| Harvard Law Review 1996 |
| Title | Subject | Authors |
|---|
| A dangerous direction: legal intervention in sexual abuse survivor therapy. | Law | Bowman, Cynthia Grant, Mertz, Elizabeth |
| And justiciability for all? Future injury plaintiffs and the separation of powers. | Law | |
| An evidentiary framework for diversity as a compelling interest in higher education. | Law | |
| Antitrust law - vertical maximum price fixing - Seventh Circuit applies per se prohibition but disputes its soundness. - Khan v. State Oil Co. | Law | |
| Arbitration - statutory claims - Ninth Circuit imposes knowing waiver standard for mandatory arbitration of sexual harassment claims. - Prudential Insurance Co. v. Lai, 42 F.3d 1299 (9th Cir. 1994), cert. denied, 116 S. Ct. 61 (1995). | Law | |
| A reformed economic model of consumer bankruptcy. | Law | |
| A self-enforcing model of corporate law. | Law | Kraakman, Reinier, Black, Bernard |
| Back to the drawing board: the settlement class action and the limits of Rule 23.(Case Note) | Law | |
| Blown away? The Bill of Rights after Oklahoma City. | Law | |
| Chaos and evolution in law and economics. | Law | Roe, Mark J. |
| Civil procedure - class actions - Third Circuit prohibits taking settlements into account when deciding whether to certify settlement classes. - Georgine v. Amchem Products, Inc. | Law | |
| Civil procedure - supplemental jurisdiction and class actions - Fifth Circuit holds that absent class members are not required to satisfy the amount-in-controversy requirement in a diversity-based class action. - In re Abbott Laboratories, 51 F.3d 524 (5th Cir. 1995). | Law | |
| Civil Rights Act of 1964 - Title VII - affirmative action - Third Circuit holds that diversity is not, in itself, a sufficient justification for granting preferences to minorities. - Taxman v. Board of Education. | Law | |
| Civil rights - availability of s. 1983 - Ninth Circuit holds that s. 1983 is available to enforce Title IV-D of the Social Security Act. - Freestone v. Cowan, 68 F.3d 1141 (9th Cir. 1995) | Law | |
| Civil rights - gender discrimination - California prohibits gender-based pricing - Cal. Civ. Code s. 51.6 (West Supp. 1996). | Law | |
| Class actions - class certification of mass torts - Seventh Circuit overturns Rule 23(b)(3) certification of a plaintiff class of hemophiliacs. - In re Rhone-Poulenc Rorer, Inc., 51 F.3d 1293 (7th Cir.), cert. denied, 116 S. Ct. 184 (1995). | Law | |
| Colonial land use law and its significance for modern takings doctrine. | Law | Hart, John F. |
| "Common sense" legislation: the birth of neoclassical tort reform. | Law | |
| Constitutional law - abortion regulation - Ohio becomes the first state to ban a particular abortion procedure. - Act of June 28, 1995, Sub. H.B. No. 135, 1995 Ohio Legis. Serv. L-1562 (Baldwin) (to be codified at OHIO REV. CODE ANN. ss. 2305.11, 2307.51-.52, 2919.15-.18 (Baldwin)). | Law | |
| Constitutional law - due process and free exercise - Massachusetts Supreme Judicial Court holds that school-based condom program does not violate parents' rights - Curtis v. School Committee, 652 N.E.2d 580 (Mass. 1995). | Law | |
| Constitutional law - Establishment Clause - Seventh Circuit invalidates Illinois law mandating Good Friday school closure. - Metzl v. Leininger, 57 F.3d 618 (7th Cir. 1995). | Law | |
| Constitutional law - First Amendment - Ninth Circuit invalidates Arizona Constitution's official English requirement - Yniguez v. Arizonans for Official English, 69 F.3d 920 (9th Cir. 1995)(en banc), cert. granted, 64 U.S.L.W. 3635 (U.S. Mar. 26, 1996)(No. 95-974). | Law | |
| Constitutional law - freedom of speech - D.C. Circuit upholds daytime ban on broadcast indecency. - Action for Children's Television v. FCC, 58 F.3d 654 (D.C. Cir. 1995)(en banc), cert. denied, 64 U.S.L.W. 25 (U.S. Jan. 9, 1996). | Law | |
