By Michael Svedman* In her recent proposal to break up Amazon, Google, and Facebook, Elizabeth Warren sounds the familiar antitrust alarm. Weak antitrust enforcement has allowed big tech companies to achieve Gilded Age levels of market dominance. They use mergers and proprietary marketplaces to acquire or exclude their competitors. The effect is to squeeze out small and medium-sized businesses, limit competition, and stifle innovation. Even if these firms provide reliable services …
Revictimized: How the Military Justice System Fails Victims of Child Pornography Offenses
By Michael Webert* Introduction In the wake of recent decisions by the Court of Appeals for the Armed Forces (CAAF), the military justice system’s highest appellate court, victims of child pornography offenses now receive substantially different rights and treatment in military courts than in federal civilian courts. Two key issues in child pornography cases are now handled much differently, depending on the forum: notification and participation. In the civilian system, child …
SCOTUS Gambles with Pardon Power
By Eric Allen Kauk* On November 20, 2015, around 11:00 p.m. Terance Gamble was pulled over in Mobile, Alabama by a local police officer for having a busted light on his car. As the officer walked up to the car, he smelled marijuana, so he removed Mr. Gamble from the car while he searched the vehicle. The officer found a small amount of marijuana and a firearm. Marijuana is still illegal in Alabama, but the gun was the bigger issue for Mr. Gamble. In addition to numerous other …
The Harvard Law and Policy Review is excited to announce the release of Volume 10.2! Volume 10.2 explores cutting edge policymaking at the state level—examining meaningful changes, setbacks, and lessons learned—as well as the legal questions surrounding state innovation. It also includes articles by Catherine MacKinnon, Brishen Rogers and others on important, topical legal and policy debates. Symposium: State of the States: Laboratories of Democracy Foreword: …
The Goals of Good Process: Lessons from Mass Claims
By Benjamin Rajotte and Vikram J. Kapoor* Imagine that you were hurt by something beyond your control. Maybe a faulty product, or a commercial plane crash. Something big and painful to us and many other people. Amidst the emotional turmoil, we might be fairly motivated to recover for our losses. But what if we could not recover anything under the law…what then? Or what if we knew that a lawsuit would take a long time and cost a great deal, with plenty of uncertainty? And though we may …
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The Highest Pharmaceutical Companies in the Land: The Legal Ramifications of Private Sector Objections to the Death Penalty
By Rose Carmen Goldberg* “Welcome to Groundhog Day,” as former Justice Scalia once said. The scene is familiar. This month, yet another pharmaceutical company has voiced opposition to use of its drugs in executions. In a public statement, pharmaceutical juggernaut Pfizer announced it will not supply drugs for lethal injections, and will enforce strict distribution restrictions to this end. Yet the scene is also different. Though many pharmaceutical companies have spoken out against the death …