Preface

By Carter, Jennifer | Harvard Journal of Law & Public Policy, Fall 2005 | Go to article overview

Preface


Carter, Jennifer, Harvard Journal of Law & Public Policy


Volume 29 opens in the midst of a tumultuous and potentially pivotal chapter in American legal history. As the nation anticipates a new epoch for the Supreme Court, the Senate continues to grapple with its relationship to the President and the judiciary. Judges, scholars, and lawyers struggle daily with the myriad legal questions generated in the war on terrorism, by emerging technologies, and over the content and scope of individual rights; the public has energetically taken its elected representatives to task over these legal issues. We hope that these pages offer constructive contributions in these areas, in keeping with this Journal's tradition of advancing outstanding conservative and libertarian scholarship.

This Issue begins with eight papers from the Twenty-Fourth Federalist Society Student Symposium, Law and Freedom. We are pleased to present these Symposium highlights, which include competing views on the philosophical underpinnings of freedom, the intersection of freedom and identity, and the trade-off between freedom and security in the war on terrorism.

Next, in view of the hotly contested issue of the proper role of the Senate in confirming the President's judicial nominees, Mr. Adam White has investigated the Framers' understanding of the Advice and Consent Clause. His Article features original historical research into the practice of advice and consent in early Massachusetts, upon which the constitutional clause was based, and concludes that in the original understanding, the Senate does not have an affirmative constitutional duty to vote up or down on a nominee.

Professor Tung Yin's latest contribution to post-September 11 scholarship presents a framework for the detention and release of enemy combatants held at Guantanamo Bay. After discussing traditional military and law-enforcement mechanisms, he concludes that neither set of norms provides a workable fit for the novel challenges of the war on terrorism. His proposal for a noncriminal process draws on analogies to pretrial detention, civil commitment, and medical quarantine.

Dr. Robert Hahn and Professor Paul Tetlock present a proposal for the design and use of information markets in public decision making as an advancement over existing cost-benefit analysis tools. …

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Preface
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

    Already a member? Log in now.