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. 3, Summer

Fourteenth Amendment Unenumerated Rights Jurisprudence: An Essay in Response to Stenberg V. Carhart
In one of his last opinions before retiring, Chief Justice Warren Burger acknowledged that the soundness of Roe v. Wade(1) "must be tested by the decisions that purport to follow [it]."(2) Declaring that the Court "should reexamine Roe,"(3) Burger...
"Multiply and Replenish": Considering Same-Sex Marriage in Light of State Interests in Marital Procreation
[I]t seems to me at this time we need education in the obvious more than investigation of the obscure. --Oliver Wendell Holmes, Jr.(1) I. INTRODUCTION The definition, exclusive status, and legal benefits of marriage may become one of this...
Not Because They Are Brown, but Because of Ea
I. INTRODUCTION During its 1999 Term the Supreme Court heard a case directly involving the status of Native Hawaiians for the first time in its history.(2) At issue was participation in the election of the board of trustees of the Office of Hawaiian...
Yes, Virginia (Tech), Our Government Is One of Limited Powers
I. INTRODUCTION The Framers of the Constitution designed the national government to be one of limited powers. Distrustful of the accumulation of power in any single body, the Framers provided for the division of powers both within the national,...