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. 30, No. 3, Summer

An Empirical Analysis of Life Tenure: A Response to Professors Calabresi & Lindgren
INTRODUCTION I. PINNING DOWN THE EMPIRICAL CLAIM II. LIFE TENURE BY THE NUMBERS A. The Period-Selection Problem B. The Date-of-Observation Problem C. Regression Models for Length of Tenure 1. Calabresi and Lindgren's Reported ...
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Antitrust and Positional Arms Races
The idea of "winner take all" markets, or harmful "positional races" as the phenomenon is sometimes called, (1) directly clashes with the philosophy of antitrust regulation. (2) Antitrust law advocates competition as the means of achieving its ultimate...
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A Principled Limitation on Judicial Interference: Garcetti V. Ceballos
Restrictions on the free speech rights of public employees were not thought to present constitutional concerns for much of American history. This traditional view was summarized by Justice Holmes, then on the Massachusetts Supreme Court: "The petitioner...
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A Sentence Reinstated, a Text Set Aside: Shirking the Lockett Dilemma in Ayers V. Belmontes
Following the Supreme Court's pronouncements in Lockett v. Ohio (1) and Eddings v. Oklahoma, (2) courts have construed the Eighth Amendment to require broad and virtually limitless consideration of mitigating evidence during capital punishment sentencing...
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Can States Tax National Banks to Educate Consumers about Predatory Lending Practices?
INTRODUCTION I. NATIONALIZATION OF BANKING MARKETS AND FEDERAL PREEMPTION OF STATE LAWS A. State Usury Statutes B. Preemption Rulings of the Comptroller of the Currency C. The Dilemma for States and the Appeal of...
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Charter Schools and Collective Bargaining: Compatible Marriage or Illegitimate Relationship?
I. INTRODUCTION II. WHY CHARTER SCHOOLS III. EMPLOYMENT RELATIONS AND CHARTER SCHOOLS A. Charter Schools as High Performance Workplaces B. Traditional Public Schools and the Industrial Labor Relations Model C. The...
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Convoluting the Confrontation Right: Davis V. Washington
Sixth Amendment Confrontation Clause jurisprudence has undergone dramatic retooling in recent years, with the Supreme Court jettisoning the reliability-focused test of Ohio v. Roberts (1) as "permanently[] unpredictable" and lacking historical justification....
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Or for Poorer? How Same-Sex Marriage Threatens Religious Liberty
I. INTRODUCTION II. THE EVOLUTION OF SAME-SEX MARRIAGE IN LAW A. The Decades-Long Effort to Strike Down Traditional Marriage Laws Has Been a Consistently Losing One, Until Recently B. By Firmly Establishing Same-Sex...
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Subordination of Powers: Hamdan V. Rumsfeld
The scope of presidential authority has always concerned democrats, especially during wartime. Since the advent of the "War on Terror," many Bush administration policies have sparked fierce debate and, of course, litigation. In Hamdi v. Rumsfeld, (1)...
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The Newer Textualism: Justice Alito's Statutory Interpretation
I. INTRODUCTION Despite his fifteen-year tenure as a judge on the U.S. Court of Appeals for the Third Circuit, Justice Samuel Alito remained something of a mystery when he was nominated to the Supreme Court in 2005. His lower court opinions were...
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The Other Way to Amend the Constitution: The Article V. Constitutional Convention Amendment Process
I. INTRODUCTION The Constitution specifies two different ways for amendments to the Constitution to be proposed. The first method allows Congress to propose amendments when such amendments are approved by at least a two-thirds vote in both houses....
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