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. 25, No. 1, Fall

Close but No Cigar: A Reply to Professor Graglia
Doubtless readers of the recent roundtable discussion on The Revitalization of Democracy from the Nineteenth Annual National Student Federalist Society Symposium appearing in these pages (1) found much to admire, as I did, in the contribution of Professor...
Congress Goes to Court: The Past, Present, and Future of Legislator Standing
The phenomenon of litigation directly between Congress and the President concerning their respective constitutional powers and prerogatives is a recent one. It was unknown through more than a century and three quarters of our jurisprudence.... --...
Does Technology Require New Law?
Technological change affects the law in at least three ways: (1) by altering the cost of violating and enforcing existing legal rules; (2) by altering the underlying facts that justify legal rules; and (3) by changing the underlying facts implicitly...
Freedom of Speech and True Threats
I. INTRODUCTION Consider the following scenarios: You are a physician at a local Planned Parenthood clinic. As part of your job you perform abortions. There have been protests outside the clinic and you have heard about the murders of several...
Juris Doctores or Doctores Divinitatis: Good News Club V. Milford Central School
Ever since it proclaimed that there is a difference between content-based and viewpoint-based discrimination, (1) the Supreme Court has struggled to explain what that difference actually is. The Court has ruled repeatedly that the Free Speech Clause...
Stalking the Mark of Cain
The Old Testament records that Cain, the first-born son of Adam and Eve, murdered his younger brother Abel in cold blood. (1) As a consequence of this sin, God cursed Cain to live as a "fugitive and a vagabond" forever after. (2) Cain responded to...
Technology as Security
I. INTRODUCTION It has become fashionable to fret about whether developments in technology have outpaced the law. To continue the metaphor, athletic Internet entrepreneurs are racing against stately, but plodding, courts and legislatures. The University...
The Costs of Privacy
Privacy is both an individual and a social good. Still, the no-free-lunch principle holds true. Legislating privacy comes at a cost: more notices and forms, higher prices, fewer free services, less convenience, and, often, less security. More broadly,...
The Genome and the Law: Should Increased Genetic Knowledge Change the Law?
Nature, to be commanded, must be obeyed. -- Francis Bacon (1) The title of this symposium asks: "Does scientific knowledge change the law?" On one level, the answer is obvious: of course, science and technology are always changing the law. (2)...
The State and the Networked Economy
I. INTRODUCTION This Essay will examine how the networked economy may affect the cause of liberty. The traditional view, very evident in the novels 1984 (1) and Brave New World, (2) has been pessimistic about information technology's probable effect...
The Symbiosis of Constitutionalism and Technology
Technology does not change the essential problems that constitutionalism (1) seeks to address because these problems are rooted in the enduring nature of man. Technological change, however, can transform man's environment. A different environment,...
They're Making a Federal Case out of It ... in State Court
ABSTRACT Because of an anomaly in the federal diversity jurisdiction statute (28 U.S.C. [section] 1332), relatively few interstate class actions can be heard by federal courts. For that reason, county or district state courts that are accountable...