Harvard Law Review, 124: 7 (2011)

Harvard Law Review

Volume 124 · May 2011 · Number 7


Article III and the Scottish Judiciary
James E. Pfander and Daniel D. Birk

Constitutional Alarmism
Trevor W. Morrison

A Justification for Allowing Fragmentation in Copyright

Taxing Partnership Profits Interests: The Carried Interest Problem

New York Court of Appeals Clarifies Standard for Imputability of an Agent’s Fraudulent Conduct to Its Principal in the Context of an In Pari Delicto Defense. — Kirschner v. KPMG LLP, 938 N.E.2d 941 (N.Y. 2010).

D.C. Circuit Holds that EPA Rule Modifying Cap-and-Trade Regulatory System for Hydrochlorofluorocarbons Is Impermissibly Retroactive. — Arkema Inc. v. EPA, 618 F.3d 1 (D.C. Cir. 2010).

Fourth Circuit Holds that State Public Nuisance Suit Against Electricity-Generating Plant Emissions Is Preempted by the Clean Air Act Regime. — North Carolina ex rel. Cooper v. TVA, 615 F.3d 291 (4th Cir. 2010).

Ninth Circuit Holds that Dispute over Private Card Check Agreement Is Subject to Primary Jurisdiction of NLRB. — International Union of Painter & Allied Trades, District 15, Local 159 v. J & R Flooring, Inc., 616 F.3d 953 (9th Cir. 2010).

Congress Expands Incentives for Whistleblowers to Report Suspected Violations to the SEC. — Dodd-Frank Act, Pub. L. No. 111-203, § 922, 124 Stat. 1376, 1841–49 (2010) (to be codified at 15 U.S.C. § 78u-6).

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