Forum & Responses


Volume 123 · January 2010 · Number 3

Responding to Benjamin I. Sachs, Enabling Employee Choice: A Structural Approach to the Rules of Union Organizing
Freeing Employee Choice: The Case For Secrecy in Union Organizing and Voting
By Cynthia Estlund


Volume 123 · December 2009 · Number 2

Responding to Richard C. Schragger, Mobile Capital, Local Economic Regulation, and the Democratic City
Disappearing Neighbors
By David D. Troutt

Responding to Einer Elhauge, Tying, Bundled Discounts, and the Death of the Single Monopoly Profit Theory
Should Antitrust Condemn Tying Arrangements that Increase Price Without Restraining Competition?
By Steven Semeraro


Volume 122 · June 2009 · Number 8

Responding to John F. Manning, Federalism and the Generality Problem in Constitutional Interpretation
The Constitutional Legitimacy of Freestanding Federalism
By Gillian E. Metzger


Volume 122 · April 2009 · Number 6

Responding to Shyamkrishna Balganesh, Foreseeability and Copyright Incentives
Trespass-Copyright Parallels and the Harm-Benefit Distinction
By Wendy J. Gordon

Copyright and Its Rewards, Foreseen and Unforeseen
By Justin Hughes


Volume 122 · January 2009 · Number 3

Responding to Dan M. Kahan, David A. Hoffman, and Donald Braman, Whose Eyes are you Going to Believe? Scott v. Harris and the Perils of Cognitive Illiberalism
The Perils of the Fight Against Cognitive Illiberalism
By Christopher Slobogin


Volume 122 · December 2008 · Number 2

Responding to Carlos Manuel Vázquez, Treaties as Law of the Land: The Supremacy Clause and the Judicial Enforcement of Treaties
Law (Makers) of the Land: The Doctrine of Treaty Non-Self-Execution
By David H. Moore

Responding to D. James Greiner, Causal Inference in Civil Rights Litigation
Not All Statistics Are Created Equal
By D. James Greiner

Statistics is a Plural Word
By Steven L. Willborn and Romana L. Paetzold


Volume 121 · May 2008 · Number 7

Responding to Richard H. Fallon, Jr., The Core of an Uneasy Case For Judicial Review
A 'Hard Core' Case Against Judicial Review
By Allan C. Hutchinson


Volume 121 · April 2008 · Number 6

Responding to Michael Heller and Rick Hills, Land Assembly Districts
The Limitations of Majoritarian Land Assembly
By Daniel B. Kelly


Volume 121 · December 2007 · Number 2

Responding to Jacob E. Gersen and Eric A. Posner, Timing Rules and Legal Institutions
Optimal Timing of Legal Intervention: The Role of Timing Rules
By Barbara Luppi & Francesco Parisi


Volume 120 · May 2007 · Number 7

Responding to Eugene Volokh, Medical Self-Defense, Prohibited Experimental Therapies, and Payment for Organs
Response
By Richard M. Cooper

Governing Health
By Jennifer Prah Ruger

Unenumerated Rights and the Limits of Analogy: A Critique of the Right to Medical Self-Defense
By O. Carter Snead


Volume 120 · February 2007 · Number 4

Responding to Curtis A. Bradley, Jack L. Goldsmith, and David H. Moore, Sosa, Customary International Law, and the Continuing Relevance of Erie
Customary International Law and the Question of Legitimacy
By William S. Dodge

SOSA and the Retail Incorporation of International Law
By Ernest A. Young

Responding to Orly Lobel, The Paradox of Extralegal Activism: Critical Legal Consciousness and Transformative Politics
Critical Legal Consciousness in Action
By Scott L. Cummings

State-Lovers, State-Haters, and Orly Lobel
By Robert C. Fellmeth


Volume 120 · January 2007 · Number 3

Responding to Seana Valentine Shiffrin, The Divergence of Contract and Promise
What's Morality Got To Do With It?
By Barbara H. Fried

The Convergence of Contract and Promise
By Charles Fried

Contract and Promise
By Liam Murphy


Volume 120 · December 2006 · Number 2

Responding to Matthew C. Stephenson, The Strategic Substitution Effect: Textual Plausibility, Procedural Formality, and Judicial Review of Agency Statutory Interpretations
Subtitution Strategies
By Jacob E. Gersen

Modeling Agency / Court Interaction
By Emerson Tiller & Frank B. Cross


Volume 119 · June 2006 · Number 8

Responding to Daryl J. Levinson and Richard H. Pildes, Separation of Parties, Not Powers
Why Parties and Powers Both Matter: A Separationist Response to Levinson and Pildes
By Richard A. Epstein


Volume 119 · April 2006 · Number 6

Responding to Richard A. Primus, The Riddle of Hiram Revels
Response to The Riddle of Hiram Revels
By Mark Tushnet


Volume 119 · March 2006 · Number 5

Responding to Richard H. Fallon, Jr., Judicially Manageable Standards and Constitutional Meaning
Aspirational Rights and the Two-Output Thesis
By Mitchell N. Berman

The Pragmatist's View of Constitutional Implementation and Constitutional Meaning
By Roderick M. Hills, Jr.

