Harvard Journal of Law & Public Policy

Tri-annual journal featuring scholarly review of law and issues of importance to students, educators, and practioners.

Articles from Vol. 24, No. 2, Spring

Advice to the New President on the FCC and Communications Policy
I. INTRODUCTION The Telecommunications Act of 1996 ("1996 Act")(1) promised the first major revision of communications policy since the passage of the Communications Act of 1934 ("Communications Act").(2) In passing the 1996 Act, Congress intended...
Advice to the Next Conservative President of the United States
I am honored to be invited to submit this Article offering my advice to the next President of the United States and to discuss what I have learned from conservative governance in the White House. I approach this topic both as a former member of the...
Biological Terrorism: Legal Measures for Preventing Catastrophe
Biological terrorism is a truly despicable subject, raising nightmares of primal fear. Disease -- plague, smallpox, and other decimating maladies -- is dire trauma embedded in humanity's collective consciousness. Now, when the threat of thermonuclear...
Civil Rights Law Enforcement: A Time for Healing
I. INTRODUCTION Bill Clinton will not be remembered in history as a President who followed any particular philosophical star. Generally, he is considered a moderate or pragmatist. But in one major area of public policy, Clinton tenaciously and consistently...
Ending Our Anti-Union Federal Employment Policy
The editors invited me to offer advice to the next President. This was difficult, because a draft was due before we knew who the next President would be: In one circumstance I would advise forceful assertion of executive powers. In the other circumstance...
Everything I Need to Know about Presidents I Learned from Dr. Seuss
Oaths are out of fashion these days. This is an era in which it is widely considered unreasonable to expect the President of the United States to obey basic principles of law and justice, much less to honor something as abstract as an oath. Perjury...
Free and Green: A New Approach to Environmental Protection
I. INTRODUCTION There has been substantial environmental progress over the past several decades. Air and water quality, in particular, have improved, while the United States and other nations have reached unprecedented levels of prosperity. The...
Judicial Selection: A Pragmatic Approach
When former President Eisenhower was asked if he made any mistakes during his Presidency, he exclaimed, "Yes, two, and they are both sitting on the Supreme Court." (1) He was referring to Chief Justice Ear] Warren, a Republican, and Justice William...
Reaffirming Marriage: A Presidential Priority
Marriage is always in the news. Lately, however, it seems to be a hotter topic than usual. Debates rage about the "marriage penalty" in the tax code and whether to reform divorce law. Local school boards ponder how to teach students about marriage....
Religion, the Public Square, and the Presidency
I. INTRODUCTION In addressing what advice on issues of religious liberty a practitioner in the religious liberty field might give to the new President, it almost seems rude to dwell on another branch of government. It would seem more appropriate...
White House Action on Civil Justice Reform: A Menu for the New Millennium
Civil justice reform addresses the fundamentals of both the substantive law and procedural rules of the law of civil wrongs. Law students and lawyers call the law of civil wrongs "tort law;" others may know it as "liability law." For the first 200...