Harvard Journal of Law & Public Policy articles from January 2003

Harvard Journal of Law & Public Policy archives from January 2003

Introduction to the Federalist Society 2002 symposium on law and truth; banquet panel on the founding of the Federalist Society.(conservative law student organization)
January 1, 2003... In looking back at the founding of the Federalist Society as a conservative law student organization it is clear that Steve Calabresi, Lee Liberman Otis, and Gary Lawson were the intellectual powerhouses who put together the original...

The proliferation of legal truth. .(Panel I: Law & Truth: Pre-Modernism, Modernism, and Post-Modernism)(Federalist Society 2002 Symposium on Law and Truth)
January 1, 2003... I am delighted that the Federalist Society asked me to participate in its Symposium on Law and Truth. I suspect, however, given my previous jurisprudential writings, that I was invited in order to play the role of Pontius Pilate. But I refuse...

Truth, truths, "truth," and "truths" in the law. (Panel I: Law & Truth: Pre-Modernism, Modernism, and Post-Modernism) (Federalist Society 2002 Symposium on Law and Truth)
January 1, 2003... The best way to get a clear view of questions about truth--in the law or anywhere else--is to start, not with debates over "modernism" versus "post-modernism," and the whole dubious history of ideas they presuppose, but with a few simple...

The plain truth about legal truth. .(Panel I: Law & Truth: Pre-Modernism, Modernism, and Post-Modernism)(Federalist Society 2002 Symposium on Law and Truth)
January 1, 2003... I. INTRODUCTION II. WHY WE SHOULD CARE ABOUT ISSUES CONCERNING THE TRUTH OF SINGULAR LEGAL PROPOSITIONS III. SKEPTICISM ABOUT TRUTH IN LAW: ITS CAUSE AND CURE A. Three Pseudo-Skepticisms About the Truth of ...

From postmodernism to law and truth. .(Panel I: Law & Truth: Pre-Modernism, Modernism, and Post-Modernism)(Federalist Society 2002 Symposium on Law and Truth)
January 1, 2003... I. INTRODUCTION II. MAPPING MODERNITY III. POSTMODERN THOUGHT IV. MODERNISM AND LANGUAGE V. LAW AND TRUTH VI. CONCLUSION I. INTRODUCTION Postmodernism and legal truth both merit serious attention. Properly understood,...

History for the non-originalist.(Panel II: Original and Historical Truth)(Federalist Society 2002 Symposium on Law and Truth)
January 1, 2003... It has always seemed a perversion of language to use a name to signify what something is not, rather than what it is. (1) A name is related, in some way, to understanding and to mastering, indeed to being human, as suggested by the Old...

Forms of originalism and the study of history.(Panel II: Original and Historical Truth)(Federalist Society 2002 Symposium on Law and Truth)
January 1, 2003... I will discuss two different kinds of originalism and the demands they place on the discipline of history. I was an eyewitness to the development of the first kind of originalism, which I will call Originalism Mark I. In the fall of 1977...

On finding (and losing) our origins. .(Panel II: Original and Historical Truth)(Federalist Society 2002 Symposium on Law and Truth)
January 1, 2003... I Suppose I asked a hundred people to write an article describing what happened yesterday in, say, France. We could even agree more specifically on the question, like what happened in the City Council of Paris; or, what did the French...

The exclusionary rule. .(Debate: Exclusionary Rules)(Federalist Society 2002 Symposium on Law and Truth)
January 1, 2003... If there is a litmus test to distinguish between so-called liberals and so-called conservatives in the United States, it is the exclusionary rule. More than one's views on abortion, more than one's views on law and economics, more than one's...

In defense of the search and seizure exclusionary rule. (Debate: Exclusionary Rules) (Federalist Society 2002 Symposium on Law and Truth)
January 1, 2003... I. INTRODUCTION II. THE PRE-MAPP ERA III. THE LAW ENFORCEMENT COMMUNITY'S REACTION TO MAPP IV. HAS THE EXCLUSIONARY RULE INHIBITED THE DEVELOPMENT OF ALTERNATIVE REMEDIES ? V. ARE TODAY'S POLITICIANS MORE LIKELY...

Truth, justice, and the jury.(Panel III: Truth, the Jury, and the Adversarial System)(Federalist Society 2002 Symposium on Law and Truth)
January 1, 2003... I. PUBLIC INFORMATION ABOUT THE JURY II. SYSTEMATIC STUDIES OF JURY DECISIONS III. HOW JURIES DECIDE IV. CONCLUSION An experienced attorney recently forwarded an email sharing the descriptions of several recent verdicts in civil...

