Harvard Law Review 1993 - Abstracts

Harvard Law Review 1993
An expectations approach to client identity.Law 
A penumbra too far. (hate speech under the Thirteenth and Fourteenth Amendments) (response to Akhil Reed Amar, Harvard Law Review, vol. 106, p. 124, 1992)LawKozinski, Alex, Volokh, Eugene
A Petition Clause analysis of suits against the government: implications for Rule 11 sanctions.Law 
Aspiration and control: international legal rhetoric and the essentialization of culture.Law 
"But the alternative is despair": European nationalism and the modernist renewal of international law.LawBerman, Nathaniel
Constitutional limits on anti-gay-rights initiatives.Law 
Contract law - employment-at-will - N.Y. Court of Appeals implies reporting requirement into law firm-associate employment relationship.Law 
Developments in the law - legal responses to domestic violence.Law 
Due process clause - custodial relationships - Third Circuit finds no affirmative duty of care by school officials to their students. (Case Note)Law 
Eighth Amendment - punitive damages - Florida Supreme Court upholds "split-recovery" statute. (Case Note)Law 
Employment law - gender discrimination - Third Circuit rules that denial of promotion based on an equally applied legitimate subjective criterion is not discrimination.Law 
Equal Protection Clause - judicial review - D.C. Circuit invalidates the FCC's gender-based policies. (Case Note)Law 
Evidence - expert testimony - Sixth Circuit holds that expert testimony is not needed to establish a standard of care in surrogacy cases. (Case Note)Law 
First Amendment - bias-motivated crimes - court strikes down hate crimes penalty enhancer statute. (Wisconsin) (Case Note)Law 
Hate is not speech: a constitutional defense of penalty enhancement for hate crimes.Law 
Interpretation and authority in state constitutionalism.LawKahn, Paul W.
On analogical reasoning.LawSunstein, Cass R.
One strike and you're out? Creating an efficient permanent replacement doctrine.Law 
Out of the frying pan or into the fire? Race and choice of venue after Rodney King.Law 
Pornography, equality, and a discrimination-free workplace: a comparative perspective.Law 
Preemption doctrine after Cipollone - Nevada Supreme Court holds that the Federal Insecticide, Fungicide, and Rodenticide Act impliedly preempts state common-law actions based on inadequate labelling. (Case Note)Law 
Racial violence against Asian Americans.Law 
Rape law - lack of affirmative and freely-given permission - New Jersey Supreme Court holds that lack of consent constitutes "physical force." (Case Note)Law 
Second best: the soft underbelly of deterrence theory in tort.LawWilliams, Stephen F.
Securities laws - disclosure liability - Ninth Circuit declines to rule on whether investors may indirectly waive misrepresentation claims against securities issuers. (Case Note)Law 
State constitutions - cruel or unusual punishment - Michigan Supreme Court casts doubt on its commitment to adhere to federal interpretations of parallel constitutional provisions. (Case Note)Law 
State constitutions - homosexual sodomy - Kentucky Supreme Court finds that criminalization of homosexual sodomy violates state constitutional guarantees of privacy and equal protection. (Case Note)Law 
Taking back takings: a Coasean approach to regulation.Law 
The Civil Rights Act of 1991 and less discriminatory alternatives in disparate impact litigation.Law 
The Civil Rights Act of 1991: the business necessity standard. (employment discrimination)Law 
The demise of the Chaplinsky fighting words doctrine: an argument for its interment.Law 
The Oregon health care proposal and the Americans with Disabilities Act.Law 
The political economy of the Wagner Act: power, symbol, and workplace cooperation.LawBarenberg, Mark
What's culture got to do with it? Excising the harmful tradition of female circumcision.Law 
Whiteness as property.LawHarris, Cheryl I.
Winship on rough waters: the erosion of the reasonable doubt standard.Law 
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