| Constitutional law - Tenth Amendment - Ninth Circuit holds interim enforcement provisions of the Brady Bill constitutional - Mack v. United States, 66 F.3d 1025 (9th Cir. 1995), petition for cert. filed, 64 U.S.L.W. 3642 (U.S. Mar. 15, 1996)(No. 95-1478). | Law | |
| Contracts - Financial Institutions Reform, Recovery, and Enforcement Act - Federal Circuit holds federal government liable for breach of thrift contracts. Winstar Corp v. United States. | Law | |
| Copyright - Visual Artists Rights Act - Second Circuit holds sculpture to be unprotected "work for hire." - Carter v. Helmsley-Spear, Inc., 71 F.3d 77 (2d Cir. 1995), petition for cert. filed, 64 U.S.L.W. 2371 (US Feb. 29, 1996)(No. 95-1400). | Law | |
| Corporate criminal liability: what purpose does it serve? | Law | Khanna, V.S. |
| Criminal law - double jeopardy - Sixth Circuit overturns criminal conviction of drug manufacturer after settlement of civil forfeiture as violation of the Double Jeopardy Clause. - United States v. Ursery, 59 F.3d 568 (6th Cir. 1995), cert. granted, 64 U.S.L.W. 3477 (U.S. Jan. 12, 1996)(No. 95-345). | Law | |
| Criminal law - prison labor - Florida reintroduces chain gangs - Act of June 15, 1995, ch. 283, 1995 Fla. Sess. Law Serv. 2080, 2081 (West). | Law | |
| Criminal procedure - search and seizure - Tenth Circuit finds that thermal imaging scan of a home constitutes a search. - United States v. Cusumano, 67 F.3d 1497 (10th Cir. 1995). | Law | |
| Developments in the law: employment discrimination. | Law | |
| Devolving welfare programs to the states: a public choice perspective. | Law | |
| Employment discrimination - Title VII - Seventh Circuit reaffirms a narrow definition of "employer" for the purposes of Title VII. - EEOC v. Metropolitan Educational Enterprises, Inc., 60 F.3d 1225 (7th Cir. 1995). | Law | |
| Establishment Clause - definition of religious beliefs - Massachusetts Supreme Judicial Court invalidates religious holiday statute protecting only established religions. - Pielech v. Massasoit Greyhound, Inc. | Law | |
| Executive revision of judicial decisions. | Law | |
| Exemplary reasoning: semantics, pragmatics, and the rational force of legal argument by analogy. | Law | Brewer, Scott |
| Federal civil procedure - choice of law - D.C. Circuit applies forum choice-of-law rules in Edge Act suit - A.I. Trade Finance, Inc. v. Petra International Banking Corp. | Law | |
| Federalism - intergovernmental relations - Congress requires a separate recorded vote for any provision establishing an unfunded mandate. - Unfunded Mandates Reform Act of 1995, Pub. L. No. 104-4, 109 Stat. 48. | Law | |
| Fourth Amendment - mandatory drug testing - Eleventh Circuit upholds suspicionless drug testing for political candidates. - Chandler v. Miller. | Law | |
| Fusion candidacies, disaggregation, and freedom of association. | Law | |
| Growing the carrot: encouraging effective corporate compliance. | Law | |
| Health care law - "drive-through delivery" legislation - Massachusetts requires hospital stays of forty-eight hours for newborns and postpartum mothers. - Act of Nov. 21, 1995, ch. 218, ss. 1-10, 1995 Mass. Legis. Serv. 726, 726-28 (West). | Law | |
| Health care law - HMO regulation - Arkansas requires HMOs to accept any provider willing to join their networks. - Patient Protection Act, 1995 Ark. Acts 505, amended by 1995 Ark. Acts 1193. | Law | |
| Incidental burdens on fundamental rights. | Law | Dorf, Michael C. |
| In-kind class action settlements. | Law | |
| In memoriam: Phillip E. Areeda. (Harvard law professor) (includes outline of Areeda's lecture on the Socratic method and 9 testimonials) | Law | Kaufman, Andrew L., Fried, Charles, Clark, Robert C., Breyer, Stephen G., Bok, Derek, Byse, Clark, Pollack, Susan First, Reasoner, Harry M., Rodgers, John S. |
| In sickness and in health, in Hawaii and where else?: conflict of laws and recognition of same-sex marriages. | Law | |
