Harvard Journal of Law & Public Policy articles from June 2002

Harvard Journal of Law & Public Policy archives from June 2002

Reflections on the twenty-fifth anniversary of the Harvard Journal of Law & Public Policy.
June 22, 2002... Twenty-five years ago, when I was an enthusiastic assistant professor of law only recently arrived at Harvard, Steven Eberhard and Spencer Abraham were enterprising law students in search of a faculty member to provide cover for their idea of...

Locating the boundaries: the scope of Congress's power to regulate Commerce.
June 22, 2002... The Congress shall have Power... To regulate Commerce... among the several States. --U.S. Constitution, Art. I, [section] 8, cl. 3 I. INTRODUCTION In the wake of the American Revolution, neither the Continental Congress nor the...

Business, the states, and federalism's political economy.(legislative efforts to limit federal preemption of state and local law)
June 22, 2002... I. INTRODUCTION The origin of this Conference and Article is a highly publicized conflict between business and, on the other side, state officials and conservative Congressmen and Senators over a legislative effort to limit federal...

Re-entering the arena: restoring a judicial role for enforcing limits on federal mandates.
June 22, 2002... I. INTRODUCTION Originalists sometimes find it difficult to square the Framers' Constitution with the minute details of statutes dealing with an administrative state that bears little or no relationship to the kind of government the...

The problem of tort reform: federalism and the regulation of lawyers.
June 22, 2002... Over the past decade, the term "tort reform" has become a popular phrase among corporations, politicians, and lawyers alike. Corporations have seen tort reform as a means of controlling the massive liabilities to which they have been exposed...

Beware the trumpets of war.(military tribunals)(response to Kenneth Anderson, Harvard Journal of Law and Public Policy, vol. 25, p. 591, 2002)
June 22, 2002... True conservatives should be wary of passion. Edmund Burke, after all, penned his classic conservative manifesto (1) amid the social and political wreckage of the French Revolution. He saw public passion unleashed as never before, and he...

The First Amendment and problems of political viability: the case of Internet pornography.
June 22, 2002... I. INTRODUCTION Political hot-button issues historically have clashed with the First Amendment as political expediency has bumped up against free expression. In the 1940s and 50s, for example, the House Un-American Activities Committee and...

Toward a national putative father registry database.(adoptions)
June 22, 2002... In the United States, every third child is born to an unwed mother. (1) These children are relinquished for adoption at a greater rate than those born to married mothers. (2) Adoption of a child born to an unwed mother creates a quandary of how...

A Lockean analysis of section one of the Fourteenth Amendment.(Privileges or Immunities Clause)
June 22, 2002... Despite--or perhaps because of--the great attention that scholars have devoted to it, the original meaning of Section One of the Fourteenth Amendment still remains a subject of intense debate. (1) While the Supreme Court has focused most...

Anastasoff, unpublished opinions, and federal appellate justice.
June 22, 2002... In Anastasoff v. United States, (1) a three-judge panel of the United States Court of Appeals for the Eighth Circuit recently invalidated the court's local rule of appellate procedure providing that "unpublished opinions are not precedent and...

The end of compelled contributions for subsidized advertising?
June 22, 2002... THE END OF COMPELLED CONTRIBUTIONS FOR SUBSIDIZED ADVERTISING?: United States v. United Foods, 533 U.S. 405 (2001). I. INTRODUCTION Until the Supreme Court's opinion in Virginia Board of Pharmacy v. Virginia Citizens Consumer Council,...

The keys to the castle: a new standard for warrantless home searches in United States v. Knights.
June 22, 2002... THE KEYS TO THE CASTLE: A NEW STANDARD FOR WARRANTLESS HOME SEARCHES IN United States v. Knights, 122 S.Ct. 587 (2001). The technicalities of the Fourth Amendment have permeated popular culture to such an extent that many Americans are...