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Harvard Law Review: Volume 127, Number 8 - June 2014

Harvard Law Review: Volume 127, Number 8 - June 2014
Author: Harvard Law Review
Publisher: Quid Pro Books
Total Pages: 500
Release: 2014-06-10
Genre: Law
ISBN: 161027864X

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Harvard Law Review, Number 8 (June 2014), includes an extensive Symposium on Freedom of the Press, as well as an article, "The Criminal Court Audience in a Post-Trial World," by Jocelyn Simonson, and a book review essay, "The Positive Foundations of Formalism: False Necessity and American Legal Realism," by Lawrence B. Solum. Specifically, the Symposium on press freedoms features: * "Introduction: Reflections on the First Amendment and the Information Economy," by Mark Tushnet * "The 'New' New York Times: Free Speech Lawyering in the Age of Google and Twitter," by Marvin Ammori * "Old-School/New-School Speech Regulation," by Jack M. Balkin * "First Amendment Common Sense," by Susan Crawford * "More than a Feeling: Emotion and the First Amendment," by Rebecca Tushnet * "Press Exceptionalism," by Sonja R. West The issue includes these student contributions: * Note, "Congressional Control of Foreign Assistance to Post-Coup States" * Note, "A Bad Man Is Hard to Find" * Note, "Mediation of Investor-State Conflicts" In addition, case notes explore Recent Cases on such subjects as the FCC power to create Open Internet rules; whether enforcement of a foreign judgment is state action; and threat convictions in internet free speech cases; as well as Recent Legislation on immigration law and local entity compliance in California. The issue includes several Recent Publications summaries. Finally, as the final issue of volume 127, it contains a comprehensive Index of each article, essay, book review, and student work from the year. The Harvard Law Review is offered in a quality digital edition, featuring active Contents, linked notes, active URLs in notes, and proper ebook and Bluebook formatting. 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.


Harvard Law Review: Volume 127, Number 6 - April 2014

Harvard Law Review: Volume 127, Number 6 - April 2014
Author: Harvard Law Review
Publisher: Quid Pro Books
Total Pages: 430
Release: 2014-04-10
Genre: Law
ISBN: 161027878X

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The contents of Number 6 (Apr. 2014) include scholarly articles and student research, as well as as the extensive, annual survey of Developments in the Law. This year's subject is SEXUAL ORIENTATION AND GENDER IDENTITY. Topics include "Pro-Gay and Anti-Gay Speech in Schools," "Transgender Youth and Access to Gendered Spaces in Education," "Classification and Housing of Transgender Inmates in American Prisons," "Animus and Sexual Regulation," and "Progress Where You Might Least Expect It: The Military's Repeal of 'Don't Ask, Don't Tell.'" Each year, the special Developments issue serves, in effect, as a new and detailed book on a cutting-edge legal subject. The issue also includes an article by Jill C. Anderson, "Misreading Like a Lawyer: Cognitive Bias in Statutory Interpretation," and an article by Ryan Bubb & Richard H. Pildes, "How Behavioral Economics Trims Its Sails and Why." In addition, student case notes explore Recent Cases on such diverse subjects as false advertising by disseminating scientific literature, free speech rights of professors in public universities, voter identification laws, sentencing by imposing the condition of penile plethysmography, aiding and abetting violations in international law, and whether intercepting unencrypted wi-fi violates the Wiretap Act. A further student work explores the recent administrative policy of the Social Security Administration's eliminating a surgical requirement for changing trans individuals' gender designation, and another explores a recent administration white paper on national security and whether bulk metadata collection violates the USA PATRIOT Act. Finally, the issue features 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 and Bluebook formatting. The contents of Number 6 (Apr. 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.


