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. 3, Summer

Business Transactions and President Trump's "Emoluments" Problem
Recently, some have argued (1) that the term "emoluments," as used in the Constitution's Foreign Emoluments Clause (2) and Presidential Emoluments Clause, (3) reaches any pecuniary advantage, benefit, or profit arising in connection with business transactions...
Discriminatory Lawyers in a Discriminatory Bar: Rule 8.4(g) of the Model Rules of Professional Responsibility
Lady Justice is blindfolded; her servants are not. Instead, because they are human, their predilections and aversions abound. A central challenge of the legal system, then, is how to manage the inevitable tension between impartial justice and biased...
Educating the Disadvantaged - Two Models
INTRODUCTION Rising social and economic inequality has become a national pre-occupation. Lower and upper class communities have separated geographically and diverged in family structure, civic participation, work patterns, and criminality. (1) Disparities...
How to Salvage Article I: The Crumbling Foundation of Our Republic
I pledge allegiance to the flag of the United States of America and the republic for which it stands ... (1) Article I is the first article of the Constitution because it was to be the foundation of our republic. "Republic" means the people's government...
Right by Precedent, Wrong by RFRA: The "Substantial Burden" Inquiry in Oklevueha Native American Church of Hawaii, Inc. V. Lynch
Not long ago, the United States Supreme Court reaffirmed that the Religious Freedom Restoration Act ("RFRA") (1) is a robust protection of religious freedom. (2) Still, some federal circuits remain devoted to a more restrictive teaching. (3) Recently,...
The Federalist Society's Article I Initiative
The Federalist Papers clearly establish that the drafters of the Constitution intended the legislature to be the most powerful branch of government. In its present state, as the government operates on a day to day basis, it is not. We are left to wonder...
The Place of Congress in the Constitutional Order
It is no accident that the Constitution begins with Congress. The Founders understood that the legislature would be central to the new constitutional project. Congress would be the foundation stone upon which the rest of the governmental edifice would...
The President's Pen and the Bureaucrat's Fiefdom
"All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." (1) The very first provision of the Constitution beyond the preamble, quoted above, specifies...
The Wealth of Congress
INTRODUCTION "Congress is loaded," declared Andrew Katz in a post for Time magazine's blog. (1) Time was not alone in its assessment. Responding to a report from the Center for Responsive Politics that found, for the first time in 2012, a majority...
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