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. 38, No. 3, Summer

Behavioral Public Choice: The Behavioral Paradox of Government Policy
I. OVERVIEW What are the economic justifications for government intervention in the economy? In a market economy, prices coordinate the activities of buyers and sellers and convey information about the strength of consumer demand for a good and...
Contractual Solutions for Employment Law Problems
It is my very great pleasure to speak at this general session of the Federalist Society on the vexing topic of employment law. It is a subject in which I have had a long-term interest, and on which I have done a fair bit of legal and theoretical work....
Employment Regulation and Youth Employment: A Critical Perspective
An important body of legal and economic scholarship considers whether, and to what extent, employment regulations increase firms' firing costs and reduce their demand for labor. (1) Researchers have debated this question for decades without reaching...
Originalism as a Theory of Legal Change
INTRODUCTION I. ORIGINALISM AND POSITIVE LAW A. Normative Defenses of Originalism 1. Originalism as a Good Idea 2. Originalism as Law Reform B. Conceptual Defenses of Originalism 1. What Interpretation Can't Do ...
Preface
While Millennials voted overwhelmingly for President Obama, their economic prospects have stagnated under the Obama Administration. The 2014 Federalist Society National Lawyers Convention on "Millennials, Equity, and the Rule of Law" addressed, among...
State "Competitor's Veto" Laws and the Right to Earn a Living: Some Paths to Federal Reform
A. The Bruner Case In 2010, shortly after earning his Masters in Business Administration from the University of Kentucky, Raleigh Bruner decided to start a moving company, which he named after the University's basketball team, the Wildcats. Within...
Why Non-Originalism Does Not Justify Departing from the Original Meaning of the Recess Appointments Clause
INTRODUCTION I. THE ORIGINAL MEANING A. The Happen Issue B. The Type of Recess Issue C. The Modified Intersession View II. LIVING CONSTITUTIONALISM A. The Value of Senatorial Confirmation and the Cost of Longer Vacancies...
Working Backwards: How Employment Regulation Hurts Unemployed Millennials
Think back, if you will, to Paris about eight years ago when the French government proposed reforms to its labor code that would have made it easier for employers to dismiss young employees. Millions hit the streets in protest. (1) Cars were torched....
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