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. 3, Summer

An Empirical Test of Justice Scalia's Commitment to the Rule of Law
On January 13, 2001, barely one month after the Supreme Court's decision in Bush v. Gore, (1) a group of 554 legal academics calling themselves "Law Professors for the Rule of Law" took out a full-page ad in the New York Times that essentially accused...
Defining Extortion: RICO, Hobbs, and Statutory Interpretation in Scheidler V. National Organization for Women, Inc., 123 S. Ct. 1057 (2003)
I. FACTS & PROCEDURAL HISTORY 955 A. NOW v. Scheidler: Round One 956 B. NOW v. Scheidler: Round Two 957 II. THE SUPREME COURT DECISION 958 III. COMMENT ...
Federalism in Antitrust
I. INTRODUCTION 878 II. THE PROBLEMS WITH FEDERALISM IN ANTITRUST ENFORCEMENT 884 A. The Legal Process as a Political Tool ...
Marijuana or Football (or the Future Farmers of America): Board of Education V. Earls
Illegal drug use by a large portion of students is an unfortunate feature of most American high schools. (1) Parents and school boards across the nation are debating the merits of fighting and reducing3drug use through drug testing. (2) In Board of...
Private Property Rights, Economic Freedom, and Professor Coase: A Critique of Friedman, McCloskey, Medema, and Zorn
I. INTRODUCTION 923 II. COASEANISM 924 III. LIBERTARIANISM 927 IV. FRIEDMAN 927 V. MCCLOSKEY...
The Retroactive and Prospective Application of Judicial Decisions
I. INTRODUCTION 812 II. A SUMMARY OF SUPREME COURT RETROACTIVITY/PROSPECTIVITY DOCTRINE 816 A. Linkletter v. Walker and its Progeny 817 B. Chevron Oil Co....
The Unitary Executive during the Second Half-Century
I. INTRODUCTION 668 II. THE UNITARY EXECUTIVE DURING THE JACKSONIAN PERIOD, 1837-1861 669 A. Martin Van Buren 670 B. William H....