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. 28, No. 2, Spring

A Gleeful Obituary for Poletown Neighborhood Council V. Detroit
The Michigan Supreme Court's decision in Wayne County v. Hathcock, (1) overruling the infamous decision in Poletown Neighborhood Council v. Detroit, (2) represents a major victory for property owners not only in that state, but, indirectly, throughout...
Property and Environment: Thoughts on an Evolving Relationship
Private property is a necessary but insufficient tool for environmental regulation. Why is it necessary? There are several reasons. First, it settles who controls a resource, making rational management possible. While this may sound trivial, countries...
Rewriting the Terms: The Contract Clause and Special-Interest Legislation in RUI One Corp. V. City of Berkeley
The City Council of Berkeley, California is well known for its energetic adherence to the left wing of American policy and politics. A ready example is its March 2004 determination that Congress should formally censure President Bush and Vice President...
RLUIPA at Four: Evaluating the Success and Constitutionality of RLUIPA'S Prisoner Provisions
I. INTRODUCTION II. RLUIPA'S LEGISLATIVE HISTORY AND THE HISTORICAL BACKGROUND OF PROTECTION OF RELIGIOUS EXERCISE OF PRISONERS III. HOW THE ACT OPERATES A. A Brief Overview of the Act B. The Elements of a Prisoner's Claim for Relief Under ...
The Patriot Act and the Wall between Foreign Intelligence and Law Enforcement
I. LEGENDS OF THE WALL A. Pre-FISA B. FISA 1. Applications for FISA Surveillance Orders 2. Judicial Approval of FISA Surveillance Orders 3. The Govemment's Intended and Actual Use of FISA-Acquired Information a. FISA...
The Quasi War Cases - and Their Relevance to Whether "Letters of Marque and Reprisal" Constrain Presidential War Powers
I. INTRODUCTION Constitutional scholars cite three Supreme Court decisions arising from the undeclared Quasi War with France in 1798-1800 as support for the proposition that Congress may authorize war of any magnitude, and that, except in case of...
"Thou Shalt Not Bear False Witness": "Sham" Secular Purposes in Ten Commandments Displays
I. REMEMBER THY HISTORY, HOLY OR NOT II. HONOR SUPREME COURT PRECEDENT, THAT THY DISPLAY'S DAYS MAY BE LONG UPON GOVERNMENT PROPERTY III. THOU SHALT NOT PROFFER SHAM PURPOSES A. From Whence Cometh Secular Purpose? B. Whither Goeth...