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. 40, No. 2, May

Half-Cocked: The Regulatory Framework of Short-Barrel Firearms
INTRODUCTION I. HISTORY OF THE NATIONAL FIREARMS ACT OF 1934 II. CONSTITUTIONAL CHALLENGES TO THE NFA A. The First Prong of the Ninth Circuit's Second Amendment Scrutiny Test B. Second Prong of the Test for Second Amendment Scrutiny...
Marriage, the Court, and the Future
INTRODUCTION I. WHAT THE COURT SAID (AND HOW IT GOT IT WRONG) II. THE DISSENTS III. WHAT THE DISSENTING JUSTICES HAD TO SAY ABOUT THE HARMS THIS RULING WOULD CAUSE A. Harm to Constitutional Democratic Self-Government B. Harm...
Protecting Prenatal Persons: Does the Fourteenth Amendment Prohibit Abortion?
What should the legal status of human beings in utero be under an originalist interpretation of the Constitution? Other legal thinkers have explored whether a national "right to abortion" can be justified on originalist grounds. (1) Assuming that it...
Secondary Effects and Public Morality
INTRODUCTION When may the state regulate constitutionally protected activity in the interests of public morality? In Barnes v. Glen Theatre, Inc., (1) City of Erie v. Pap's A.M., (2) and City of Los Angeles v. Alameda Books, Inc., (3) the Supreme...
The Power to Define Offenses against the Law of Nations
INTRODUCTION I. TEXT A. Surplusage and structure B. Alternative interpretations II. EARLY CONSTITUTIONAL HISTORY A. The definition of "define" B. The power to punish vaguely defined offenses C. The clause's purpose D. The power...
The Sexual Integrity of Religious Schools and Tax Exemption
INTRODUCTION I. BOB JONES AND THE PUBLIC POLICY DOCTRINE II. WHY THE PUBLIC POLICY DOCTRINE SHOULD BE CONSTRUED NARROWLY A. Appreciating the Fundament Requirement B. Promoting Fair Notice and Doctrinal Clarity ...
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