Harvard Law Review: Volume 127, Number 3 - January 2014

Harvard Law Review: Volume 127, Number 3 - January 2014
Author: Harvard Law Review
Publisher: Quid Pro Books
Total Pages: 304
Release: 2014-01-15
Genre: Law
ISBN: 1610272226

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The January 2014 issue (Volume 127, Number 3) includes the following articles and student contributions: * Article, "For-Profit Public Enforcement," by Margaret H. Lemos and Max Minzner * Book Review, "Technological Determinism and Its Discontents," by Christopher S. Yoo * Note, "More than a Formality: The Case for Meaningful Substantive Reasonableness Review" * Note, "Appointing State Attorneys General: Evaluating the Unbundled State Executive" * Note, "The Devil Wears Trademark: How the Fashion Industry Has Expanded Trademark Doctrine to Its Detriment" In addition, student case notes explore recent cases on misleading law school employment data, the First Amendment religious rights of for-profit corporations, regulation of nuclear energy, forensic search of laptops at the border, search of cellphone date incident to arrest, obscene or lewd student speech, and access to polling places for news-gathering purposes. Finally, the issue includes several summaries of Recent Publications. The issue is offered in a quality digital edition, featuring active Contents, linked notes, active URLs in notes, and proper ebook formatting. The contents of Number 3 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.


Harvard Law Review: Volume 127, Number 4 - February 2014

Harvard Law Review: Volume 127, Number 4 - February 2014
Author: Harvard Law Review
Publisher: Quid Pro Books
Total Pages: 326
Release: 2014-02-10
Genre: Law
ISBN: 1610278747

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The February 2014 issue (Volume 127, Number 4) features the following articles and essays: * Article, "Partisan Federalism," by Jessica Bulman-Pozen * Book Review, "Never Mind the Constitution," by Jeremy Waldron * Note, "NFIB v. Sebelius and the Individualization of the State Action Doctrine" In addition, student case notes explore Recent Cases on such diverse subjects as FDA limits on Plan B contraception, local zoning bans on medical marijuana sellers, a First Amendment defense to right-of-publicity claims, warrantless searches of cell-site data, copyright fair use and transformative artwork, undocumented alien workers as barred from backpay under labor law, international law and jurisdiction over a facilitator of piracy, juvenile life without parole and retroactivity, whether an unaccepted Rule 68 offer moots a plaintiff's individual claims, whether a private equity fund is a "trade or business" in pension law, and whether a mentally ill prisoner is competent to be executed. Finally, the issue includes two 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 4 (Feb. 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.


Cloud Policy

Cloud Policy
Author: Jennifer Holt
Publisher: MIT Press
Total Pages: 327
Release: 2024-09-17
Genre: Political Science
ISBN: 0262548062

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How the United States’ regulation of broadband pipelines, digital platforms, and data—together understood as “the cloud”—has eroded civil liberties, democratic principles, and the foundation of the public interest over the past century. Cloud Policy is a policy history that chronicles how the past century of regulating media infrastructure in the United States has eroded global civil liberties as well as democratic principles and the foundation of the public interest. Jennifer Holt explores the long arc of regulating broadband pipelines, digital platforms, and the data centers that serve as the cloud’s storage facilities—an evolution that is connected to the development of nineteenth- and twentieth-century media and networks, including railroads, highways, telephony, radio, and television. In the process, Cloud Policy unearths the lasting inscriptions of policy written for an analog era and markets that no longer exist on the contemporary governance of digital cloud infrastructure. Cloud Policy brings together numerous perspectives that have thus far remained largely siloed in their respective fields of law, policy, economics, and media studies. The resulting interdisciplinary argument reveals a properly scaled view of the massive challenge facing policymakers today. Holt also addresses the evolving role of the state in the regulation of global cloud infrastructure and the growing influence of corporate gatekeepers and private sector self-governance. Cloud policy’s trajectory, as Holt explains, has enacted a transformation in the cultural valuation of infrastructure as civic good, turning it into a tool of commercial profit generation. Despite these current predicaments, the book’s historical lens ultimately helps the reader to envision restorative interventions and new forms of activism to create a more equitable future for infrastructure policy.


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

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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.


