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. 35, No. 2, Spring

A Farewell to Harms: Against Presuming Irreparable Injury in Constitutional Litigation
I. THE DEVELOPMENT OF THE IRREPARABILITY ELEMENT A. Pre-Revolutionary English Practice B. Post-Separation Federal Practice C. Twentieth-Century Federal Practice D. Injunctive Relief for Constitutional Claims II. THE...
Against Liability for Private Risk-Exposure
"Proof of negligence in the air, so to speak, will not do." Palsgraf v. Long Island Railroad Co. (1) INTRODUCTION I. "THE GREAT TOYOTA PANIC OF 2010". II. DECADES OF DIVIDE OVER NO INJURY SUITS A. Starting with Standing B. Damages...
Concluding Thoughts from Ada, Ohio
A recent issue of the Journal of Legal Education contains an impressive empirical study that most law professors can confirm without the use of the complicated "network analysis" employed by the study's authors: Both law faculty hiring and how quickly...
Contesting the Judicial Power in the States
Scott Gerber's A Distinct Judicial Power brilliantly traces the development of the Article III model of an independent judiciary from its colonial origins to the Philadelphia Convention. (1) Although Article III defines the federal courts, few states...
Fiscal Policy in an Era of Austerity
I. THE NEED FOR A POLICY AGENDA TO PROMOTE ECONOMIC GROWTH A. Deleveraging Hangover for Consumers B. Ballooning Government Deficits C. Intense International Competition D. Promoting Economic Growth II. UNCERTAINTIES AND CHALLENGES...
Its Hour Come Round at Last? State Sovereign Immunity and the Great State Debt Crisis of the Early Twenty-First Century
This is a story of austerity's influence on constitutional doctrine. Outside the narrow community of federal jurisdiction aficionados, people seem to pay attention to state sovereign immunity about every hundred years. In 1793, the Supreme Court decided...
Judicial Compulsion and the Public Fisc - a Historical Overview
INTRODUCTION On September 13, 2011, the Providence Rhode Island Superior Court denied the State's motion for summary judgment on a claim, brought by a number of public employee unions, asserting that the statutory pension system "establishes a contractual...
Judicial Selection Reconsidered: A Plea for Radical Moderation
I. RETHINKING JUDICIAL INDEPENDENCE FOR COURTS INFLUENCED BY LAW AND POLITICS II. THE IMPLICATIONS OF RETHINKING JUDICIAL INDEPENDENCE FOR JUDICIAL SELECTION III. ISOLATING CORE INDEPENDENCE PROBLEMS AND MARGINALIZING DISTRACTIONS ...
Papers, Please: Does the Constitution Permit the States a Role in Immigration Enforcement?
Arizona kicked up quite a dust storm in 2010 when it enacted Senate Bill 1070 (S.B. 1070). (1) Proponents hoped the law would help Arizona control the burgeoning illegal immigration into the state and its attendant costs--costs that affect the financial...
Preface
The discussions surrounding the 2012 presidential election have reinforced the view that America's fiscal crisis will continue to dominate political discourse for the next several years. Slow economic growth, high unemployment, and general fiscal instability...
Reducing the Drug War's Damage to Government Budgets
Soaring Medicaid costs, reduced tax revenues because of economic stagnation and the collapse of a housing bubble, and enormous expenditures on pensions for retired government employees have imposed severe stress on the budgets of almost every state...
Stare Decisis in an Originalist Congress
The 2012 election has highlighted contrasting theories of American constitutionalism. Several of the Republican presidential candidates made issues of constitutional interpretation central to their campaigns, from the appropriate respect the Tenth...
The Regulatory Authority of the Treasury Department to Index Capital Gains for Inflation: A Sequel
INTRODUCTION I. SUMMARY OF 1992 ANALYSIS A. The Chevron Analytical Framework B. The Chevron "Step One" Analysis 1. The Statutory Text and the Meaning of "Cost" 2. The Legislative History 3. Relevant Caselaw C....

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.