Forum & Responses


Volume 125 · January 2012 · Number 3

Responding to Rebecca Tushnet, Worth a Thousand Words: The Images of Copyright
More Than a Thousand Words in Response to Rebecca Tushnet
By Christina Spiesel


Volume 125 · December 2011 · Number 2

Responding to Orin S. Kerr, An Equilibrium-Adjustment Theory of the Fourth Amendment
An Original Take on Originalism
By Christopher Slobogin

Responding to Jamal Greene, The Anticanon
Hollow Hopes and Exaggerated Fears: The Canon/Anticanon in Context
By Mark A. Graber

Is Dred Scott Really the Worst Opinion of All Time? Why Prigg Is Worse Than Dred Scott (But Is Likely to Stay Out of the “Anticanon”)
By Sanford Levinson


Volume 125 · November 2011 · Number 1

Responding to Dan M. Kahan, Neutral Principles, Motivated Cognition, and Some Problems for Constitutional Law
Democracy’s Distrust: Contested Values and the Decline of Expertise
By Suzanna Sherry

“I Couldn’t See It Until I Believed It”: Some Notes on Motivated Reasoning in Constitutional Adjudication
By Mark Tushnet


Volume 124 · June 2011 · Number 8

Responding to John F. Manning, Separation of Powers as Ordinary Interpretation
A Softer Formalism
By Peter L. Strauss

Optimal Specificity in the Law of Separation of Powers: The Numerous Clauses Principle
By Gary Lawson


Volume 124 · May 2011 · Number 7

Responding to Trevor W. Morrison, Constitutional Alarmism
Lost Inside the Beltway
By Bruce Ackerman

Libya, “Hostilities,” the Office of Legal Counsel, and the Process of Executive Branch Legal Interpretation
By Trevor W. Morrison


Volume 124 · January 2011 · Number 3

Responding to Daryl J. Levinson, Parchment and Politics: The Positive Puzzle of Constitutional Commitment
The Political Animal and the Ethics of Constitutional Commitment
By Josh Chafetz


Volume 124 · November 2010 · Number 1

Responding to Samuel Issacharoff, On Political Corruption
Corruption, Clients, and Political Machines
By Stephen E. Sachs


Volume 123 · June 2010 · Number 8

Responding to Bradford R. Clark, The Eleventh Amendment and the Nature of the Union
The Unsettled Nature of the Union
By Carlos M. Vázquez


Volume 123 · March 2010 · Number 5

Responding to Jed Handelsman Shugerman, Economic Crisis and the Rise of Judicial Elections and Judicial Review
In Search of "Laissez-Faire Constitutionalism"
By Matthew J. Lindsay

Responding to Seana Valentine Shiffrin, Inducing Moral Deliberation: On the Occasional Virtues of Fog
Calculating the Standard Error: Just How Much Should Empirical Studies Curb Our Enthusiasm For Legal Standards?
By Brian Sheppard


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

"Acting Like a Union": Protecting Workers’ Free Choice by Promising Workers’ Collective Action
By Brishen Rogers


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 122 · November 2008 · Number 1

Responding to Reva B. Siegel, Dead or Alive: Originalism as Popular Constitutionalism in Heller
Popular Constitutionalism and the State Attorneys General
By Joseph Blocher


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
Response
By Richard M. Cooper

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
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



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.

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

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