Harvard Law Review 1998 - Abstracts

Harvard Law Review 1998
42 U.S.C. s. 1983 - Eighth Circuit denies qualified immunity to university administrator who violated professors' First Amendment speech rights.Law 
42 U.S.C. s. 1983 - qualified immunity - Eleventh Circuit finds students' Fourth Amendment rights not 'clearly established.'Law 
Alternatives to incarceration.Law 
American Indian law - tribal court civil jurisdiction - Ninth Circuit holds that Blackfeet Tribal Court lacks subject matter jurisdiction over tort suit arising on reservation between member and nonmember.Law 
Analyzing differentiated-product mergers: the relevance of structural analysis.Law 
A populist critique of direct democracy.LawClark, Sherman J.
Are tax "benefits" constitutionally equivalent to direct expenditures?LawZelinsky, Edward A.
Charting no man's land: applying jurisdictional and choice of law doctrines to interstate compacts.Law 
Civil procedure - personal jurisdiction - Eleventh Circuit holds that minimum contacts with the United States do not automatically confer jurisdiction over a defendant served via a nationwide service of process statute.Law 
Civil rights - availability of section 1983 remedy - Eleventh Circuit holds that federal regulations requiring state Medicaid plans to provide transportation to and from providers do not create a right enforceable under section 1983. (Civil Rights Act of 1871)(Case Note)Law 
Class action litigation in China.Law 
Constitutional law - double jeopardy and ex post facto clauses - Third Circuit holds that notification requirement of Megan's law does not constitute punishment.Law 
Constitutional law - equal protection - Seventh Circuit upholds fire department promotion quota. - McNamara v. City of Chicago.(U.S. 2nd Circuit Court of Appeals)Law 
Constitutional law - Establishment clause - Eighth Circuit holds that public school opened with concessions to religious group does not violate Establishment Clause.(Case Note)Law 
Constitutional law - Establishment Clause - Second Circuit holds that city's display of a creche in a public park does not unconstitutionally endorse religion.(Case Note)Law 
Constitutional law - executive privilege - D.C. Circuit defines scope of presidential communications privilege.Law 
Constitutional law - Fifth Amendment - Ninth Circuit rejects Public Use Clause challenge to Honolulu's lease-to-fee ordinance.Law 
Constitutional law - First Amendment and equal protection - Ninth Circuit upholds 'don't ask, don't tell' policy for gays and lesbians in the military.Law 
Copyright for functional expression.LawWeinreb, Lloyd L.
Copyright law - derivative works - Seventh Circuit holds that mounting copyrighted notecards on ceramic tiles does not constitute preparation of derivative works in violation of the Copyright Act.Law 
Corporate law - takeover defenses - Northern District of Georgia upholds continuing director provision of poison pill.Law 
Criminal law - evidence - California Supreme Court holds that statements made during juvenile transfer hearing may be used for impeachment.Law 
Criminal law - Federal Sentencing Guidelines - Third Circuit holds that volitional impairments can support a claim of diminished mental capacity.Law 
Criminal law - First Amendment - First Circuit defines threat in the context of federal threat statutes.Law 
Criminal law - jury nullification - Second Circuit holds that juror's intent to nullify is just cause for dismissal.Law 
Criminal law - plea agreements - Second Circuit upholds plea provision that waives appeal without fixed sentence range.Law 
Criminal law - sentencing guidelines - Ninth Circuit holds that trafficking in child pornography does not constitute a pattern of sexual exploitation of minors.Law 
Criminal procedure - Fifth Amendment - Eleventh Circuit holds that the privilege against self-incrimination does not apply to the possibility of foreign prosecution.Law 
Criminal procedure - Fifth Amendment - Third Circuit denies self-incrimination privilege at sentencing hearing.Law 
Criminal procedure - Ninth Circuit provides inadequate due process protections for accused sex offenders.(Case Note)Law 
Criminal procedure - venue - Third Circuit finds venue for firearms charge improper in district where only predicate offense occurred.Law 
Darwin's new bulldog. (response to article by Richard A. Posner in this issue, p. 1637)(1997 Oliver Wendell Holmes Lectures)LawDworkin, Ronald M.
Deference to legislative fact determinations in First Amendment cases after Turner Broadcasting.(Case Note)Law 
Democracy or distrust? Restoring home rule for the District of Columbia in the post-control board era.Law 
Fair housing - First Circuit holds that equal access policy does not violate equal protection principles. - Raso v. Lago.(U.S. 1st Circuit Court of Appeals)Law 
Federal courts and the incorporation of international law. (response to article by Harold Koh, Harvard Law Review, vol. 111, p. 1824, 1998)LawBradley, Curtis A., Goldsmith, Jack L.
Federalism and the uses and limits of law: Printz and principle?LawJackson, Vicki C.
First Amendment - patronage terminations - Fourth Circuit holds that deputy sheriffs may be fired because of political affiliation.Law 
Foreword: the limits of Socratic deliberation.(The Supreme Court 1997 Term)LawDorf, Michael C.
