Harvard Journal of Law & Public Policy articles from June 2005

Harvard Journal of Law & Public Policy archives from June 2005

Judicial review of unenumerated rights: does Marbury's holding apply in a post-Warren court world?
June 22, 2005... Last year law schools across the country celebrated the 200th anniversary of the Supreme Court's landmark decision in Marbury v. Madison, which firmly entrenched judicial review as a fundamental component of our constitutional system of...

State attempts to define religion: the ramifications of applying mandatory prescription contraceptive coverage statutes to religious employers.
June 22, 2005... I. INTRODUCTION There has been much attention given of late to the issue of whether the law should require private employers to cover prescription contraceptives under their health care plans. Although the exclusion of prescription...

If racial desegration, then same-sex marriage? Originalism and the Supreme Court's Fourteenth Amendment.
June 22, 2005... I. INTRODUCTION Whatever constitutional scholars may think of Robert Bork's other views, most would agree with his conclusion that "Brown [v. Board of Education] (1) has become the high ground of constitutional theory.... [A]ny theory that...

The rule of law problem: unconstitutional class actions and options for reform.
June 22, 2005... I. INTRODUCTION II. THE RULE OF LAW PROBLEM A. Defining Rights B. Due Process and the Rule of Law 1. Introduction to Due Process in the Class Action Context: Federalism and State Autonomy Interests 2....

The clash of rival and incompatible philosophical traditions within constitutional interpretation: originalism grounded in the central Western philosophical tradition.
June 22, 2005... I. INTRODUCTION A. Preview of the Defense of Originalism Based on the Tenets of the Aristotelian Tradition II. THE RIVAL AND INCOMPATIBLE PHILOSOPHICAL TRADITIONS A. Introduction B. The Central Western Philosophical...