Harvard Law Review Volume 127 Number 5 March 2014

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, 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.

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.

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.

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.

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.

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.

The November issue is the special annual review of the U.S. Supreme Court's previous Term. Each year, the issue is introduced by noteworthy and extensive contributions from recognized scholars. In this issue, for the 2013 Term, articles include: • Foreword: "The Means of Constitutional Power," by John F. Manning • Comment: "Slipping the Bonds of Federalism," by Heather K. Gerken • Comment: "The Supreme Court as a Constitutional Court," by Jamal Greene • Comment: "The Hobby Lobby Moment," by Paul Horwitz In addition, the first issue of each new volume provides an extensive summary of the important cases of the previous Supreme Court docket, covering a wide range of legal, political and constitutional subjects. Student commentary on Leading Cases of the 2013 Term includes recent cases on: content neutrality under the First Amendment; compelled subsidized speech; free speech and contribution limits; legislative prayer and the establishment of religion; search and seizure law as to anonymous tips, cellphones, and cotenant consent; equal protection and political process; right to counsel; Eighth Amendment issues for intellectually impaired defendants; standing and jurisdiction; class actions; tribal immunity; the Clean Air Act; immigration of children; misrepresentation of buyer and gun control law; and copyright law's Transmit Clause. Complete statistical graphs and tables of the Court's actions and results during the Term are included. Finally, the issue features several summaries of Recent Publications. The issue also features essays on substantive and procedural law, and judicial method, honoring Justice Stephen G. Breyer and his notable contributions to law and the Supreme Court. The essays are written by scholars Martha Minow, Martha Field, Cass Sunstein, Richard Fallon, Michael Klarman, Todd Rakoff, Joseph Singer, John Manning, Laurence Tribe, I. Glenn Cohen, and Mark Tushnet. 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. This current issue of the Review is November 2014, the first issue of academic year 2014-2015 (Volume 128).