Harvard Law Review 2021
- Vol.134
- Cambridge Havard Law Review Association 2021
- Part No.1 Pg: 1-1608p. & Part No.2 Pg: 1609-2894p. 25cm,
Harvard Law Review 2021 Vol.134 Part 1 VMS-022754 Pg: 1-1608p. Part 2 VMS-022755 Pg: 1609-2894p. Harvard Law Review 2021 RC/29 Dt:20/12/2021 Payment Details DD No: 617188 Dt: 24/02/2022 Amt Rs: 21900/-
FOREWORD The Degradation of American Democracy — And the CourtMichael J. Klarman COMMENTS Which Textualism?Tara Leigh Grove The Symbiosis of Abortion and PrecedentMelissa Murray The Political Economy of the Removal PowerGanesh Sitaraman LEADING CASES Department of Homeland Security v. Thuraissigiam Chiafalo v. Washington Trump v. Vance New York State Rifle & Pistol Ass’n v. City of New York Republican National Committee v. Democratic National Committee Our Lady of Guadalupe School v. Morrissey-Berru Espinoza v. Montana Department of Revenue United States v. Sineneng-Smith Agency for International Development v. Alliance for Open Society International, Inc. Kansas v. Glover Department of Homeland Security v. Regents of the University of California Ramos v. Louisiana Kahler v. Kansas Trump v. Mazars USA, LLP Hernández v. Mesa Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania Maine Community Health Options v. United States Comcast Corp. v. National Ass’n of African American–Owned Media County of Maui v. Hawaii Wildlife Fund McGirt v. Oklahoma
ARTICLES The Failed Transparency Regime for Executive Agreements: An Empirical and Normative Analysis Curtis A. Bradley, Jack L. Goldsmith & Oona A. Hathaway Testing Ordinary MeaningKevin P. Tobia NOTES Judicial Takings, Judicial Federalism, and Jurisprudence: An Erie Problem The “Prudential Exhaustion” Doctrine in Transnational Litigation in U.S. Courts RECENT CASES Democratic National Committee v. Hobbs White Glove Staffing, Inc. v. Methodist Hospitals of Dallas
TRIBUTE Justice Ruth Bader Ginsburg Brenda Feigen, Daphna Renan, Deborah Jones Merritt, Harry T. Edwards, John G. Roberts Jr., Margo Schlanger & Paul J. Watford ARTICLES Decryption Originalism: The Lessons of BurrOrin S. Kerr Criminal Municipal CourtsAlexandra Natapoff BOOK REVIEW Legal Internalism In Modern Histories of CopyrightShyamkrishna Balganesh & Taisu Zhang NOTES Nondelegation’s Unprincipled Foreign Affairs Exceptionalism Tribal Power, Worker Power: Organizing Unions in the Context of Native Sovereignty State Courts and the Federalization of Arbitration Law Beyond “No Law to Apply”: Uniting the Current Court in the Context of APA Reviewability RECENT CASES In re Abbott In re State Liberian Community Ass’n of Connecticut v. Lamont Mays v. LaRose United States v. Vaello-Madero Commonwealth v. Mora The Hagia Sophia Case Ramirez v. TransUnion LLC
ARTICLES Rethinking Protections For Indigenous Sacred SitesMichalyn Steele & Stephanie Hall Barclay Long Live The Federal Power Act’s Bright LineJoshua C. Macey & Matthew R. Christiansen BOOK REVIEW Modern Tort Law: Preventing Harms, Not Recognizing WrongsCatherine M. Sharkey NOTES In the Best Interests of the Child Asylum-Seeker: A Threat to Family Unity Tribes Can Prohibit Abortions In Indian Country Interpreting Congress’s Creation of Alternative Remedial Schemes Black Lives Discounted: Altering the Standard for Voir Dire and the Rules of Evidence to Better Account for Implicit Racial Biases Against Black Victims in Self-Defense Cases RECENT CASES Skidmore v. Led Zeppelin Ass’n for Community Affiliated Plans v. U.S. Department of the Treasury State v. Degroot Data Protection Commissioner v. Facebook Ireland Ltd. Washington Post v. McManus Oneida Nation v. Village of Hobart Gogel v. Kia Motors Manufacturing of Georgia, Inc. New York v. U.S. Department of Justice
ARTICLES Turning Neighbors Into NuisancesMaureen E. Brady Fair Housing For A Non-Sexist CityNoah M. Kazis NOTES Beyond Intent: Establishing Discriminatory Purpose in Algorithmic Risk Assessment Constitutional Constraints on Free Exercise Analogies Fanciful Failures: Keeping Nonsense Marks off the Trademark Register The Agreement and the Girmitiya Prosecuting in the Police-less City: Police Abolition’s Impact on Local Prosecutors RECENT CASES Castillo v. G&M Realty L.P. Ali v. Barr City of Oakland v. BP PLC National Wildlife Federation v. Secretary of the U.S. Department of Transportation Baten v. McMaster United States v. Rosemond Juliana v. United States
