Harvard Law Review: Volume 128, Number 2 - December 2014 PDF Download

Author: Harvard Law Review
Publisher: Quid Pro Books
ISBN: 1610278534
Category : Law
Languages : en
Pages : 484

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Book Description
The Harvard Law Review is offered in a digital edition for ereaders, featuring active Contents, linked notes, and proper ebook formatting. The contents of Number 2 include: • Article, “The (Non)Finality of Supreme Court Opinions,” by Richard J. Lazarus • Book Review, “The Laws of Capitalism,” by David Singh Grewal • Note, “Citizens United at Work: How the Landmark Decision Legalized Political Coercion in the Workplace” • Note, “Data Mining, Dog Sniffs, and the Fourth Amendment” • Note, “Nonbinding Bondage” The issue includes In Memoriam contributions about the life, scholarship, and teaching of John H. Mansfield. The contributors are Anthony D'Amato, Robert W. Gordon, Martha Minow, Frederick Schauer, and James A. Sonne. In addition, the issue features student commentary on Recent Cases and policy papers, including such subjects as internet law and privacy, Fourth Amendment right to deletion, state action and credit card fees, antitrust law and foreign trade, applicability of Seventh Amendment to states and commonwealths, free speech and tour guide licensing in D.C., labor law and sexual harassment claims, and gender crimes in international criminal law. 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. The organization is formally independent of the Harvard Law School. Student editors make all editorial and organizational decisions. This issue of the Review is December 2014, the second issue of academic year 2014-2015 (Volume 128).

Author: Eric Nelson
Publisher: Harvard University Press
ISBN: 067473534X
Category : History
Languages : en
Pages : 401

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Winner of the Society of the Cincinnati History Prize, Society of the Cincinnati in the State of New Jersey Finalist, George Washington Prize A Choice Outstanding Academic Title of 2015 Generations of students have been taught that the American Revolution was a revolt against royal tyranny. In this revisionist account, Eric Nelson argues that a great many of our “founding fathers” saw themselves as rebels against the British Parliament, not the Crown. The Royalist Revolution interprets the patriot campaign of the 1770s as an insurrection in favor of royal power—driven by the conviction that the Lords and Commons had usurped the just prerogatives of the monarch. “The Royalist Revolution is a thought-provoking book, and Nelson is to be commended for reviving discussion of the complex ideology of the American Revolution. He reminds us that there was a spectrum of opinion even among the most ardent patriots and a deep British influence on the political institutions of the new country.” —Andrew O’Shaughnessy, Wall Street Journal “A scrupulous archaeology of American revolutionary thought.” —Thomas Meaney, The Nation “A powerful double-barrelled challenge to historiographical orthodoxy.” —Colin Kidd, London Review of Books “[A] brilliant and provocative analysis of the American Revolution.” —John Brewer, New York Review of Books

Author: Harvard Law Review
Publisher: Quid Pro Books
ISBN: 1610278313
Category : Law
Languages : en
Pages : 454

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The Harvard Law Review, April 2015, is offered in a digital edition. Contents include the annual Developments in the Law survey of a particular area of legal concern; this year's topic is Policing. Other contents include: • Article, "Consent Procedures and American Federalism," by Bridget Fahey • Essay, "Anticipatory Remedies for Takings," by Thomas W. Merrill • Book Review, "How a 'Lawless' China Made Modern America: An Epic Told in Orientalism," by Carol G.S. Tan Specific subjects studied in Developments in the Law—Policing are: Policing and Profit, Policing Students, Policing Immigrant Communities, and Considering Police Body Cameras. In addition, the issue features student commentary on Recent Cases, including such subjects as: the business judgment rule and mergers; whistleblowing under Dodd-Frank and extraterritoriality; senate redistricting in New York; postmortem rights of publicity; standing and overlap of various tests used; informing one who pleads No Contest of collateral consequences; exceptions to New York marriage license requirement for out-of-state marriages; exclusionary rule for violations of Posse Comitatus restrictions; and extending federal forced labor statute to conduct criminalized under state law. 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 2500 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 Apr. 2015, the 6th issue of academic year 2014-2015 (Volume 128). The digital edition features active Contents, linked notes, and proper ebook and Bluebook formatting.

Author: Harvard Law Review
Publisher: Quid Pro Books
ISBN: 1610278569
Category : Law
Languages : en
Pages : 378

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The Harvard Law Review, January 2015, No. 3 of Volume 128, is offered in a digital edition. Contents include: • Article, “Uncovering Coordinated Interagency Adjudication,” by Bijal Shah • Note, “Deference and the Federal Arbitration Act: The NLRB’s Determination of Substantive Statutory Rights” • Note, “Education Policy Litigation as Devolution” • Note, “Physically Intrusive Abortion Restrictions as Fourth Amendment Searches and Seizures” • Note, “Copyright Reform and the Takings Clause” In addition, the issue features student commentary on Recent Cases and policy resolutions, including such subjects as constitutional protection for teacher tenure, suspicionless street stop of suspect’s companion, warrants to search foreign emails, confrontation clause in sentence selection phase of capital case, subject matter jurisdiction of tribal courts, physician inquiries into gun ownership and freedom of speech, reviewability of FDA inaction on pet drug products, and veto of a UN Security Council resolution on Syrian conflict. 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 2500 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 January 2015, the third issue of academic year 2014-2015 (Volume 128). The digital edition features active Contents, linked notes, and proper ebook and Bluebook formatting.

