Harvard Law Review, 123: 3 (2010)


Harvard Law Review

Volume 123 · January 2010 · Number 3



Complementary Constraints: Separation of Powers, Rational Voting, and Constitutional Design
Jide O. Nzelibe and Matthew C. Stephenson

Enabling Employee Choice: A Structural Approach to the Rules of Union Organizing
Benjamin I. Sachs

Central Bank and Intellectual Property

Constitutional Law — Eighth Amendment — Eastern District of California Holds that Prisoner Release Is Necessary To Remedy Unconstitutional California Prison Conditions — Coleman v. Schwarzenegger, No. CIV S-90-0520 LKK JFM P, 2009 WL 2430820 (E.D. Cal. Aug. 4, 2009).

Criminal Law — Sentencing Guidelines — Seventh Circuit Holds that Involuntary Manslaughter Is Not a Crime of Violence for Sentencing Guidelines’ Recidivism Enhancement. — United States v. Woods, 576 F.3d 400 (7th Cir. 2009).

Federal Statutes — Alien Tort Statute — Second Circuit Looks Beyond Complaint To Find State Action Requirement Satisfied. — Abdullahi v. Pfizer, Inc., 562 F.3d 163 (2d Cir. 2009).

Criminal Law — Supervised Release — Third Circuit Approves Decade-Long Internet Ban for Sex Offender — United States v. Thielemann, 575 F.3d 265 (3d Cir. 2009).

First Amendment — Defamation Law — First Circuit Applies Libel Law that Does Not Allow Truth as a Defense in Cases of “Actual Malice.” — Noonan v. Staples, Inc., 556 F.3d 20, reh’g denied, 561 F.3d 4 (1st Cir. 2009).

Federal Government Litigation — Equal Access to Justice Act — Fourth Circuit Holds that Attorney’s Fees Are Payable to Claimant and Are Eligible for Administrative Offset. — Stephens ex rel. R.E. v. Astrue, 565 F.3d 131 (4th Cir. 2009).

Constitutional Law — Equal Protection — New York Court of Appeals Holds that State May Restrict Legal Alien Access to Disability Benefits. — Khrapunskiy v. Doar, 909 N.E.2d 70 (N.Y. 2009).


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