Volume 125 Issue 7
May 2012
Articles
Introduction: Pragmatism and Private Law
The Obligatory Structure of Copyright Law: Unbundling the Wrong of Copying
Property as the Law of Things
Duties, Liabilities, and Damages
Palsgraf, Punitive Damages, and Preemption
Notes
The Perils of Fragmentation and Reckless Innovation
Independence, Congressional Weakness, and the Importance of Appointment: The Impact of Combining Budgetary Autonomy with Removal Protection
Recent Cases
Mattos v. Agarano
Ninth Circuit Holds Female Plaintiffs Brought Valid Excessive Force Claims Against Police Officers Who Tased Them.
Briscoe v. City of New Haven
Second Circuit Declines to Extend Ricci v. DeStefano.
United States v. Fitch
Ninth Circuit Affirms 262-Month Sentence Based on Uncharged Murder.
Johnson v. Poway Unified School District
Ninth Circuit Holds that Teacher Speech in School-Related Settings Is Necessarily Government Speech.
Recent Legislation
National Defense Authorization Act for Fiscal Year 2012
Congress Restricts Guantánamo Transfers, Prompting Constitutional Signing Statement Objection.
Recent Publication
Recent Publications
Forum
The Varieties of Corruption and the Problem of Appearance: A Response to Professor Samaha
Responding to Adam Samaha, Regulation for the Sake of Appearance, 125 Harv. L. Rev. 1563 (2012)
When Things Aren’t What They Seem: Context and Cognition in Appearance-Based Regulation
Responding to Adam Samaha, Regulation for the Sake of Appearance, 125 Harv. L. Rev. 1563 (2012)
Copyright Is Not About Copying
Responding to Shyamkrishna Balganesh, The Obligatory Structure of Copyright Law: Unbundling the Wrong of Copying, 125 Harv. L. Rev. 1664 (2012)
Unifying Copyright: An Instrumentalist’s Response to Shyamkrishna Balganesh
Responding to Shyamkrishna Balganesh, The Obligatory Structure of Copyright Law: Unbundling the Wrong of Copying, 125 Harv. L. Rev. 1664 (2012)
Exclusion and Private Law Theory: A Comment on Property as the Law of Things
Responding to Henry E. Smith, Property as the Law of Things, 125 Harv. L. Rev. 1691 (2012)
Property as Modularity
Responding to Henry E. Smith, Property as the Law of Things, 125 Harv. L. Rev. 1691 (2012)
Comments on Stephen Smith’s Duties, Liabilities, and Damages
Responding to Stephen Smith, Duties, Liabilities, and Damages, 125 Harv. L. Rev. 1727 (2012)
New Private Law Theory and Tort Law: A Comment
Responding to Benjamin C. Zipursky, Palsgraf, Punitive Damages, and Preemption, 125 Harv. L. Rev. 1757 (2012)
Method and Morality in the New Private Law of Torts
Responding to Benjamin C. Zipursky, Palsgraf, Punitive Damages, and Preemption, 125 Harv. L. Rev. 1757 (2012)