Harvard Law Review: Volume 127, Number 5 - March 2014

Harvard Law Review: Volume 127, Number 5 - March 2014
Author: Harvard Law Review
Publisher: Quid Pro Books
Total Pages: 426
Release: 2014-03-10
Genre: Law
ISBN: 1610278763

The March 2014 issue (Volume 127, Number 5) features the following articles and review essays: * Article, "The Puzzling Presumption of Reviewability," Nicholas Bagley * Book Review, "Making the Modern Family: Interracial Intimacy and the Social Production of Whiteness," Camille Gear Rich * Book Review, "The Case for Religious Exemptions — Whether Religion Is Special or Not," Mark L. Rienzi * Book Review, "Courts as Change Agents: Do We Want More — Or Less?," Jeffrey S. Sutton * Note, "Improving Relief from Abusive Debt Collection Practices" In addition, student case notes explore Recent Cases on such diverse subjects as standing in increased-risk lawsuits, concealed carry permits, free speech and wedding photography, customary international law, and class action tolling in securities cases, as well as Recent Legislation involving domestic violence and Native American tribal jurisdiction. Finally, the issue includes several summaries of Recent Publications. The Harvard Law Review is offered in a quality digital edition, featuring active Contents, linked notes, active URLs in notes, and proper ebook formatting. The contents of Number 5 (Mar. 2014) include scholarly essays by leading academic figures, as well as substantial student research. The Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. The organization is formally independent of the Harvard Law School. Student editors make all editorial and organizational decisions.

Defending American Religious Neutrality

Defending American Religious Neutrality
Author: Andrew Koppelman
Publisher: Harvard University Press
Total Pages: 316
Release: 2013-01-01
Genre: Law
ISBN: 0674071077

Although it is often charged with hostility toward religion, First Amendment doctrine in fact treats religion as a distinctive human good. It insists, however, that this good be understood abstractly, without the state taking sides on any theological question. Here, a leading scholar of constitutional law explains the logic of this uniquely American form of neutrality—more religion-centered than liberal theorists propose, and less overtly theistic than conservatives advocate. The First Amendment’s guarantee of freedom of religion is under threat. Growing numbers of critics, including a near-majority of the Supreme Court, seem ready to cast aside the ideal of American religious neutrality. Andrew Koppelman defends that ideal and explains why protecting religion from political manipulation is imperative in an America of growing religious diversity. Understanding American religious neutrality, Koppelman shows, can explain some familiar puzzles. How can Bible reading in public schools be impermissible while legislative sessions begin with prayers, Christmas is an official holiday, and the words “under God” appear in the Pledge of Allegiance? Are faith-based social services, public financing of religious schools, or the teaching of intelligent design constitutional? Combining legal, historical, and philosophical analysis, Koppelman shows how law coherently navigates these conundrums. He explains why laws must have a secular legislative purpose, why old, but not new, ceremonial acknowledgments of religion are permitted, and why it is fair to give religion special treatment.

Harvard Law Review

Harvard Law Review
Author: Harvard Law Review
Publisher: Quid Pro Books
Total Pages: 561
Release: 2013-05-03
Genre: Law
ISBN: 1610278801

The Harvard Law Review is offered in a digital edition, featuring active Contents, linked notes, and proper ebook formatting. The contents of Issue 7 include a Symposium on privacy and several contributions from leading legal scholars: Article, "Agency Self-Insulation Under Presidential Review," by Jennifer Nou Commentary, "The Office of Information and Regulatory Affairs: Myths and Realities," by Cass R. Sunstein SYMPOSIUM: PRIVACY AND TECHNOLOGY "Introduction: Privacy Self-Management and the Consent Dilemma," by Daniel J. Solove "What Privacy Is For," by Julie E. Cohen "The Dangers of Surveillance," by Neil M. Richards "The EU-U.S. Privacy Collision: A Turn to Institutions and Procedures," by Paul M. Schwartz "Toward a Positive Theory of Privacy Law," by Lior Jacob Strahilevitz Book Review, "Does the Past Matter? On the Origins of Human Rights," by Philip Alston A student Note explores "Enabling Television Competition in a Converged Market." In addition, extensive student analyses of Recent Cases discuss such subjects as First Amendment implications of falsely wearing military uniforms, First Amendment implications of public employment job duties, justiciability of claims that Scientologists violated trafficking laws, habeas corpus law, and ineffective assistance of counsel claims. Finally, the issue includes several summaries of Recent Publications. 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 2000 pages per volume. The organization is formally independent of the Harvard Law School. Student editors make all editorial and organizational decisions. This issue of the Review is May 2013, the 7th issue of academic year 2012-2013 (Volume 126).

