Harvard Law Review 1999 - Abstracts

Harvard Law Review 1999
A pragmatic approach to Chevron.(Chevron U.S.A. Inc. v. Natural Resources Defense Council and agency interpretation of statutes)(Case Note)Law 
A public accommodations challenge to the use of Indian team names and mascots in professional sports.Law 
Awaiting the Mikado: limiting legislative discretion to define criminal elements and sentencing factors.Law 
Civil rights - public accommodation statutes - New Jersey Supreme Court holds that Boy Scouts may not deny membership to homosexuals. Dale v. Boy Scouts of America.Law 
Constitutional innocence.(constitutional limits on strict liability in the criminal law)LawMichaels, Alan C.
Constitutional law - abortion - Sixth Circuit strikes down Ohio ban of post-viability and dilation and extraction abortions.Law 
Constitutional law - affirmative action - First Circuit holds that public exam school policy that uses race as an admissions factor offends the Equal Protection Clause. - Wessmann v. Gittens, 160 F.3d 790 (1st Cir. 1998).Law 
Constitutional law - bill of attainder - Fifth Circuit holds that the special provisions of the Telecommunications Act of 1996 are not a bill of attainder - SBC Communications, Inc. v. FCC.Law 
Constitutional law - Due Process Clause - Third Circuit holds that $50 million punitive damages award in context of a $48 million compensatory award its unconstitutionally excessive. Inter Medical Supplies, Ltd. v. EBI Medical Systems, Inc.Law 
Constitutional law - equal protection - D.C. Circuit finds FCC's equal employment opportunity regulations unconstitutional.Law 
Constitutional law - establishment clause - Tenth Circuit holds that city may deny opportunity to deliver proselytizing legislative prayers.Law 
Constitutional law - First Amendment - Establishment Clause - Fourth Circuit holds that a school board policy allowing a religious group to distribute Bibles in public school does not violate the Establishment Clause.Law 
Constitutional law - First Amendment - Fourth Circuit rules that a teacher's selection of school curriculum is not protected speech.Law 
Constitutional law -- Fourth Amendment -- Eleventh Circuit invalidates search because officers failed to inform bus passengers that they could withhold consent.(United States v. Washington)Law 
Constitutional law - Fourth Amendment - Seventh Circuit holds that random suspicionless drug testing of participants in extracurricular activities does not violate the Fourth Amendment.Law 
Constitutional law -- Tenth Amendment -- Fourth Circuit holds that Driver's Privacy Protection Act violates Tenth Amendment.(Condon v. Reno)Law 
Constitutional law.(The Supreme Court, 1998 Term)Law 
Copyright - compilations - Second Circuit holds that page numbers in judicial case reporters are not protected. - Matthew Bender & Co. v. West Publishing Co., 158 F.3d 693 (2d Cir. 1998).Law 
Copyright - joint authorship - Second Circuit holds that dramaturg's contributions to the musical 'Rent' did not establish joint authorship with playwright-composer.Law 
Criminal law - perjury - Sixth Circuit sustains perjury conviction for answer to question with mistaken premise. - United States v. DeZarn, 157 F.3d 1042 (6th Cir. 1998).Law 
Criminal law - sentencing guidelines - Second Circuit rejects Fifth Amendment challenge to disclosure criteria under the federal Sentencing Guidelines.Law 
Deterrence and distribution in the law of takings.LawHeller, Michael A., Krier, James E.
Establishment Clause - school vouchers - Wisconsin Supreme Court upholds Milwaukee Parental Choice Program.Law 
Ethical abuse of technicalities: a comparison of prospective and retrospective legal ethics.Law 
Evidence - evidentiary principle - Second Circuit refuses to recognize journalist's privilege for nonconfidential information.Law 
Expressive harm and standing.Law 
Federal civil procedure - Sixth Circuit holds that federal court should abstain from deciding a nonparty's First Amendment challenge to a state court injunction.Law 
Federall jurisdiction and procedure.(The Supreme Court, 1998 Term)Law 
Federal Rules of Evidence - expert testimony - Fifth Circuit holds that clinical medical testimony on causation must pass the Daubert test for admissibility of hard science.Law 
Feminist legal analysis and sexual autonomy: using statutory rape laws as an illustration.Law 
First Amendment -- commercial speech -- Fifth Circuit upholds a federal ban on casino advertising.(Greater New Orleans Broadcasting Ass'n v. United States)Law 
Foreign affairs power - the Massachusetts Burma law is found to encroach on the federal government's exclusive constitutional authority to regulate foreign affairs.Law 
Foreword: a cave drawing for the ages.(includes text of fictional ethical dilemma by Lon F. Fuller, Harvard Law Review, vol. 62, p. 616, 1949)(The Case of the Speluncean Explorers: A Fiftieth Anniversary Symposium)LawShapiro, David L.
