Lloyd L. Weinreb

Dane Professor of Law, Emeritus

Langdell Library 305

617-495-3191

Assistant: Isaac Moore / 617-496-1760

Biography

Lloyd L. Weinreb is the Dane Professor of Law at Harvard Law School, where he has taught since 1965. He received a B.A. degree from Dartmouth College in 1957. He received a B.A. degree in philosophy-politics-and-economics from the University of Oxford in 1959 (M.A. 1963), and an LL.B. degree from Harvard Law School in 1962. Thereafter, he served as law clerk to Chief Judge J. Edward Lumbard on the United States Court f Appeal for the Second Circuit and to Justice John Marshall Harlan on the Supreme Court of the United States. In 1964-65, he was an attorney in the Criminal Division of the Department of Justice and served on the staff of the Warren Commission. He has taught courses in Criminal Law, Criminal Procedure, Intellectual Property, Political and Legal Philosophy, and Jurisprudence. He is the author of Natural Law and Justice (1987), Oedipus at Fenway Park: What Rights Are and Why There Are Any (1994), and Legal Reason: The Use of Analogy in Legal Argument, as well as several casebooks. He is Chairman of the Board of Drectors of the Harvard University Press, a trustee of the Loeb Classical Library, and President of the Abbey Theatre Foundation of America.

