Preface

By Oberman, Irina | Harvard Journal of Law & Public Policy, Summer 2013 | Go to article overview

Preface


Oberman, Irina, Harvard Journal of Law & Public Policy


Last fall's decision on the national health care mandate has revived the debate on what limits--if any--the Constitution should place on federal power. Other cases before the Supreme Court in its last term have forced the Court to make controversial decisions on issues including separation of powers and religious liberties The 2012 Federalist Society National Lawyers Convention: "The Future of U.S. Constitutional Law in the Supreme Court" asked scholars to grapple with some of these issues. As always, we are pleased to bring you several Essays adapted from the Convention.

As part of a panel titled Federalism and Federal Power, Professors Randy E. Barnett, Judge Frank H. Easterbrook, Heather K. Gerken, Neal K. Katyal, and Robert G. Natelson discussed the Supreme Court's federalism jurisprudence following its decision on the Affordable Care Act. Their adapted remarks on the future of federalism--and its possible discontents--are presented in this issue of the Journal.

The Convention's Annual Rosenkranz Debate addressed one of the most storied debates in constitutional legal thought: whether natural law should inform constitutional law. Leading natural law theorist Hadley Arkes and Chief Judge for the Ninth Circuit U.S. Court of Appeals Alex Kozinski debated whether the state of nature purportedly endowing us with natural rights ever existed, how our concept of natural rights has historically influenced constitutional jurisprudence, and the proper course of action if and when the ideas underlying natural rights clash with the substantive provisions of the Constitution. Both of them graciously agreed to adapt their remarks for the Journal.

We also bring you Articles on four timely and intriguing legal issues. First, Professor Steven G. Calabresi and Ms. Larissa C. Leibowitz give an overview of the history of monopolies in England, discuss the effort by some of the Framers to include an antimonopoly clause in the Constitution, and explore how antimonopoly ideas were reflected in the Supreme Court's early Contract Clause jurisprudence as well as in state constitutions. Next, Ms. Kathleen Hunker explores and compares the history and current state of campaign finance reform in the United States and United Kingdom. In a very topical and timely Article, recent Harvard Law graduates William C. Marra and Sonia K. McNeil discuss the current state of the debate regarding autonomous drones and how policymakers can better understand how to regulate the next generation of fully autonomous drones, in which humans are completely out of "the loop." Finally, Professor Hal S. Scott and Ms. Leslie N. Silverman propose a novel alternative to stockholder class actions disputes and flesh out the details for their inventive scheme of stockholder adoption of mandatory individual arbitration in stockholder disputes.

In my last moments as the Journal's Editor-in-Chief, I can say without a doubt that my work for the Journal has been the most rewarding part of my law school experience. …

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Preface
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.