Captive Audience

Captive Audience
Author: Susan Crawford
Publisher: Yale University Press
Total Pages: 351
Release: 2013-01-08
Genre: Law
ISBN: 0300167377

Ten years ago, the United States stood at the forefront of the Internet revolution. With some of the fastest speeds and lowest prices in the world for high-speed Internet access, the nation was poised to be the global leader in the new knowledge-based economy. Today that global competitive advantage has all but vanished because of a series of government decisions and resulting monopolies that have allowed dozens of countries, including Japan and South Korea, to pass us in both speed and price of broadband. This steady slide backward not only deprives consumers of vital services needed in a competitive employment and business market—it also threatens the economic future of the nation. This important book by leading telecommunications policy expert Susan Crawford explores why Americans are now paying much more but getting much less when it comes to high-speed Internet access. Using the 2011 merger between Comcast and NBC Universal as a lens, Crawford examines how we have created the biggest monopoly since the breakup of Standard Oil a century ago. In the clearest terms, this book explores how telecommunications monopolies have affected the daily lives of consumers and America's global economic standing.

The Right of Publicity

The Right of Publicity
Author: Jennifer Rothman
Publisher: Harvard University Press
Total Pages: 170
Release: 2018-05-07
Genre: Law
ISBN: 0674986350

Who controls how one’s identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity—a little-known law, often wielded by celebrities—to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity’s emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right’s subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works. The Right of Publicity traces the right’s origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from “wrongful publicity.” This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes’ images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn. The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.

Harvard Law Review: Volume 128, Number 5 - March 2015

Harvard Law Review: Volume 128, Number 5 - March 2015
Author: Harvard Law Review
Publisher: Quid Pro Books
Total Pages: 274
Release: 2015-03-10
Genre: Law
ISBN: 161027833X

The Harvard Law Review, March 2015, is offered in a digital edition. Contents include: • Article, "Creating Around Copyright," Joseph P. Fishman • Book Review, "Growing Up Outside the Law," Stephen Lee • Book Review, "Property Is the New Privacy: The Coming Constitutional Revolution," Suzanna Sherry • Note, "Working Together for an Independent Expenditure: Candidate Assistance with Super PAC Fundraising" In addition, the issue features student commentary on Recent Cases and policy positions, including such subjects as: defining 'government instrumentality' under the Foreign Corrupt Practices Act, invalidation of New York soda-portion cap, whether the Federal Energy Regulatory Commission lacks jurisdiction over rates for nonconsumption of energy, standard of review for compelled disclosures under commercial speech doctrine, Alien Tort Statute claims against an Abu Ghraib contractor, preemption of local zoning ordinances banning hydrofracking, and the Department of Justice's new presumption of electronically recording custodial interviews. Finally, the issue features several summaries of Recent Publications. 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 2500 pages per volume. The organization is formally independent of the Harvard Law School. Student editors make all editorial and organizational decisions. This issue of the Review is March 2015, the fifth issue of academic year 2014-2015 (Volume 128). The digital edition features active Contents, linked notes, and proper ebook and Bluebook formatting.

Harvard Law Review: Volume 129, Number 5 - March 2016

Harvard Law Review: Volume 129, Number 5 - March 2016
Author: Harvard Law Review
Publisher: Quid Pro Books
Total Pages: 402
Release: 2016-03-09
Genre: Law
ISBN: 1610278178

The March 2016 issue, No. 5, features these contents: • Article, "Marriage Equality and the New Parenthood," by Douglas NeJaime • Essay, "Horizontal Shareholding," by Einer Elhauge • Book Review, "Keeping Track: Surveillance, Control, and the Expansion of the Carceral State," by Kathryne M. Young and Joan Petersilia • Note, "Constitutional Courts and International Law: Revisiting the Transatlantic Divide" • Note, "Defining the Press Exemption from Campaign Finance Restrictions" • Note, "Let the End Be Legitimate: Questioning the Value of Heightened Scrutiny's Compelling- and Important-Interest Inquiries" In addition, student commentary analyzes Recent Cases on state abortion laws and precedent; expectation of privacy in pocket dial; tax deductions for medical marijuana dispensary; appointments clause test for executive branch reassignments; takings by residential inclusionary zoning; and statutory interpretation using corpus linguistics. A commentary focuses on the Recent Court Filing by the DOJ arguing that a city ordinance prohibiting camping and sleeping outdoors violates the Eighth Amendment. Finally, the issue includes two brief comments on Recent Publications. The Harvard Law Review is offered in a quality digital edition, featuring active Contents, linked footnotes, active URLs, legible tables, and proper ebook and Bluebook formatting. The Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. It comes out monthly from November through June and has roughly 2500 pages per volume. Student editors make all editorial and organizational decisions. This is the fifth issue of academic year 2015-2016.

According to Our Hearts

According to Our Hearts
Author: Angela Onwuachi-Willig
Publisher: Yale University Press
Total Pages: 415
Release: 2013-06-18
Genre: Social Science
ISBN: 0300166885

DIV This landmark book looks at what it means to be a multiracial couple in the United States today. According to Our Hearts begins with a look back at a 1925 case in which a two-month marriage ends with a man suing his wife for misrepresentation of her race, and shows how our society has yet to come to terms with interracial marriage. Angela Onwuachi-Willig examines the issue by drawing from a variety of sources, including her own experiences. She argues that housing law, family law, and employment law fail, in important ways, to protect multiracial couples. In a society in which marriage is used to give, withhold, and take away status—in the workplace and elsewhere—she says interracial couples are at a disadvantage, which is only exacerbated by current law. /div