Harvard Law Review: Volume 127, Number 7 - May 2014

Harvard Law Review: Volume 127, Number 7 - May 2014
Author: Harvard Law Review
Publisher: Quid Pro Books
Total Pages: 542
Release: 2014-05-10
Genre: Law
ISBN: 1610278690

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The Harvard Law Review, Number 7 (May 2014), includes an article, two book review essays, and extensive student research. Specifically, the issue features: * Article, "The Due Process Exclusionary Rule," by Richard M. Re * Book Review, "Consent and Sensibility," by Michelle E. Boardman * Book Review, "The Politics of Financial Regulation and the Regulation of Financial Politics: A Review Essay," by Adam J. Levitin * Note, "Judicial Review of Agency Change" * Note, "Live Free and Nullify: Against Purging Capital Juries of Death Penalty Opponents" In addition, case notes explore Recent Cases on such diverse subjects as whether PASPA is an appropriate exercise of congressional power; antitrust immunity for a state dental board; "bad faith" requirement in WIPO domain name arbitrations; whether a Guantanamo prisoner was properly detained as "part of" enemy forces; whether a state court may remove a domestic violence convict's federal firearms disability; whether recognition of foreign governments is an exclusive executive power; and warrantless access to cell-site location information. Finally, the issue features two 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 and Bluebook formatting. The Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship.


Harvard Law Review

Harvard Law Review
Author:
Publisher:
Total Pages: 752
Release: 2014
Genre: Electronic journals
ISBN:

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Harvard Law Review: Volume 127, Number 2 - December 2013

Harvard Law Review: Volume 127, Number 2 - December 2013
Author: Harvard Law Review
Publisher: Quid Pro Books
Total Pages: 560
Release: 2013-12-10
Genre: Law
ISBN: 1610278704

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The December 2013 issue of the Harvard Law Review is dedicated to the memory of Ronald Dworkin, with In Memoriam essays offered by Richard Fallon, Jr., Charles Fried, John C.P. Goldberg, Frances Kamm, Frank Michelman, Martha Minow, and Laurence Tribe. The issue features an article by David Pozen entitled "The Leaky Leviathan: Why the Government Condemns and Condones Unlawful Disclosures of Information." The issue also includes essays by Nicola Lacey and Geoffrey Shaw examining a previously lost writing by H.L.A. Hart on discretion, as well as the publication of Hart's essay, "Discretion," itself, which he wrote while visiting at Harvard in 1956-1957. Student Notes explore such subjects as regulation of the shadow banking system, vagueness and delegation in the CFAA, and the good faith exception to the exclusionary rule. In addition, student contributions explore Recent Cases on First Amendment commercial speech doctrine and pharmaceutical marketing, school finance under state law, duty of a school to protect from bullying, warrantless search of cell phone data, and untimely raising of ineffective assistance of counsel in a habeas petition after counsel failure. A Recent Legislation summary explores restrictions on War Powers in the context of Guantanamo detainees, and a summary of Recent Legislative Debate involves the filibuster of a Texas abortion bill. Finally, there are also 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 formatting. The contents of Volume 127, Number 2 (Dec. 2013) include scholarly articles and essays by leading academic figures.


The Behavior of Federal Judges

The Behavior of Federal Judges
Author: Lee Epstein
Publisher: Harvard University Press
Total Pages: 491
Release: 2013-01-07
Genre: Law
ISBN: 0674070682

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Judges play a central role in the American legal system, but their behavior as decision-makers is not well understood, even among themselves. The system permits judges to be quite secretive (and most of them are), so indirect methods are required to make sense of their behavior. Here, a political scientist, an economist, and a judge work together to construct a unified theory of judicial decision-making. Using statistical methods to test hypotheses, they dispel the mystery of how judicial decisions in district courts, circuit courts, and the Supreme Court are made. The authors derive their hypotheses from a labor-market model, which allows them to consider judges as they would any other economic actors: as self-interested individuals motivated by both the pecuniary and non-pecuniary aspects of their work. In the authors' view, this model describes judicial behavior better than either the traditional “legalist” theory, which sees judges as automatons who mechanically apply the law to the facts, or the current dominant theory in political science, which exaggerates the ideological component in judicial behavior. Ideology does figure into decision-making at all levels of the federal judiciary, the authors find, but its influence is not uniform. It diminishes as one moves down the judicial hierarchy from the Supreme Court to the courts of appeals to the district courts. As The Behavior of Federal Judges demonstrates, the good news is that ideology does not extinguish the influence of other components in judicial decision-making. Federal judges are not just robots or politicians in robes.