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. 29, No. 1, Fall

Five Theses on Identity Politics
The kind of freedom I want to address is the most vital kind: political freedom. By that I mean the summoning and exertion of energy to engage one another on matters of collective government. What I have in mind specifically is democratic political...
Freedom
I. INTRODUCTION More than two centuries after our Revolution, we Americans are still arguing over the nature, and even the coherence, of three of the natural rights in whose name the Revolution was fought. We contest (because it is also truly contestable...
Not Necessarily in Conflict: Americans Can Be Both United and Culturally Diverse
In considering whether identity is freedom-limiting or freedom-enhancing, it is important to focus on the interplay between one's identity as an American and one's identity as a member of a particular racial or ethnic subgroup of Americans. Our collective...
Paying for the Sins of Their Users: Liability and Growing Uncertainty in a Digital Age
Although space may represent the final frontier for man, the realm of cyberspace embodies an equally untamed wilderness. With more similarities to the Wild West than to a civilized modern society, (1) the Internet defies previously established principles...
Placing Unnecessary Limits on Voting and Associational Freedoms
The right to vote candidates of one's choice into office is at the core of representative democracy. The ability to organize on a large scale with willing groups of voters to elect a mutually desirable candidate is prerequisite to any enjoyment of...
Preface
Volume 29 opens in the midst of a tumultuous and potentially pivotal chapter in American legal history. As the nation anticipates a new epoch for the Supreme Court, the Senate continues to grapple with its relationship to the President and the judiciary....
The Nature and Importance of Liberty
What is liberty, and why is it important? Why do we care about it? The first premise that I offer here is that liberty is an expression of what is valuable about us as human beings. It is a natural law idea; that is to say, it is a moral imperative...
Using Information Markets to Improve Public Decision Making
I. INTRODUCTION II. AN INTRODUCTION TO INFORMATION MARKETS III. GETTING BETTER INFORMATION FOR MAKING POLICY CHOICES A. A New Approach B. Extending the Framework C. The Potential for Improving Fairness D. Potential Problems...