In memoriam: Elisabeth A. Owens.(includes 4 testamonials)LawKay, Herma Hill, Ball, Gerald T., McIntyre, Michael J., Oldman, Oliver
In memoriam: Lewis F. Powell, Jr.(Supreme Court justice, includes 6 testimonials)LawWilkinson, J. Harvie, III, Rehnquist, William H., Jeffries, John C., Jr., Totenberg, Nina, Ellis, T.S., III, Whitman, Christina B.
In memorium: A. Leon Higginbotham, Jr.(includes five testimonials)LawOgletree, Charles J., Jr., Becker, Edward R., Norton, Eleanor Holmes, Jones, Nathaniel R., Jones, Elaine R.
In memorium: Harry A. Blackmun.(former U.S. Supreme Court Justice)LawBreyer, Stephen G., Morris, Norval, Arnold, Richard S., Karlan, Pamala, Moore, Karen Nelson
Intergovernmental compacts in Native American law: models for expanded usage.Law 
International law - Foreign Sovereign Immunities Act - Eleventh Circuit refuses to allow garnishment against government instrumentality to satisfy judgment against associated terrorist-sponsoring state.Law 
Intratextualism.(interpreting the Constitution)LawAmar, Akhil Reed
Killing her softly: intimate abuse and the violence of state intervention.LawMills, Linda G.
Lasting stigma: affirmative action and Clarence Thomas's prisoners' rights jurisprudence.Law 
Madison's audience.(influence of James Madison at the Constitutional Convention)LawKramer, Larry D.
Maintaining confidence in confidentiality: the application of the attorney-client privilege to government counsel.Law 
Notice in hostile environment discrimination law.Law 
Positive rights and state constitutions: the limits of federal rationality review.LawHershkoff, Helen
Privacy, technology, and the California "Anti-paparazzi" statute.Law 
Reconceptualizing the role of constructive waiver after Seminole.(waiver of 11th Amendment immunity)(Case Note)Law 
Saenz san prophecy: does the privileges or immunities revival portend the future - or reveal the structure of the present?(constitiutional law)(The Supreme Court, 1998 Term)LawTribe, Laurence
Standing in the way of separation of powers: the consequences of Raines v. Byrd.(Line Item Veto Act)(Case Note)Law 
Statutory interpretation -- Americans with Disabilities Act -- Third Circuit holds that unemployable former employees may sue employers.(Ford v. Schering-Plough Corp.)Law 
Statutory interpretation - Family and Medical Leave Act of 1993 - First Circuit holds that the FMLA includes a private right of action for prospective and former employees.Law 
Taking behavioralism seriously: some evidence of market manipulation.(products liability and the cigarette industry)LawHanson, Jon D., Kysar, Douglas A.
The Case of the Speluncean Explorers.(fictional ethical dilemma)(The Case of the Speluncean Explorers: A Fiftieth Anniversary Symposium)LawFuller, Lon L.
The Case of the Speluncean Explorers: Revisited.(based on a fictional ethical dilemma by Lon F. Fuller, Harvard Law Review, vol. 62, p. 616, 1949)(The Case of the Speluncean Explorers: A Fiftieth Anniversary Symposium)LawSunstein, Cass R., West, Robin L., Easterbrook, Frank H., Butler, Paul, Dershowitz, Alan M., Kozinski, Alex
The constitutionality of race-conscious admissions programs in public elementary and secondary schools.Law 
The criminalization of copyright infringement in the digital era.Law 
The hazards of making public schooling a private business.Law 
The law of cyberspace.Law 
The law of the horse: what cyberlaw might teach.LawLessig, Lawrence
The new constitutional order and the chastening of constitutional aspiration.(The Supreme Court, 1998 Term)LawTushnet, Mark V.
The policy of penalty in kinship care.(foster care by parents' relatives)Law 
The secret ambition of deterrence.LawKahan, Dan M.
The Securities and Exchange Commission and corporate social transparency.LawWilliams, Cynthia A.
The statistics.(The Supreme Court, 1998 Term)Law 
Title VII -- Fourth Circuit holds that post-IRCA, undocumented aliens cannot establish prima facie case of retaliatory refusal to hire under Title VII.(Immigration Control and Reform Act of 1986, Egbuna v. Time-Life Libraries, Inc.)Law 
Title VII - standing - Fourth Circuit denies standing to white men advancing claim of hostile environment due to discrimination against coworkers.Law 
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