Areas of Interest

Lloyd L. Weinreb, Legal Reason: The Use of Analogy in Legal Argument (2nd ed. 2016). (Portuguese translation of first edition: A Razao Juridicia (2008)).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Legal Theory & Philosophy
Type: Book
Lloyd L. Weinreb, Leading Constitutional Cases on Criminal Justice (Foundation Press 2016).
Categories:
Criminal Law & Procedure
,
Constitutional Law
Type: Book
Lloyd L. Weinreb, The Exclusionary Rule Redux--Again, 37 Fordham Urb. L.J. 837 (2010).
Categories:
Constitutional Law
,
Criminal Law & Procedure
Sub-Categories:
Fourth Amendment
,
Criminal Evidence
,
Criminal Defense
Type: Article
Abstract
The exclusionary rule itself is not very complicated: if the police obtain evidence by means that violate a person’s rights under the Fourth Amendment, the evidence is not admissible against that person in a criminal trial. The basic provision, however, has been freighted with innumerable epicycles, and epicycles on epicycles ever since it was made part of Fourth Amendment jurisprudence. The exclusionary rule survives in a kind of doctrinal purgatory, neither accepted fully into the constitutional canon nor cast into the outer darkness. It survives, but its reach is uncertain, its rational questioned, and its value doubted. Hudson v. Michigan and Herring v. United States again pose the question what the rule’s future is, or rather, whether it has a future.
Lloyd L. Weinreb, Legal Reason Redux, 57 J. Legal Educ. 600 (2007).
Categories:
Legal Profession
,
Disciplinary Perspectives & Law
,
Government & Politics
Sub-Categories:
Legal Theory & Philosophy
,
Judges & Jurisprudence
,
Courts
,
Legal & Political Theory
,
Legal Education
Type: Article
Lloyd L. Weinreb, Law's Quest for Objectivity, 55 Cath. U. L. Rev. 711 (2006).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Legal Theory & Philosophy
Type: Article
Lloyd L. Weinreb, A Secular Theory of Natural Law, 72 Fordham L. Rev. 2287 (2004).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Legal Theory & Philosophy
Type: Article
Lloyd L. Weinreb, The Right to Privacy, Soc. Phil. & Pol'y, July 25, 2000, at 25.
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Legal Theory & Philosophy
Type: Article
Abstract
The question that I address in this paper is whether there is a right to privacy. It is not the question whether in the United States there is a legal right to privacy or, more particularly, a constitutional right to privacy. There are any number of ordinary legal rights and specific constitutional rights that might be so described, and the U.S. Supreme Court has referred also to a generic “right to privacy” that is implicit in the U.S. Constitution. Nor is the question that I address whether persons have a moral claim to privacy that others ought to respect. I assume that in many circumstances, respecting a person's claim to privacy is productive of the good and, if so, that the claim ought to be respected. Rather, my question is whether persons have a right to privacy not dependent on positive law, such that it ought ordinarily to be respected without regard to the consequences, good or bad, simply because it is right.
Lloyd L. Weinreb, Your Place or Mine? Privacy of Presence under the Fourth Amendment, 1999 Sup. Ct. Rev. 253 (2000).
Categories:
Criminal Law & Procedure
,
Constitutional Law
Sub-Categories:
Fourth Amendment
,
Criminal Defense
,
Criminal Prosecution
,
Criminal Evidence
Type: Article
Lloyd L. Weinreb, Fair Use, 67 Fordham U. L. Rev. 1291 (1999).
Categories:
Technology & Law
,
Property Law
Sub-Categories:
Intellectual Property - Copyright
,
Intellectual Property Law
Type: Article
Lloyd L. Weinreb, Fair Use and How It Got That Way, The 1998 Donald C. Brace Memorial Lecture Delivered at Fordham University School of Law on November 12, 1998, 45 J. Copyright Soc'y Am. 634 (1998).
Categories:
Technology & Law
,
Property Law
Sub-Categories:
Intellectual Property - Copyright
,
Intellectual Property Law
Type: Article
Lloyd L. Weinreb, Copyright for Functional Expression, 111 Harv. L. Rev. 1149 (1998).
Categories:
Technology & Law
,
Property Law
Sub-Categories:
Intellectual Property - Copyright
,
Intellectual Property Law
Type: Article
Lloyd L. Weinreb, The Moral Point of View, in Natural Law, Liberalism, and Morality: Contemporary Essays (Robert P. George ed., 1996).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Legal Theory & Philosophy
Type: Book
Lloyd L. Weinreb, Oedipus at Fenway Park: What Rights Are and Why There Are Any (Harv. Univ. Press 1994).
Categories:
International, Foreign & Comparative Law
,
Discrimination & Civil Rights
,
Disciplinary Perspectives & Law
Sub-Categories:
Civil Rights
,
Law & Social Change
,
Legal Theory & Philosophy
,
Human Rights Law
Type: Book
Lloyd L. Weinreb, Custom, Law and Public Policy: The INS Case as an Example for Intellectual Property, 78 Va. L. Rev. 141 (1992).
Categories:
Technology & Law
,
Property Law
Sub-Categories:
Intellectual Property - Copyright
,
Intellectual Property Law
Type: Article
Llloyd L. Weinreb, What Are Civil Rights?, Soc. Phil. & Pol'y, Apr. 1991, at 1.
Categories:
Disciplinary Perspectives & Law
,
Discrimination & Civil Rights
Sub-Categories:
Civil Rights
,
Law & Social Change
,
Legal Theory & Philosophy
Type: Article
Abstract
For all the discussion and debate about civil rights, it is striking how little attention is given initially to the question of what civil rights are. There is no well-understood principle of inclusion or exclusion that defines the category. Nor is there an agreed list of civil rights, except perhaps a very short, avowedly nonexhaustive one, with rather imprecise entries. Yet, if the extension of the category of civil rights is uncertain, its significance is not. All agree that it is a principal task of government to protect civil rights, so much so, indeed, that a failure to protect them usually is regarded as outweighing substantial achievements of other kinds. But a right does not count as a civil right just because it is valuable or valued. Some of the rights most often asserted as civil rights reflect practical interests of their possessors considerably less than other actual or potential rights not so identified. In the United States, familiar legal doctrine provides a shortcut to the specification of civil rights. They are whatever is embraced by the provisions of the federal Civil Rights Acts: the right to vote, fair housing, equal employment opportunity, and so forth. That path, however, is not adequate for the present purpose. For the most part, the statutes refer explicitly or implicitly to federal constitutional rights, and the collective reference to them as civil rights is unexplained. The bases of the constitutional rights are too various to be a reliable guide to an independently designated category of civil rights.
Lloyd L. Weinreb, Fair's Fair: A Comment on the Fair Use Doctrine, 103 Harv. L. Rev. 1137 (1990).
Categories:
Technology & Law
,
Property Law
Sub-Categories:
Intellectual Property - Copyright
,
Intellectual Property Law
Type: Article
Lloyd L. Weinreb, Natural Law and Justice (Harv. Univ. Press 1987).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Legal Theory & Philosophy
Type: Book
Lloyd L. Weinreb, Denial of Justice: Criminal Process in the United States (Free Press 1977). (Russian translation: Otkaz v pravosudii : ugolovnyj process v SŠA)
Categories:
Constitutional Law
,
Criminal Law & Procedure
Type: Book
Lloyd L. Weinreb, Criminal Process: Cases, Comment, Questions (Foundation Press 7th ed. 2004).
Categories:
Criminal Law & Procedure
,
Legal Profession
Sub-Categories:
Legal Education
Type: Book

Langdell Library 305

617-495-3191

Assistant: Isaac Moore / 617-496-1760