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. 23, No. 2, Spring

A Blessing in Disguise: Protecting Minority Faiths through State Religious Freedom Non-Restoration Acts
I. INTRODUCTION The diversification of American society has increased the prospect that an individual will suffer discrimination at the hands of government on the basis of religion. Our polity arguably has matured to the point where official discrimination...
D.C. Circuit Revives Nondelegation Doctrine ... or Does It? American Trucking Associations, Inc. V. EPA
D.C. CIRCUIT REVIVES NONDELEGATION DOCTRINE ... OR DOES IT?: American Trucking Associations, Inc. v. EPA, 175 F.3d 1027 (D.C. Cir. 1999), modified, 195 F.3d 4 (D.C. Cir. 1999) I. INTRODUCTION Article I, Section 1 of the Constitution charges Congress...
Death, Ethics, and the State
[T]his case presents novel issues of fundamental importance that should not be resolved by mechanical reliance on legal doctrine. --Superintendent v. Saikewicz(1) The state has an interest in "maintaining the ethical integrity of the medical...
The Alden Trilogy: Praise and Protest
I. INTRODUCTION The 1998 Supreme Court Term was relatively unremarkable(1) until a final day blitz in which the Court announced the Alden Trilogy, named for Alden v. Maine,(2) the lead case in a trio of federalism cases. Decided by identical 5-4...
The Tenth Amendment among the Shadows: On Reading the Constitution in Plato's Cave
In Plato's Allegory of the Cave, he describes a cavernous chamber in which men are imprisoned. Although a large fire lights the cave, the prisoners cannot see the light source. Instead, they can only make out figures that dance and parade in front...
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