Government tort liability.Law 
Human cloning and substantive due process.Law 
In memoriam: Louis Loss. (includes four testimonials)LawVagts, Detlev F., Clark, Robert C., Seligman, Joel, Kroll, Milton P.
In tribute: Charles Hamilton Houston. (includes 5 testimonials)LawGreenberg, Jack, Carter, Robert L., Coleman, William T., Jr., McNeil, Genna Rae, Smith, J. Clay, Jr.
Is international law really state law?LawKoh, Harold Hongju
Just what you'd expect: Professor Henderson's redesign of products liability. (James A. Henderson, Jr.)Law 
Latent harms and risk-based damages.Law 
Leading cases.(The Supreme Court 1997 Term)Law 
"Lit. theory" put to the test: a comparative literary analysis of American judicial tests and French judicial discourse.LawLasser, Mitchel de S.O.-l'E.
Making docile lawyers: an essay on the pacification of law students.Law 
Mens rea in federal criminal law.Law 
Philosophy matters. (response to article by Richard A. Posner in this issue, p. 1637)(1997 Oliver Wendell Holmes Lectures)LawFried, Charles
Posner's problematics. (response to article by Richard A. Posner in this issue, p. 1637)(1997 Oliver Wendell Holmes Lectures)LawNoonan, John T., Jr.
Principles, institutions, and the First Amendment.(The Supreme Court 1997 Term)LawSchauer, Frederick
Privacy, photography, and the press.Law 
Punitive damages: an economic analysis.LawShavell, Steven, Polinsky, A. Mitchell
Reply to critics of the problematics of moral and legal theory. (reply to articles in this issue, p. 1718, 1739, 1751, 1768, 1776)(1997 Oliver Wendell Holmes Lectures)LawPosner, Richard A.
Section 5 and the protection of nonsuspect classes after City of Boerne v. Flores.Law 
Separation of powers - head-of-state immunity - Eleventh Circuit holds that the executive branch's capture of Noriega exempts him from head-of-state immunity.Law 
Soft money: the current rules and the case for reform.Law 
Standing and misunderstanding in voting rights law. (response to article by John Ely, Harvard Law Review, vol. 111, p. 576, 1997)LawIssacharoff, Samuel, Karlan, Pamela S.
State constitutional law - school funding - Ohio Supreme Court declares state's public school financing system unconstitutional.Law 
Statutory interpretation - Americans with Disabilities Act - Tenth Circuit holds that courts should consider mitigating measures in evaluating disability.(Case Note)Law 
Statutory interpretation - Census Act - special D.C. District Court panel holds that statistical sampling cannot be used for congressional apportionment - United States House of Representatives v. United States Department of Commerce.Law 
Statutory interpretation - federal Food, Drug, and Cosmetic Act - Fourth Circuit holds that FDA lacks jurisdiction to regulate tobacco. - Brown & Williamson Tobacco Corp. v. Food & Drug Administration.(U.S. 4th Circuit Court of Appeals)Law 
Statutory interpretations - Americans with Disabilities Act - Fourth Circuit holds that asymptomatic HIV cannot constitute a disability.Law 
Still worthy of praise. (response to article by Richard A. Posner in this issue, p. 1637)(1997 Oliver Wendell Holmes Lectures)LawNussbaum, Martha C.
The avoidance of constitutional questions and the preservation of judicial review: federal court treatment of the new habeas provisions.Law 
The canons of constitutional law.LawLevinson, Sanford, Balkin, J.M.
The constitutional committment to legislative adjudication in the early American tradition.LawDesan, Christine A.
The constitutionality of Proposition 209 as applied. (California)Law 
The end of the market: a psychoanalysis of law and economics.LawSchroeder, Jeanne L.
The hobgoblin of little minds? Our foolish law of inconsistent verdicts.LawMuller, Eric L.
The problematics of moral and legal theory.(1997 Oliver Wendell Holmes Lectures)LawPosner, Richard A.
The Rules Enabling Act and the limits of Rule 23. (Federal Rule of Civil Procedure)Law 
The tragedy of the anticommons: property in the transition from Marx to markets.LawHeller, Michael A.
The value of moral philosophy. (response to article by Richard A. Posner in this issue, p. 1637)(1997 Oliver Wendell Holmes Lectures)LawKronman, Anthony T.
Title VII - sexual harassment - Seventh Circuit adopts employer liability standards for sexual harassment by supervisory employees.Law 
To bar or not to bar: prosecution history estoppel.(Case Note)Law 
Toward reasonable equality: accommodating learning disabilities under the Americans with Disabilities Act.Law 
Uniform Federal Rules of Attorney Conduct: a flawed proposal.Law 
Using capital cash flows to value dissenters' shares in appraisal proceedings.Law 
Will health care economic information lead to therapeutic-class warfare or welfare?Law 
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