Author: Cass R. Sunstein
Publisher: Harvard University Press
ISBN: 0674247531
Category : Law
Languages : en
Pages : 209

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From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.

Author: Teemu Ruskola
Publisher: Harvard University Press
ISBN: 0674075781
Category : Law
Languages : en
Pages : 358

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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.

Author: Harvard Law Review
Publisher: Quid Pro Books
ISBN: 1610278321
Category : Law
Languages : en
Pages : 224

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The Harvard Law Review, June 2015, is offered in a digital edition. Contents include: • Article, “Active Avoidance: The Modern Supreme Court and Legal Change,” by Neal Kumar Katyal and Thomas P. Schmidt • Article, “The Invention of Low-Value Speech,” by Genevieve Lakier • Book Review, “Crown and Constitution,” by Tara Helfman • Note, “Causation in Environmental Law: Lessons from Toxic Torts” In addition, the issue features extensive student commentary on Recent Cases and policy positions, including such subjects as: corporate board of directors' duties in mergers under the Revlon doctrine; the propriety of a Delaware corporation's bylaws designating a non-Delaware exclusive forum; availability of habeas corpus review for sentencing error as to 'career offender' enhancement; whether remand orders can be vacated under Federal Rule of Civil Procedure 60(b)(3); whether housing providers can delay review of reasonable accommodations under fair housing law by requesting extraneous information; and, as to immigration law, analysis of the opinion by the Office of Legal Counsel endorsing President Obama's Executive Order on deferred action for parental accountability. Finally, the issue features summaries of Recent Publications, as well as a detailed and cumulative Index for all eight issues of Volume 128. 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 2300 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 June 2015, the eighth and final issue of academic year 2014-2015 (Volume 128). This quality digital edition from Quid Pro Books features active Contents, linked notes, active URLs in notes, and proper ebook and Bluebook formatting.

Author: Harvard Law Review
Publisher: Quid Pro Books
ISBN: 1610278526
Category : Law
Languages : en
Pages : 640

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The November issue is the special annual review of the U.S. Supreme Court's previous Term. Each year, the issue is introduced by noteworthy and extensive contributions from recognized scholars. In this issue, for the 2013 Term, articles include: • Foreword: "The Means of Constitutional Power," by John F. Manning • Comment: "Slipping the Bonds of Federalism," by Heather K. Gerken • Comment: "The Supreme Court as a Constitutional Court," by Jamal Greene • Comment: "The Hobby Lobby Moment," by Paul Horwitz 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 2013 Term includes recent cases on: content neutrality under the First Amendment; compelled subsidized speech; free speech and contribution limits; legislative prayer and the establishment of religion; search and seizure law as to anonymous tips, cellphones, and cotenant consent; equal protection and political process; right to counsel; Eighth Amendment issues for intellectually impaired defendants; standing and jurisdiction; class actions; tribal immunity; the Clean Air Act; immigration of children; misrepresentation of buyer and gun control law; and copyright law's Transmit Clause. Complete statistical graphs and tables of the Court's actions and results during the Term are included. Finally, the issue features several summaries of Recent Publications. The issue also features essays on substantive and procedural law, and judicial method, honoring Justice Stephen G. Breyer and his notable contributions to law and the Supreme Court. The essays are written by scholars Martha Minow, Martha Field, Cass Sunstein, Richard Fallon, Michael Klarman, Todd Rakoff, Joseph Singer, John Manning, Laurence Tribe, I. Glenn Cohen, and Mark Tushnet. 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 2014, the first issue of academic year 2014-2015 (Volume 128).

Author: Harvard Law Review
Publisher: Quid Pro Books
ISBN: 161027833X
Category : Law
Languages : en
Pages : 274

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The Harvard Law Review, March 2015, is offered in a digital edition. Contents include: • Article, "Creating Around Copyright," Joseph P. Fishman • Book Review, "Growing Up Outside the Law," Stephen Lee • Book Review, "Property Is the New Privacy: The Coming Constitutional Revolution," Suzanna Sherry • Note, "Working Together for an Independent Expenditure: Candidate Assistance with Super PAC Fundraising" In addition, the issue features student commentary on Recent Cases and policy positions, including such subjects as: defining 'government instrumentality' under the Foreign Corrupt Practices Act, invalidation of New York soda-portion cap, whether the Federal Energy Regulatory Commission lacks jurisdiction over rates for nonconsumption of energy, standard of review for compelled disclosures under commercial speech doctrine, Alien Tort Statute claims against an Abu Ghraib contractor, preemption of local zoning ordinances banning hydrofracking, and the Department of Justice's new presumption of electronically recording custodial interviews. 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 2500 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 March 2015, the fifth issue of academic year 2014-2015 (Volume 128). The digital edition features active Contents, linked notes, and proper ebook and Bluebook formatting.

Author: Jennifer Rothman
Publisher: Harvard University Press
ISBN: 0674986350
Category : Law
Languages : en
Pages : 170

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Book Description
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.