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. 34, No. 2, Spring

"Anything but Bush?": The Obama Administration and Guantanamo Bay
During the 2008 presidential campaign, Barack Obama soundly criticized the Bush Administration's execution of the war on terrorism, especially the use of the detention facility at Guantanamo and the manner of interrogations conducted there. (1) The...
Citizens United V. FEC: The Constitutional Right That Big Corporations Should Have but Do Not Want
INTRODUCTION The most controversial Supreme Court decision of the 20092010 Supreme Court Term was, without question, Citizens United v. FEC. (1) The decision has captured the public imagination both for the question it asked and the answer it gave....
Damages under the Privacy Act: Sovereign Immunity and a Call for Legislative Reform
INTRODUCTION I. THE NARROW CONSTRUCTION CANON: HISTORY, CRITIQUE, AND RECENT USE II. STATUTORY CONSTRUCTION AND STARE DECISIS III. THE PRIVACY ACT CONTEXT A. The District Court Decision in Cooper B. The Ninth Circuit Decision in...
Evolving Standards as a Judicial Mandate: Necessary or Superfluous?
I. DEMOCRATIC EVOLUTION OF "STANDARDS OF DECENCY" IN CRIMINAL PUNISHMENT Judicial regulation of criminal punishment is fairly uncontroversial, although few have seriously considered how an alternative system, one in which the state legislatures...
Foreign Nationals, Electoral Spending, and the First Amendment
"[I]t is inherent in the nature of the political process that voters must be free to obtain information from diverse sources in order to determine how to cast their votes." --Justice Anthony Kennedy, Citizens United v. FEC, 130 S. Ct. 876, 899 (2010)....
Heat Expands All Things: The Proliferation of Greenhouse Gas Regulation under the Obama Administration
During his campaign for the White House, Barack Obama called for decisive action to address the threat of global climate change. Specifically, then-Senator Obama called for reducing, by 2050, greenhouse gas (GHG) emissions in the United States by 80%...
Preface
Having passed the mid-term election cycle this season, now is an opportune time to reflect on the first two years of the Obama Administration. On many fronts, our nation is just now beginning to internalize the impacts of significant legal and policy...
Private Regulation
INTRODUCTION I. THE VARIOUS COSTS OF THE HEALTHCARE SYSTEM A. Costs Associated with Underuse B. Costs Associated with Misuse C. Costs Associated with Overuse 1. Defensive Medicine 2. Offensive Medicine 3. Cost-apathetic...
Protecting Religions from "Defamation": A Threat to Universal Human Rights Standards
INTRODUCTION (1) Over the past decade, countries from the Organization of the Islamic Conference (OIC) have been working through the United Nations system to advance the problematic idea that there should be laws against the so-called "defamation...
The "Full Access Doctrine": Congress's Constitutional Entitlement to National Security Information from the Executive
I. CONGRESS MUST HAVE BROAD ACCESS TO INFORMATION FROM THE EXECUTIVE II. CONGRESSIONAL ACCESS TO CERTAIN TYPES OF INTELLIGENCE A. Complete Access to the "Analytic Products" of the Intelligence Agencies B. Intelligence Committees:...
The Loss of Freedom of Association in Christian Legal Society V. Martinez
Our First Amendment rights are bedrock principles of our nation's constitutional structure. (1) Because public universities and schools are operated by the state, "[i]t can hardly be argued that either students or teachers shed their constitutional...
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