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. 28, No. 3, Summer

If Racial Desegration, Then Same-Sex Marriage? Originalism and the Supreme Court's Fourteenth Amendment
I. INTRODUCTION Whatever constitutional scholars may think of Robert Bork's other views, most would agree with his conclusion that "Brown [v. Board of Education] (1) has become the high ground of constitutional theory.... [A]ny theory that seeks...
Judicial Review of Unenumerated Rights: Does Marbury's Holding Apply in a Post-Warren Court World?
Last year law schools across the country celebrated the 200th anniversary of the Supreme Court's landmark decision in Marbury v. Madison, which firmly entrenched judicial review as a fundamental component of our constitutional system of government--so...
State Attempts to Define Religion: The Ramifications of Applying Mandatory Prescription Contraceptive Coverage Statutes to Religious Employers
I. INTRODUCTION There has been much attention given of late to the issue of whether the law should require private employers to cover prescription contraceptives under their health care plans. Although the exclusion of prescription contraceptive...
The Clash of Rival and Incompatible Philosophical Traditions within Constitutional Interpretation: Originalism Grounded in the Central Western Philosophical Tradition
I. INTRODUCTION A. Preview of the Defense of Originalism Based on the Tenets of the Aristotelian Tradition II. THE RIVAL AND INCOMPATIBLE PHILOSOPHICAL TRADITIONS A. Introduction B. The Central Western Philosophical Tradition 1. Rational...
The Rule of Law Problem: Unconstitutional Class Actions and Options for Reform
I. INTRODUCTION II. THE RULE OF LAW PROBLEM A. Defining Rights B. Due Process and the Rule of Law 1. Introduction to Due Process in the Class Action Context: Federalism and State Autonomy Interests 2. The Rule of Law and...