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. 27, No. 2, Spring

Abusive Trademark Litigation and the Incredible Shrinking Confusion Doctrine - Trademark Abuse in the Context of Entertainment Media and Cyberspace
I. THEORETICAL UNDERPINNINGS OF IP PROTECTION 615 A. Underlying Theories of IP Protection 615 1. Labor/Investment Rationales 615 2. Economic Incentive/Efficiency ...
Clarifying the State Action and Noerr Exemptions
I. INTRODUCTION II. THE FTC AND STATE ACTION A. Current Issues with the Doctrine B. Proposed Clarifications C. Recent Commission Activity Involving State Action 1. Health Care 2. The Internet III. THE FTC AND NOERR-PENNINGTON ...
Introducing the "Heartland Departure"
I. FEDERAL SENTENCING PRIOR TO THE FEDERAL SENTENCING GUIDELINES II. THE CREATION AND IMPLEMENTATION OF THE FEDERAL SENTENCING GUIDELINES A. A Brief Overview of the Federal Sentencing Guidelines B. The Guidelines" "Heartland"--Simply...
Law's Culture: Conservatism and the American Constitutional Order
I. THE CONSERVATIVE PERSUATION II. CONSERVATISM AND THE AMERICAN FOUNDING III. LAW'S CULTURE IV. JUDICIAL INTERPRETATION AND THE LIMITS OF LAW V. INTEGRATING THE TRANSCENDENT WITH THE CONCRETE VI. CONCLUSION: POLITICS, CULTURE, ...
Liberal Originalism: A Past for the Future
First comes the Declaration of Independence, the illuminated initial letter of our history.... Here is the national heart, the national soul, the national will, the national voice, which must inspire our interpretation of the Constitution, and enter...
Rethinking Judicial Activism and Restraint in State School Finance Litigation
I. THE IMPORTANCE OF EDUCATION 570 II. WHY LITIGATION? A LOOK AT THE POLITICS OF SCHOOL FINANCE 573 III. SCHOOL FINANCE LITIGATION: A BRIEF OVERVIEW 576 A. ...
The Federal Marriage Amendment and Rule by Judges
Marriage: the state or condition of a community consisting of a master, a mistress, and two slaves, making in all, two. --Ambrose Bierce (1) Marriage is a great institution, but I'm not ready for an institution. --Mae West (2) I do believe...
The Use of International Law in Judicial Decisions
I am delighted to be here today, and I thank the Federalist Society for inviting us to discuss such a timely and engaging topic. I am also honored to be here with Judge Wald, who has rendered such distinguished and collegial service to the federal...
The Use of International Law in the American Adjudicative Process
Thanks very much for the introduction. I'm delighted to be here. Actually, it's my third appearance at a Federalist Society program. I've always found them very interesting, and I suspect this one will be both interesting and provocative. Now the...