Aspiration and Underenforcement
By Kermit Roosevelt III

Responding to Henry Hansmann, Reiner Kraakman, and Richard Squire, Law and the Rise of the Firm
Entity Shielding and the Development of Business Forms: A Comparative Perspective
By Naomi R. Lamoreaux and Jean-Laurent Rosenthal


Volume 119 · February 2006 · Number 4

Responding to Susanna L. Blumenthal, The Deviance of the Will: Policing the Bounds of Testamentary Freedom in Nineteenth-Century America
The Will of the Deviant
By Joel Peter Eigen

Responding to Matthew C. Stephenson, Legislative Allocation of Delegated Power: Uncertainty, Risk, and the Choice Between Agencies and Courts
Modeling Coherence, Stability, and Risk Aversion in Legislative Delegation Decisions
By Daniel A. Farber

Delegation, Risk Diversification, and the Properly Political Project of Administrative Law
By Daniel B. Rodriguez

Reply: The Legislative Choice Between Agencies and Courts: A Response to Farber and Vermeule
By Matthew C. Stephenson

The Delegation Lottery
By Adrian Vermeule

Responding to Cass R. Sunstein, Misfearing: A Reply
Cultural Evaluations of Risk: "Values" or "Blunders"?
By Dan M. Kahan & Paul Slovic


Volume 119 · January 2006 · Number 3

Responding to Arthur R. Miller, Common Law Protection For Products of the Mind: An "Idea" Whose Time Has Come
"An Idea Whose Time Has Come" — But Where Will It Go?
By Jane C. Ginsburg

Promises! Promises!
By David Nimmer

Responding to William J. Stuntz, The Poltical Constitution of Criminal Justice
Killer Seatbelts and Criminal Procedure
By David Alan Sklansky

Reply: Of Seatbelts and Sentences, Supreme Court Justices and Spending Patterns — Understanding the Unraveling of American Criminal Justice
By William J. Stuntz

First Causes and the Dynamics of Criminal Justice
By Robert Weisberg

Responding to Frederick Schauer, (Re)Taking Hart
Hart and the Concepts of Law
By Ronald Dworkin

The Demise of Legal Positivism?
By David Dyzenhaus

Schauer on Hart
By William Twining


Volume 119 · December 2005 · Number 2

Responding to Philip P. Frickey, (Native) American Exceptionalism in Federal Public Law
The Renaissance of Tribal Sovereignty, the Negative Doctrinal Feedback Loop, and the Rise of a New Exceptionalism
By Sarah Krakoff

Ambiguity and the Academic: The Dangerous Attraction of Pan-Indian Legal Analysis
By Ezra Rosser

Double Bind: Indian Nations v. The Supreme Court
By Joseph William Singer

Dualism and the Dialogic of Incorporation in Federal Indian Law
By Alex Tallchief Skibine

Responding to Jill Elaine Hasday, Intimacy and Economic Exchange
Can Separate Be Equal? Intimate Economic Exchange and the Cost of Being Special
By Hila Keren

Responding to Orin S. Kerr, Searches and Seizures in a Digital World
The Fourth Amendment Right To Delete
By Paul Ohm

Fourth Amendment Search and the Power of the Hash
By Richard P. Salgado

Searches and Seizures in a Networked World
By Jonathan Zittrain


Volume 118 · January 2005 · Number 3

Responding to Lucian Arye Bebchuk, The Case for Increasing Shareholder Power
Bebchuck's "Case for Increasing Shareholder Power": An Opposition
By Theodore N. Mirvis, Paul K. Rowe, & William Savitt



ABOUT THE FORUM

Welcome to the Harvard Law Review Forum.

It has been our experience that short Responses to our Articles often add a great deal of value to the Review, and to the Articles themselves. However, the constraints of the publication process make it impossible for us to publish as many Responses, in as timely a manner, as we would like. The Forum is an online extension of our printed pages that is intended to allow for a more robust scholarly discussion of our Articles.

In addition to allowing us to publish more timely Responses, the Forum also allows scholars to contribute ideas that may not lend themselves to the traditional law review format. To that end, Forum Responses should be approximately 3000 words long, and should be lightly footnoted and sourced in comparison to traditional Articles. However, they are subject to the same editorial standards as the material that appears in our printed volume.

Responses appearing in the Forum are permanently published on our website as Adobe PDF files, and are available on the Lexis and Westlaw databases. The Forum is formatted and paginated like our printed volume, and should be cited as follows:

Jane Smith, Response Title,
120 Harv. L. Rev. F. 1 (2006),
www.harvardlawreview.org/forum/
issues/120/dec06/author.pdf.

The Forum may feature multiple Responses to each Article in the Review. Responses are published on a rolling basis; we invite you to follow the conversations as they unfold.

How to Submit a Response
We accept essays responding to Articles appearing in the December 2006 Issue of the Law Review and all subsequent Issues (we cannot accept responses to student pieces, book reviews, or Articles published before December 2006). Contributors may submit their essays through our electronic submission system, preferably in Microsoft Word format.

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