Harvard Law Review 2001 - Abstracts

Harvard Law Review 2001
42 U.S.C. s. 1983 - absolute immunity - Sixth Circuit holds that social worker is not absolutely immune from s. 1983 suit.Law 
Almost private remedy: foreign party suits and the U.S. antitrust laws.(Foreign Trade Antitrust Improvements Act of 1982)Law 
A new approach to valuing secured claims in bankruptcy.LawFried, Jesse M., Bebchuk, Lucian Arye
Antidiscrimination and accommodation.LawJolls, Christine
Antitrust and the Information Age: section 2 monopolization analyses in the new economy.(Sherman Antitrust Act)Law 
Article 7(1) of the European Contracts Convention: codifying the practice of applying foreign mandatory rules.Law 
Breathing new life into prosecutorial vindictiveness doctrine.Law 
Campaign finance reform - issue advocacy organization -Congress mandates contribution and expenditure requirements for section 527 organizations.(Internal Revenue Code)(amendments to Federal Election Campaign Act of 1971)Law 
Civil procedure - class actions - Eleventh Circuit reverses certification of plaintiff class on interlocutory appeal under Rule 23(f).Law 
Civil procedure - class actions - Ninth Circuit holds that prior class action tolled the statue of limitations for new class action claim.Law 
Constitutional law - Article III judicial power - Eighth Circuit holds that unpublished opinions must be accorded precedential effect.Law 
Constitutional law - article III justiciability - Ninth Circuit holds that landlords may not assert pre-enforcement free exercise challenge to antidiscrimination statutes.(Case Note)Law 
Constitutional law - establishment clause - Fourth Circuit upholds zoning exemption for religous institutions.Law 
Constitutional law - First Amendment - academic freedom - Fourth Circuit upholds Virginia statute prohibiting state employees from downloading sexually explicit material.(Case Note)Law 
Constitutional law - free exercise clause - Ninth Circuit upholds Oregon regulation limiting special education services to religiously neutral settings.Law 
Constitutional law - free speech clause - Sixth Circuit classifies computer source code as protected speech.Law 
Constitutional law - regulatory takings - Federal Circuit's holding introduces subjective factors into Takings Clause denominator analysis.Law 
Constitutional law - Sixth Circuit holds that school voucher program violates the Establishment Clause.Law 
Constitutional law - state sovereign immunity - Seventh Circuit holds that states waive sovereign immunity by arbitrating interconnection agreements under the Telecommunications Act of 1996.Law 
Constitutional law - substantive due process - Eighth Circuit denies liability for returning child in state custody to parent despite known potential for abuse.Law 
Constitutional law.(The Supreme Court: 2000 Term)Law 
Constitutional risks to equal protection in the criminal justice system.Law 
Contract law - unilateral mistake - Supreme Court of California explicity accepts Restatement (Second) of Contracts prosvisions as state law.(Case Note)Law 
Copyright law - District Court holds that website's posting of and linking to code that decrypts DVD copyright protection technology violates Digital Millennium Copyright Act.(Case Note)Law 
Copyright law - fair use - Ninth Circuit holds that breakaway church cannot invoke fair use to reprint copyrighted book suppressed by parent church.Law 
Criminal procedure - sustantive due process - D.C. Circuit holds that the government may forcibly treat incompetenet criminal defendants with antipsychotic medication to render them competent to stand trial.(Case Note)Law 
Development in the law: international criminal law.Law 
Domestic relations - same-sex couples - Vermont creates system of civil unions - Act Relating to Civil Unions.Law 
English law - court of appeal authorizes surgical separation of conjoined twins although procedure will kill one twin.Law 
eroG .v hsuB and its disguises: freeing Bush v. Gore from its hall of mirrors.(The Supreme Court: 2000 Term)LawTribe, Laurence
Evidence - Sixth Circuit holds that Tarasoff disclosures do not vitiate physchotherapist-patient privilege.Law 
Exploitative publishers, untrustworthy systems, and the dream of a digital revolution for artists.Law 
Fairness versus welfare.(in the assessment of legal policies)LawKaplow, Louis, Shavell, Steven
Family law - contract - Supreme Court of New Jersey holds that preembryo disposition agreements are not binding when one party later objects.(Case Note)Law 
Federal court involvement in redistricting litigation.Law 
Federalism and environmental regulation: a public choice analysis.LawRevesz, Richard L.