| Intellectual property - patent and trade dress law - Tenth Circuit applies "significant inventive aspect" test to determine whether utility patent precludes trade dress protection. - Vornado Air Circulation Systems, Inc. v. Duracraft Corp. | Law | |
| Investor empowerment strategies in the Congressional reform of securities class actions. | Law | |
| In vitro fertilization: insurance and consumer protection. | Law | |
| Is Chevron relevant to federal criminal law? | Law | Kahan, Dan M. |
| Kant's legal positivism. | Law | Waldron, Jeremy |
| Leading cases. (includes tables of statistics on decisions)(The Supreme Court, 1995 Term) | Law | |
| Leaving things undecided.(The Supreme Court, 1995 Term) | Law | Sunstein, Cass R. |
| Nonmutual issue preclusion against states.(Case Note) | Law | |
| No right to choose: mandated victim participation in domestic violence prosecutions. | Law | Hanna, Cheryl |
| Out of bounds: professional sports leagues and domestic violence. | Law | |
| Prevention versus punishment: toward a principled distinction in the restraint of released sex offenders. | Law | |
| Property rules versus liability rules: an economic analysis. | Law | Kaplow, Louis, Shavell, Steven |
| Saving the states from themselves: Commerce Clause constraints on state tax incentives for business. | Law | Enrich, Peter D. |
| Securities law - municipal securities disclosure statute - Newly amended Securities Exchange Act Rule 15c2-12 requires municipal securities issuers to provide additional information to the market. - Municipal Securities Disclosure, 17 C.F.R. s. 240.15c2-12 (1995). | Law | |
| Taxation - small business - Congress reforms rules for S corporations. - Small Business Job Protection Act of 1996. | Law | |
| The due process roots of criminal collateral estoppel. | Law | |
| The evidentiary use of the ethics codes in legal malpractice: erasing a double standard. | Law | |
| The faith to change: reconciling the oath to uphold with the power to amend. | Law | |
| The limits of choice: school choice reform and state constitutional guarantees of educational quality. | Law | |
| The new legal process, the synthesis of discourse, and the microanalysis of institutions. | Law | Rubin, Edward L. |
| The principle of equality in takings clause jurisprudence. | Law | |
| The right of owners of servient estates to relocate easements unilaterally. | Law | |
| The sovereign immunity "exception." (The Supreme Court, 1995 Term) | Law | Monaghan, Henry Paul |
| Tort law - civil liability for criminal acts - Illinois expands civil liability of drug traffickers - Drug Dealer Liability Act, Pub. Act 89-293, 1995 Ill. Legis. Serv. 3156 (West) (to be codified at ILL. COMP. STAT. ch. 740, s. 57/I-85, 1994). | Law | |
| Tort law - products liability - Illinois imposes certificate of merit requirement on products liability actions - Civil Justice Reform Amendments of 1995, Pub. Act 89-7, sec. 15, s. 2-623, 1995 Ill. Legis. Serv. 224, 229-30 (West) (to be codified at ILL. COMP. STAT. ch. 735, s. 5/2-623). | Law | |
| Voting Rights Act - evidence of discriminatory purpose - District Court for the District of Columbia holds that evidence of discrimination in an existing electoral system supports an inference in a preclearance proceeding that extension of the system was motivated by a discriminatory purpose. - Arizona v. Reno, 887 F. Supp. 318 (D.D.C. 1995). | Law | |
| Welfare - fraud prevention - New York requires finger imaging for welfare recipients - 1995 N.Y. Laws 83, s. 266. (New York) | Law | |
| When should courts allow the settlement of duty-of-loyalty derivative suits? | Law | |
| Why firms cannot afford to maintain the mommy track. (law firms) | Law | |
| Xenophilia in American courts. | Law | Clermont, Kevin M., Eisenberg, Theodore |
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