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. 26, No. 2, Spring

A Matter of Constitutional Luck: The General Applicability Requirement in Free Exercise Jurisprudence
I. AN INTRODUCTION TO GENERAL APPLICABILITY II. THE GENERAL APPLICABILITY REQUIREMENT IN THEORY AND PRACTICE A. The Theoretical Underpinnings of General Applicability B. The Application of the General Applicability Requirement III....
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An Overview and Evaluation of State Blaine Amendments: Origins, Scope, and First Amendment Concerns
"[I]t is one of the firmest convictions of our time that difference of creed should no longer be allowed to determine a difference of civic rights." --Jacob Burckhart (1) "Governments have not always been tolerant of religious activity, and hostility...
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Market Rights and the Rule of Law: A Case for Procedural Constitutionalism
I. INTRODUCTION I. SOME CONCEPTUAL ISSUES III. CONTESTABLE RIGHTS AND THE RULE OF LAW IV. INTEGRITY AND RULE FOLLOWING V. AM I PROVING TOO MUCH? VI. DEPENDENCE, CHARITY, AND WELFARE VII. NONINTERFERENCE, MARKET RIGHTS, AND THE RULE OF LAW VIII....
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Science and Religion Twenty Years after McLean V. Arkansas: Evolution, Public Education, and the New Challenge of Intelligent Design
I. INTRODUCTION II. IMPORTANT TERMS A. Creationism B. Evolution C. Intelligent Design 1. Scholarly Support for Intelligent Design 2. Intelligent Design's Conflict with Methodological Naturalism 3. Intelligent Design and Specified...
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Stopping Time: The Pro-Slavery and "Irrevocable" Thirteenth Amendment
I. EXTRALEGAL AUTHORITY AND THE CREATION OF ARTICLE V II. HISTORICAL CONTEXT OF THE CORWIN AMENDMENT III. LEGISLATIVE HISTORY OF THE CORWIN AMENDMENT A. Debate in the House of Representatives B. Debate in the Senate 1. Political...
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