Harvard Law Review 1995 - Abstracts

Harvard Law Review 1995
Absolute liability for ammunition manufacturers.Law 
Administrative law - waivers - Ninth Circuit holds statutory waivers for welfare experiments subject to judicial review.Law 
Attorney-client and work product protection in a utilitarian world: an argument for recomparison.Law 
Civil procedure - subpoena power - Ninth Circuit rejects authority of non-party federal agencies to prevent employees from testifying pursuant to a federal subpoena. - Exxon Shipping Co. v. United States Dep't of Interior, 34 F.3d 774 (9th Cir. 1994).Law 
Confronting the new challenges of scientific evidence.Law 
Constitutional law - equal protection - D.C. Circuit upholds military discharge based on a statement of homosexual orientation.Law 
Constitutional law - equal protection - Fourth Circuit finds University of Maryland minority scholarship program unconstitutional.Law 
Constitutional law - free exercise of religion - Alaska Supreme Court holds that housing anti-discrimination laws protecting unmarried couples withstand a free exercise challenge by a religious landlord.Law 
Constitutional law - peremptory challenges - Third Circuit holds that peremptory challenges based on foreign language ability do not violate the Equal Protection Clause.Law 
Constitutional law - substantive due process - Fourth Circuit holds police officer not liable for exposing children to harm that culminated in their murder.(Case Note)Law 
Cooperation and conflict: the economics of group status production and race discrimination.LawMcAdams, Richard H.
Copyright - phonorecords - Ninth Circuit holds that phonorecord sales "publish" the underlying musical composition. - La Cienega Music Co. v. ZZ Top.Law 
Criminal law - sex offender notification statute - Washington State Community Protection Act serves as model for other initiatives by lawmakers and communities.Law 
Criminal procedure - witnesses and jurors - California enacts ban on receipt of money for information. (Brown-Kopp Act)Law 
Criminal trials - subpoenas - Connecticut adopts a "compelling need" test to limit the ability of prosecutors to subpoena defense attorneys.Law 
Custodial engineering: cleaning up the scope of Miranda custody during coercive Terry stops.Law 
Developing countries and multilateral trade agreements: law and the promise of development.Law 
Dueling sovereignties: U.S. Term Limits, Inc. v. Thornton.(The Supreme Court, 1994 Term)LawSullivan, Kathleen M.
Education law - school funding - Michigan moves toward statewide collection and distribution of education funds.Law 
Education law - school funding - New Jersey Supreme Court criticizes Quality Education Act of 1990.Law 
Equal protection - census undercount - Second Circuit applies heightened scrutiny to the Commerce Department's decision not to compensate for minority undercount in the 1990 census - City of New York v. United States Dep't of Commerce, 34 F.3d 1114 (2d Cir. 1994).Law 
Establishment Clause - religious displays on public property - Colorado Supreme Court upholds display of Ten Commandments on public property.(Case Note)Law 
Excessiveness review for capital defendants after Honda Motor Co. v. Oberg.Law 
Executive privileges and immunities: the Nixon and Clinton cases.LawAmar, Akhil Reed, Katyal, Neal Kumar
FDA reform and the European Medicines Evaluation Agency. (US Food and Drug Administration)Law 
Feasibility and admissibility of mob mentality defenses.Law 
Federal estate tax and the right of publicity: taxing estates for celebrity value. (Case Note)Law 
Foreword: revolutions?(The Supreme Court, 1994 Term)LawFried, Charles
Forty megahertz and a mule: ensuring minority ownership of the electromagnetic spectrum.Law 
Incompletely theorized agreements.LawSunstein, Cass R.
In memoriam: Erwin Nathaniel Griswold. (Harvard Law School Dean) (includes ten testimonials)LawClark, Robert C., Cox, Archibald, Blackmun, Harry A., Byse, Clark, Friedman, Daniel M., Hesburgh, Theodore M., Katz, Milton, Perkins, Roswell B., Richardson, Elliot L., Wiacek, Raymond J.
In memoriam: Warren E. Burger.(Obituary)LawRipple, Kenneth F., Luttig, J. Michael
Is NAFTA constitutional? (North American Free Trade Agreement)LawAckerman, Bruce, Golove, David
Land-use regulation - compensation statutes - Florida creates cause of action for compensation of property owners when regulation imposes "inordinate burden" - Bert J. Harris, Jr., Private Property Rights Protection Act, ch. 181, 1995 Fla. Sess. Law Serv. 1331 (West).Law 
Leading cases.(The Supreme Court, 1994 Term)Law 
Legal realism and the race question: some realism about realism on race relations.Law 
Liberalismo contra democracia: recent judicial reform in Mexico.Law 
Losing control: toward a new understanding of the taxation of post-incorporation stock sales.Law 
Metademocracy: the changing structure of legitimacy in statutory interpretation.LawSchacter, Jane S.
Organizing worth its salt: the protected status of paid union organizers.Law 
Patent law - pharmaceuticals - Federal Circuit upholds patents for AIDS treatment drug. - Burroughs Wellcome Co. v. Barr Laboratories, Inc.Law 
Patriarchy is such a drag: the strategic possibilities of a postmodern account of gender.Law 
Professional detachment: the executioner of Paris.LawApplbaum, Arthur Isak
Racketeer Influenced and Corrupt Organizations Act (RICO) - scope of liability after Reves v. Ernst & Young - Second Circuit holds liable only those who operate or manage the enterprise; First Circuit extends liability to all in chain of command.Law 
Reasonable doubt: an argument against definition.Law 
Securities law - insider trading - Fourth Circuit rejects misappropriation theory of Rule 10b-5 fraud liability.(Case Note)Law 
Sober second thoughts: reflections on two decades of constitutional regulation of capital punishment.LawSteiker, Carol S., Steiker, Jordan M.
State-sponsored growth management as a remedy for exclusionary zoning.Law 
Super-priority of securities intermediaries under the new section 9-115(5)(c) of the Uniform Commercial Code.Law 
Taking text and structure seriously: reflections on free-form method in constitutional interpretation. (response to Bruce Ackerman and David Golove, Harvard Law Review, vol. 108, p. 799, 1995)LawTribe, Laurence
Taxation of cable television: First Amendment limitations.Law 
The earned income tax credit and the limitations of tax-based welfare reform.LawAlstott, Anne L.
The impact of managed care on doctors who serve poor and minority patients.Law 
The merits still matter: a rejoinder to Professor Grundfest's comment, 'Why Disimply?' (article by Joseph A. Grundfest in this issue, p. 727) (private right of action under federal securities laws)LawSeligman, Joel
The nonpecuniary costs of accidents: pain-and-suffering damages in tort law.LawCroley, Steven P., Hanson, Jon D.
The status-production sideshow: why the antidiscrimination laws are still a mistake. (response to article by Richard H. McAdams in this issue, p. 1003)LawEpstein, Richard A.
Unenforced boundaries: illegal immigration and the limits of judicial federalism.Law 
Universal access to health care. (communitarian rationale)Law 
Virtue and inculpation. (theory of criminal law)LawHuigens, Kyron
Why disimply? (response to Joel Seligman, Harvard Law Review, vol. 108, p. 438, 1994) (private right of action under federal securities laws)LawGrundfest, Joseph A.
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