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. 39, No. 2, Spring

De Facto Class Actions? Plaintiff- and Defendant-Oriented Injunctions in Voting Rights, Election Law, and Other Constitutional Cases
INTRODUCTION I. INJUNCTIVE RELIEF IN ELECTION LAW CASES A. Plaintiff- and Defendant-Oriented Injunctions B. Current Approaches 1. Presumptive Issuance of Defendant Oriented Injunctions 2. Mandatory Issuance...
De Facto Class Actions? Plaintiff- and Defendant-Oriented Injunctions in Voting Rights, Election Law, and Other Constitutional Cases
C. Theoretical Tensions Underlying the Dispute Much of the difficulty concerning the choice between Plaintiff-and Defendant-Oriented Injunctions stems from three related dichotomies. The first is between substance and procedure. It is common to...
Foreword
Elections are what may be called the festival of democracy, in which it announces, celebrates, and enacts itself. Therefore, election law--the subject of this Issue--plays a central role in how democracy unfolds in this country. The connection between...
Image Is Everything: Politics, Umpiring, and the Judicial Myth
INTRODUCTION A. Appearances and Reality Behind the Bench and Behind Home Plate In his 2005 confirmation hearings, Chief Justice John Roberts famously compared judging to umpiring baseball: "Judges are like umpires. Umpires don't make the rules;...
People (Not Equal to) Legislature
In Arizona State Legislature v. Arizona Independent Redistricting Commission, (1) the Supreme Court considered whether a commission, established by popular initiative, could draw congressional districts. Like other states, Arizona had stripped such...
Perpetuating "One Person, One Vote" Errors
"One person, one vote" has no plausible basis in the text or original meaning of the Fourteenth Amendment of the United States Constitution. (1) More than fifty years after Baker v. Carr, however, this mantra remains essentially inviolable. (2) It...
Preface
Though our political system has resigned itself to languishing in a perpetual state of partisan malaise, this Issue arrives in the throes of a presidential campaign that has proven more unsavory than any pessimist could have predicted. With that commotion...
The Federalist Safeguards of Politics
INTRODUCTION I. REPUBLICANISM, PERFECTIONISM, AND PLURALISM A. Republican Pluralism B. Republican Perfectionism II. The Nationalization of State Politics A. Congressional Nationalization B. Executive Nationalization C....
The Federalist Safeguards of Politics
3. Parties Party regulation provides both an opportunity for variation among states and additional opportunities for innovations by individual parties within states. Nominating conventions are permitted for major and minor parties in twenty-two...
The Outer Limits of Equity: A Proposal for Cautious Expansion
Equity had long been established when the Constitution and the Judiciary Act of 1789 incorporated it into the new American legal system. In concept, it dates back to Aristotle; in implementation, at least back to the English Chancery courts. (1) These...
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