Harvard Journal of Law & Public Policy articles from June 2001

Harvard Journal of Law & Public Policy archives from June 2001

"Multiply and replenish": considering same-sex marriage in light of state interests in marital procreation.
June 22, 2001... [I]t seems to me at this time we need education in the obvious more than investigation of the obscure. --Oliver Wendell Holmes, Jr.(1) I. INTRODUCTION The definition, exclusive status, and legal benefits of marriage may become one...

Fourteenth Amendment unenumerated rights jurisprudence: an essay in response to Stenberg v. Carhart.
June 22, 2001... In one of his last opinions before retiring, Chief Justice Warren Burger acknowledged that the soundness of Roe v. Wade(1) "must be tested by the decisions that purport to follow [it]."(2) Declaring that the Court "should reexamine Roe,"(3)...

In Unfree Speech: The Folly of Campaign Finance Reform.(Review)
June 22, 2001... I. INTRODUCTION In the summer of 1972, three old-time dissenters came into the offices of the New York Civil Liberties Union in Manhattan and told an extraordinary story. In May of that year they and a few like-minded others had drafted...

Yes, Virginia (Tech), our government is one of limited powers.(power reserved to the states)
June 22, 2001... I. INTRODUCTION The Framers of the Constitution designed the national government to be one of limited powers. Distrustful of the accumulation of power in any single body, the Framers provided for the division of powers both within the...

Not because they are brown, but because of Ea.(Hawaiian word for sovereignty)(Native Hawaiians)
June 22, 2001... I. INTRODUCTION During its 1999 Term the Supreme Court heard a case directly involving the status of Native Hawaiians for the first time in its history.(2) At issue was participation in the election of the board of trustees of the Office...