 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Refusing to eradicate the death penalty, the U.S. has attempted to reform and rationalize capital punishment through federal constitutional law. While execution chambers remain active in several states, Carol Steiker and Jordan Steiker argue that the fate of the American death penalty is likely to be sealed by this failed judicial experiment.

Download or read book Legal Orientalism written by Teemu Ruskola and published by Harvard University Press. This book was released on 2013-06-03 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the Cold War ended, China has become a global symbol of disregard for human rights, while the United States has positioned itself as the world’s chief exporter of the rule of law. How did lawlessness become an axiom about Chineseness rather than a fact needing to be verified empirically, and how did the United States assume the mantle of law’s universal appeal? In a series of wide-ranging inquiries, Teemu Ruskola investigates the history of “legal Orientalism”: a set of globally circulating narratives about what law is and who has it. For example, why is China said not to have a history of corporate law, as a way of explaining its “failure” to develop capitalism on its own? Ruskola shows how a European tradition of philosophical prejudices about Chinese law developed into a distinctively American ideology of empire, influential to this day. The first Sino-U.S. treaty in 1844 authorized the extraterritorial application of American law in a putatively lawless China. A kind of legal imperialism, this practice long predated U.S. territorial colonialism after the Spanish-American War in 1898, and found its fullest expression in an American district court’s jurisdiction over the “District of China.” With urgent contemporary implications, legal Orientalism lives on in the enduring damage wrought on the U.S. Constitution by late nineteenth-century anti-Chinese immigration laws, and in the self-Orientalizing reforms of Chinese law today. In the global politics of trade and human rights, legal Orientalism continues to shape modern subjectivities, institutions, and geopolitics in powerful and unacknowledged ways.

Download or read book Harvard Law Review Volume 130 Number 3 January 2017 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2017-01-11 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Harvard Law Review Volume 130 Number 6 April 2017 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2017-04-10 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Expressive Powers of Law written by Richard H. McAdams and published by Harvard University Press. This book was released on 2015-02-09 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: When asked why people obey the law, legal scholars usually give two answers. Law deters illicit activities by specifying sanctions, and it possesses legitimate authority in the eyes of society. Richard McAdams shifts the prism on this familiar question to offer another compelling explanation of how the law creates compliance: through its expressive power to coordinate our behavior and inform our beliefs. “McAdams’s account is useful, powerful, and—a rarity in legal theory—concrete...McAdams’s treatment reveals important insights into how rational agents reason and interact both with one another and with the law. The Expressive Powers of Law is a valuable contribution to our understanding of these interactions.” —Harvard Law Review “McAdams’s analysis widening the perspective of our understanding of why people comply with the law should be welcomed by those interested either in the nature of law, the function of law, or both...McAdams shows how law sometimes works by a power of suggestion. His varied examples are fascinating for their capacity both to demonstrate and to show the limits of law’s expressive power.” —Patrick McKinley Brennan, Review of Metaphysics

Download or read book Harvard Law Review Volume 130 Number 4 February 2017 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2017-02-08 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: