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. 2, Spring

If You (Re)build It, They Will Come: Contracts to Remake the Rules of Litigation in Arbitration's Image
INTRODUCTION I. THE ARBITRATION PROBLEM A. Arbitration Is Not (Necessarily) Faster than Litigation B. Arbitration Is Not Cheaper than Litigation C. Arbitration Is More Confidential than Litigation D. Arbitration...
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Legal Injection: The Supreme Court Enters the Lethal Injection Debate: Hill V. McDonough
The end of the 2005-2006 Supreme Court term brought a flurry of death penalty opinions. (1) The media lavished attention on the fiery concurring and dissenting opinions of Justices Scalia and Souter in Kansas v. Marsh; in addition to upholding Kansas'...
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Majoritarian Democracy in a Federalist System: The Late Chief Justice Rehnquist and the First Amendment
INTRODUCTION To some, linking the late Chief Justice William H. Rehnquist and the First Amendment smacks of paradox. (1) Known throughout the entirety of his thirty-three years on the Supreme Court for his judicial conservatism, (2) Chief Justice...
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Retroactive Rulemaking
INTRODUCTION Can a federal agency create a new rule and use it to penalize past actions? Can the Department of Health and Human Services change Medicare reimbursement rules and use the new rules to force a hospital to refund amounts it was paid...
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The Court's Missed Opportunity to Draw the Line on Partisan Gerrymandering: Lulac V. Perry
Over the past decade, the growing polarization of the American electorate has led state political parties to redouble efforts to implement politically advantageous electoral maps. (1) Majority parties regularly adopt irregularly shaped districts in...
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The Right to Be Present before Military Commissions and Federal Courts: Protecting National Security in an Age of Classified Information
A defendant's right to be present during trial is a touchstone of the American criminal justice system, and the precise scope of this right has substantial implications for the prosecutions of crimes involving terrorism. This Article explores the contours...
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Would Banning Firearms Reduce Murder and Suicide? A Review of International and Some Domestic Evidence
INTRODUCTION I. VIOLENCE: THE DECISIVENESS OF SOCIAL FACTORS II. ASKING THE WRONG QUESTION III. DO ORDINARY PEOPLE MURDER? IV. MORE GUNS, LESS CRIME? V. GEOGRAPHIC, HISTORICAL AND DEMOGRAPHIC PATTERNS A. Demographic Patterns ...
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