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. 25, No. 3, Summer

A Lockean Analysis of Section One of the Fourteenth Amendment
Despite--or perhaps because of--the great attention that scholars have devoted to it, the original meaning of Section One of the Fourteenth Amendment still remains a subject of intense debate. (1) While the Supreme Court has focused most closely...
Anastasoff, Unpublished Opinions, and Federal Appellate Justice
In Anastasoff v. United States, (1) a three-judge panel of the United States Court of Appeals for the Eighth Circuit recently invalidated the court's local rule of appellate procedure providing that "unpublished opinions are not precedent and parties...
Beware the Trumpets of War
True conservatives should be wary of passion. Edmund Burke, after all, penned his classic conservative manifesto (1) amid the social and political wreckage of the French Revolution. He saw public passion unleashed as never before, and he deplored...
Business, the States, and Federalism's Political Economy
I. INTRODUCTION The origin of this Conference and Article is a highly publicized conflict between business and, on the other side, state officials and conservative Congressmen and Senators over a legislative effort to limit federal preemptions...
Locating the Boundaries: The Scope of Congress's Power to Regulate Commerce
The Congress shall have Power ... To regulate Commerce ... among the several States. --U.S. Constitution, Art. I, [section] 8, cl. 3 I. INTRODUCTION In the wake of the American Revolution, neither the Continental Congress nor the States...
Re-Entering the Arena: Restoring a Judicial Role for Enforcing Limits on Federal Mandates
I. INTRODUCTION Originalists sometimes find it difficult to square the Framers' Constitution with the minute details of statutes dealing with an administrative state that bears little or no relationship to the kind of government the Framers established....
Reflections on the Twenty-Fifth Anniversary of the Harvard Journal of Law & Public Policy
Twenty-five years ago, when I was an enthusiastic assistant professor of law only recently arrived at Harvard, Steven Eberhard and Spencer Abraham were enterprising law students in search of a faculty member to provide cover for their idea of founding...
The End of Compelled Contributions for Subsidized Advertising?
THE END OF COMPELLED CONTRIBUTIONS FOR SUBSIDIZED ADVERTISING?: United States v. United Foods, 533 U.S. 405 (2001). I. INTRODUCTION Until the Supreme Court's opinion in Virginia Board of Pharmacy v. Virginia Citizens Consumer Council, Inc.,...
The First Amendment and Problems of Political Viability: The Case of Internet Pornography
I. INTRODUCTION Political hot-button issues historically have clashed with the First Amendment as political expediency has bumped up against free expression. In the 1940s and 50s, for example, the House Un-American Activities Committee and Senator...
The Keys to the Castle: A New Standard for Warrantless Home Searches in United States V. Knights
THE KEYS TO THE CASTLE: A NEW STANDARD FOR WARRANTLESS HOME SEARCHES IN United States v. Knights, 122 S.Ct. 587 (2001). The technicalities of the Fourth Amendment have permeated popular culture to such an extent that many Americans are conversant...
The Problem of Tort Reform: Federalism and the Regulation of Lawyers
Over the past decade, the term "tort reform" has become a popular phrase among corporations, politicians, and lawyers alike. Corporations have seen tort reform as a means of controlling the massive liabilities to which they have been exposed during...
Toward a National Putative Father Registry Database
In the United States, every third child is born to an unwed mother. (1) These children are relinquished for adoption at a greater rate than those born to married mothers. (2) Adoption of a child born to an unwed mother creates a quandary of how...