| Harvard Law Review 1999 |
| Title | Subject | Authors |
|---|
| 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) | Law | Michaels, 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. | Law | Heller, 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) | Law | Shapiro, David L. |
| In memoriam: Elisabeth A. Owens.(includes 4 testamonials) | Law | Kay, Herma Hill, Ball, Gerald T., McIntyre, Michael J., Oldman, Oliver |
| In memoriam: Lewis F. Powell, Jr.(Supreme Court justice, includes 6 testimonials) | Law | Wilkinson, 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) | Law | Ogletree, 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) | Law | Breyer, 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) | Law | Amar, Akhil Reed |
| Killing her softly: intimate abuse and the violence of state intervention. | Law | Mills, 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) | Law | Kramer, 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. | Law | Hershkoff, 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) | Law | Tribe, 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) | Law | Hanson, Jon D., Kysar, Douglas A. |
| The Case of the Speluncean Explorers.(fictional ethical dilemma)(The Case of the Speluncean Explorers: A Fiftieth Anniversary Symposium) | Law | Fuller, 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) | Law | Sunstein, 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. | Law | Lessig, Lawrence |
| The new constitutional order and the chastening of constitutional aspiration.(The Supreme Court, 1998 Term) | Law | Tushnet, Mark V. |
| The policy of penalty in kinship care.(foster care by parents' relatives) | Law | |
| The secret ambition of deterrence. | Law | Kahan, Dan M. |
| The Securities and Exchange Commission and corporate social transparency. | Law | Williams, 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 | |
This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.