Is the criminal process about truth?: A German perspective.(Panel III: Truth, the Jury, and the Adversarial System)(Federalist Society 2002 Symposium on Law and Truth)
January 1, 2003... I. INTRODUCTION: THE IMPORTANCE OF KNOWING THE TRUTH II. ADVERSARIAL AND INQUISITORIAL SYSTEMS: HISTORICAL FAILURES III. COMPROMISE SOLUTIONS IV. TRUTH AND THE JURY V. WHY CARE ABOUT THE TRUTH? VI. TOWARD A...

America's adversarial and jury systems: more likely to do justice.(Panel III: Truth, the Jury, and the Adversarial System)(Federalist Society 2002 Symposium on Law and Truth)
January 1, 2003... I. ADVERSARIAL VS. INQUISITORIAL SYSTEM II. JURY SYSTEM III. CONCLUSION This Article aims to answer the following question: Are the American and British adversarial systems, which rely heavily on juries, or the German and...

Lawyers and truth-telling.(Roundtable: The Lawyer's Responsibility to the Truth)(Federalist Society 2002 Symposium on Law and Truth)
January 1, 2003... Critics of the adversarial system's relationship with truth fall roughly into two groups. The first group, exemplified by John Langbein, seeks reform of our trial and pretrial procedures. These critics would give judges greater independent...

Corporate fraud: see, lawyers.(Roundtable: The Lawyer's Responsibility to the Truth)(Federalist Society 2002 Symposium on Law and Truth)
January 1, 2003... I. INTRODUCTION II. LAWYERS, LIES AND MARKET-GATE III. THE LAW-FREE ZONE IV. LIES OR CONSEQUENCES V. CONCLUSION POSTSCRIPT: JANUARY 26, 2003 I. INTRODUCTION The accounting profession must bear a good deal of...

Lawyers as the enemies of truth. .(Roundtable: The Lawyer's Responsibility to the Truth)(Federalist Society 2002 Symposium on Law and Truth)
January 1, 2003... In these brief remarks, I will focus on a single aspect of the relationship between lawyers and truth. I will discuss why the issue of truth in the legal system reveals a fundamental tension between lawyers and the public. The public benefits...

A tale of truth in modern America. .(Roundtable: The Lawyer's Responsibility to the Truth)(Federalist Society 2002 Symposium on Law and Truth)
January 1, 2003... A fellow running for sheriff in a small southern town gave a stump speech at a Fourth of July picnic. At the end, the crowd applauded and wandered away, except for one man. The candidate, seeing a potential vote, approached the man and asked...

Politics and the principle that elected legislators should make the laws.
January 1, 2003... [T]he most significant development in the law over the past thousand years.... is the principle that laws should be made not by a ruler, or his ministers, or his appointed judges, but by representatives of the people. (1) ...

The myth of conservative Supreme Court: the October 2000 term.
January 1, 2003... I. JUDICIAL ACTIVISM II. THE NATURE AND SOURCE OF CONSTITUTIONAL LAW III. THE LIBERAL ACTIVISM OF THE REHNQUIST COURT IV. CONSERVATIVE ACTIVISM BY THE REHNQUIST COURT A. Bush v. Gore B. Racial Preferences ...

The faith-based initiative, charitable choice, and protecting the free speech rights of faith-based organizations.
January 1, 2003... We ought not to worry about faith in our society. We ought to welcome it into our programs. We ought to welcome it in the welfare system. We ought to recognize the healing power of faith in our society. --President...

Security reviews of media reports on military operations: a response to Professor Lee.(William E. Lee, Harvard Journal of Law and Public Policy, vol. 25, p. 743, 2002)
January 1, 2003... I. CASE LAW ON MEDIA ACCESS II. THE ROLE OF SECURITY REVIEWS IN PROTECTING THE MILITARY MISSION III. A PRUDENT APPROACH TO MILITARY/ MEDIA RELATIONS IV. CONCLUSION Professor William E. Lee argued in a recent article...

Thomas Jefferson and the Wall of Separation between Church and State.(Book Review)
January 1, 2003... As the Supreme Court continues to reexamine its jurisprudence concerning the proper relationship between church and state, (1) scholars recently have taken a new look at the historical foundations of the Establishment Clause. In particular,...

How little control? Volition and the civil confinement of sexually violent predators. (Case Note)
January 1, 2003... Traditionally, civil confinement has been employed for the treatment and incarceration of non-responsible, non-culpable actors such as the severely mentally ill or the legally and criminally insane. (1) Due to concern about the danger repeat...