ARTICLES Privatization’s Preemptive EffectsCraig Konnoth Race-ing Roe: Reproductive Justice, Racial Justice, and the Battle for Roe v. WadeMelissa Murray BOOK REVIEW Living The Sacred: Indigenous Peoples and Religious FreedomKristen A. Carpenter DEVELOPMENTS IN THE LAW Introduction Outlawing Trans Youth: State Legislatures and the Battle over Gender-Affirming Healthcare for Minors Reframing the Harm: Religious Exemptions and Third-Party Harm After Little Sisters The Legal Infrastructure of Childbirth Conditions of Confinement, COVID-19, and the CDC RECENT CASES Tomasella v. Nestlé USA, Inc State v. Andrews United States v. Varner Physicians for Social Responsibility v. Wheeler Jones v. Governor of Florida
ARTICLES The Non–First Amendment Law of Freedom of SpeechGenevieve Lakier Monopolizing WhitenessErika K. Wilson BOOK REVIEW Feminist Scripts for PunishmentI. India Thusi NOTES Affirmative Duties in Immigration Detention Geofence Warrants and the Fourth Amendment From Domicile to Dominion: India’s Settler Colonial Agenda in Kashmir Constitutional Waivers by States and Criminal Defendants RECENT CASES De Pena-Paniagua v. Barr Williams v. Medley Opportunity Fund II, LP Doe v. University of the Sciences Uber Technologies Inc. v. Heller California v. EPA United States v. Miselis Swain v. Junior Students for Fair Admissions, Inc. v. President & Fellows of Harvard College Wilson v. Houston Community College System
ARTICLES Policing the Emergency RoomJi Seon Song Privacy as Privilege: The Stored Communications Act and Internet EvidenceRebecca Wexler BOOK REVIEW Making Immigration LawHiroshi Motomura NOTE The President’s Conditional Pardon Power RECENT CASES United States v. Jones Otto v. City of Boca Raton Revitch v. DIRECTV, LLC United States v. Trice Commonwealth v. McCarthy
The Harvard Law Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. The Review comes out monthly from November through June and has roughly 2,500 pages per volume. The organization is formally independent of the Harvard Law School. Student editors make all editorial and organizational decisions and, together with a professional business staff of three, carry out day-to-day operations.
Aside from serving as an important academic forum for legal scholarship, the Review has two other goals. First, the journal is designed to be an effective research tool for practicing lawyers and students of the law. Second, it provides opportunities for Review members to develop their own editing and writing skills. Accordingly, each issue contains pieces by student editors as well as outside authors.
The Review publishes articles by professors, judges, and practitioners and solicits reviews of important recent books from recognized experts. All articles — even those by the most respected authorities — are subjected to a rigorous editorial process designed to sharpen and strengthen substance and tone.
Most student writing takes the form of Notes, Recent Cases, and Recent Legislation. Notes are approximately 22 pages and are usually written by third-year students. Recent Cases and Recent Legislation are normally 8 pages and are written mainly by second-year students. Recent Cases are comments on recent decisions by courts other than the U.S. Supreme Court, such as state supreme courts, federal circuit courts, federal district courts, and foreign courts. Recent Legislation look at new statutes at either the state or federal level.
Student-written pieces also appear in the special November and April issues. In addition to the Supreme Court Foreword (usually by a prominent constitutional law scholar), faculty Case Comments, and a compilation of statistics about the Court’s previous Term, the November issue includes about 20 Leading Cases, which are analyses by third-year students of the most important decisions of the previous Supreme Court Term. The April issue features the annual Developments in the Law, an in-depth treatment of an important area of the law prepared by third-year editors of the Review.
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