Harvard Journal of Law & Public Policy articles from June 2007

Harvard Journal of Law & Public Policy archives from June 2007

An empirical analysis of life tenure: a response to professors Calabresi & Lindgren.(response to Steven G. Calabresi and James Lindgren, Harvard Journal of Law & Public Policy. vol. 29, p. 769, 2006)
June 22, 2007... INTRODUCTION I. PINNING DOWN THE EMPIRICAL CLAIM II. LIFE TENURE BY THE NUMBERS A. The Period-Selection Problem B. The Date-of-Observation Problem C. Regression Models for Length of Tenure 1. Calabresi and...

Can states tax national banks to educate consumers about predatory lending practices?
June 22, 2007... INTRODUCTION I. NATIONALIZATION OF BANKING MARKETS AND FEDERAL PREEMPTION OF STATE LAWS A. State Usury Statutes B. Preemption Rulings of the Comptroller of the Currency C. The Dilemma for States and the...

Charter schools and collective bargaining: compatible marriage or illegitimate relationship?
June 22, 2007... I. INTRODUCTION II. WHY CHARTER SCHOOLS III. EMPLOYMENT RELATIONS AND CHARTER SCHOOLS A. Charter Schools as High Performance Workplaces B. Traditional Public Schools and the Industrial Labor...

Or for poorer? How same-sex marriage threatens religious liberty.
June 22, 2007... I. INTRODUCTION II. THE EVOLUTION OF SAME-SEX MARRIAGE IN LAW A. The Decades-Long Effort to Strike Down Traditional Marriage Laws Has Been a Consistently Losing One, Until Recently B. By Firmly...

The newer textualism: Justice Alito's statutory interpretation.
June 22, 2007... I. INTRODUCTION Despite his fifteen-year tenure as a judge on the U.S. Court of Appeals for the Third Circuit, Justice Samuel Alito remained something of a mystery when he was nominated to the Supreme Court in 2005. His lower court...

The other way to amend the constitution: the article v. constitutional convention amendment process.
June 22, 2007... I. INTRODUCTION The Constitution specifies two different ways for amendments to the Constitution to be proposed. The first method allows Congress to propose amendments when such amendments are approved by at least a two-thirds vote in both...

Antitrust and positional arms races.
June 22, 2007... The idea of "winner take all" markets, or harmful "positional races" as the phenomenon is sometimes called, (1) directly clashes with the philosophy of antitrust regulation. (2) Antitrust law advocates competition as the means of achieving its...

A principled limitation on judicial interference: Garcetti v. Ceballos.
June 22, 2007... Restrictions on the free speech rights of public employees were not thought to present constitutional concerns for much of American history. This traditional view was summarized by Justice Holmes, then on the Massachusetts Supreme Court: "The...

Convoluting the confrontation right: Davis v. Washington.
June 22, 2007... Sixth Amendment Confrontation Clause jurisprudence has undergone dramatic retooling in recent years, with the Supreme Court jettisoning the reliability-focused test of Ohio v. Roberts (1) as "permanently[] unpredictable" and lacking historical...

Subordination of powers: Hamdan v. Rumsfeld.
June 22, 2007... The scope of presidential authority has always concerned democrats, especially during wartime. Since the advent of the "War on Terror," many Bush administration policies have sparked fierce debate and, of course, litigation. In Hamdi v....

A sentence reinstated, a text set aside: shirking the Lockett dilemma in Ayers v. Belmontes.
June 22, 2007... Following the Supreme Court's pronouncements in Lockett v. Ohio (1) and Eddings v. Oklahoma, (2) courts have construed the Eighth Amendment to require broad and virtually limitless consideration of mitigating evidence during capital punishment...