| Harvard Law Review 1998 |
| Title | Subject | Authors |
|---|
| 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. | Law | Clark, Sherman J. |
| Are tax "benefits" constitutionally equivalent to direct expenditures? | Law | Zelinsky, 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. | Law | Weinreb, 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) | Law | Dworkin, 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) | Law | Bradley, Curtis A., Goldsmith, Jack L. |
| Federalism and the uses and limits of law: Printz and principle? | Law | Jackson, 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) | Law | Dorf, Michael C. |
| Government tort liability. | Law | |
| Human cloning and substantive due process. | Law | |
| In memoriam: Louis Loss. (includes four testimonials) | Law | Vagts, Detlev F., Clark, Robert C., Seligman, Joel, Kroll, Milton P. |
| In tribute: Charles Hamilton Houston. (includes 5 testimonials) | Law | Greenberg, Jack, Carter, Robert L., Coleman, William T., Jr., McNeil, Genna Rae, Smith, J. Clay, Jr. |
| Is international law really state law? | Law | Koh, 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. | Law | Lasser, 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) | Law | Fried, Charles |
| Posner's problematics. (response to article by Richard A. Posner in this issue, p. 1637)(1997 Oliver Wendell Holmes Lectures) | Law | Noonan, John T., Jr. |
| Principles, institutions, and the First Amendment.(The Supreme Court 1997 Term) | Law | Schauer, Frederick |
| Privacy, photography, and the press. | Law | |
| Punitive damages: an economic analysis. | Law | Shavell, 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) | Law | Posner, 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) | Law | Issacharoff, 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) | Law | Nussbaum, 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. | Law | Levinson, Sanford, Balkin, J.M. |
| The constitutional committment to legislative adjudication in the early American tradition. | Law | Desan, Christine A. |
| The constitutionality of Proposition 209 as applied. (California) | Law | |
| The end of the market: a psychoanalysis of law and economics. | Law | Schroeder, Jeanne L. |
| The hobgoblin of little minds? Our foolish law of inconsistent verdicts. | Law | Muller, Eric L. |
| The problematics of moral and legal theory.(1997 Oliver Wendell Holmes Lectures) | Law | Posner, 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. | Law | Heller, Michael A. |
| The value of moral philosophy. (response to article by Richard A. Posner in this issue, p. 1637)(1997 Oliver Wendell Holmes Lectures) | Law | Kronman, 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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