Federal jurisdiction and procedure.(The Supreme Court: 2000 Term)Law 
Federal preemption of state law - ERISA - Fifth Circuit upholds state statute allow HMOs to be sued for doctors' negligence.(Case Note)Law 
Federal statutes and regulations.(The Supreme Court: 2000 Term)Law 
Federal statutes - Electronic Communications Privacy Act of 1986 - Ninth Circuit holds that the Wiretap Act protects electronic communications in storage to the same extent as those in transit.Law 
Firearms litigation - Supreme Court of California holds that state products liability statute bars negliegence action against firearms manufacturer.(Case Note)Law 
Foreword: we the court.(The Supreme Court: 2000 Term)LawKramer, Larry D.
Fourth Amendment - exclusionary rule - Seventh Circuit holds that the suppression of evidence is a disproportionately severe sanction for a timing violation of the knock and announce requirement.(Case Note)Law 
Immigration law - asylum - Ninth Circuit holds that persecuted homosexual Mexican man with a female sexual identity qualifies for asylum under particular social group standards.Law 
In memorium: Abram Chayes.LawHoffmann, Stanley, Bok, Derek, Lewis, Anthony, Slaughter, Anne-Marie
In memorium: David Charny.(law teacher)(contain 7 testimonials)LawFrug, Gerald E., Clark, Robert C., Pildes, Richard H., Halley, Janet E., Jolls, Christine, Kennedy, David, Partker, Richard
Labor law - NLRB holds that graduate assistants enrolled at private universities are 'employees' under the National Labor Relations Act.Law 
Making mixed-income communities possible: tax base sharing and class desegregation.Law 
Non sub homine? A survey and analysis of the legal resolution of election 2000.Law 
O.J. Simpson, Bill Clinton, and the transsubstantive Fourth Amendment.(searches for evidence of a crime)Law 
Powers of Congress and the court regarding the availability and scope of review.Law 
Presidential administration.LawKagan, Elena
Punishing dangerousness: cloaking preventive detention as criminal justice.LawRobinson, Paul H.
Race, rights, and remedies: census sampling and the Voting Rights Act.Law 
Restructuring the modern treaty power.Law 
Rethinking the Electoral College debate: the Framers, federalism, and one person, one vote.Law 
State courts and "passive virtues": rethinking the judicial function.LawHershkoff, Helen
The CITES Fort Lauderdale criteria: the uses and limits on science in international conversation decisionmaking.(Convention on International Trade in Endangered Species of Wild Fauna and Flora)Law 
The Cuban Amendment Act of 1966: mirando por los ojos de Don Quijote o Sancho Panza?Law 
The irrational application of rational basis: Kimel, Garrett, and congressional power to abrogate state sovereign immunity.Law 
The irrelevance of constitutional amendments.LawStrauss, David A.
The rhetoric of difference and the legitimacy of capital punishment.Law 
The statistics.(The Supreme Court: 2000 Term)(Statistical Data Included)Law 
Title VI - Third Circuit upholds validity of standardized test scores as a component of freshmen athletic eligibility requirements.Law 
Tort law - indirect reliance - New Jersey Supreme Court rejects fraud-on-the-market theory.Law 
Toward a new history of American accident law: classical tort law and the cooperative first-party insurance movement.LawWitt, John Fabian
Trademark law - Federal Trademark Dilution Act - Sixth Circuit holds that plaintiffs need not show actual harm to prove dilution.Law 
Understanding the right to an undiluted vote.LawGerken, Heather K.
What we talk about when we talk about persons: the language of a legal fiction.Law 
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