Harvard Journal of Law & Public Policy articles from March 2000

Harvard Journal of Law & Public Policy archives from March 2000

The Alden Trilogy: praise and protest.
March 22, 2000... I. INTRODUCTION The 1998 Supreme Court Term was relatively unremarkable(1) until a final day blitz in which the Court announced the Alden Trilogy, named for Alden v. Maine,(2) the lead case in a trio of federalism cases. Decided by...

A blessing in disguise: protecting minority faiths through state religious freedom non-restoration acts.
March 22, 2000... I. INTRODUCTION The diversification of American society has increased the prospect that an individual will suffer discrimination at the hands of government on the basis of religion. Our polity arguably has matured to the point where...

Death, ethics, and the state.
March 22, 2000... [T]his case presents novel issues of fundamental importance that should not be resolved by mechanical reliance on legal doctrine. --Superintendent v. Saikewicz(1) The state has an interest in "maintaining the ethical integrity of the...

The Tenth Amendment among the shadows: on reading the constitution in Plato's Cave.
March 22, 2000... In Plato's Allegory of the Cave, he describes a cavernous chamber in which men are imprisoned. Although a large fire lights the cave, the prisoners cannot see the light source. Instead, they can only make out figures that dance and parade in...

D.C. Circuit revives nondelegation doctrine ... or does it? American Trucking Associations, Inc. v. EPA.
March 22, 2000... D.C. CIRCUIT REVIVES NONDELEGATION DOCTRINE... OR DOES IT?: American Trucking Associations, Inc. v. EPA, 175 F.3d 1027 (D.C. Cir. 1999), modified, 195 F.3d 4 (D.C. Cir. 1999) I. INTRODUCTION Article I, Section 1 of the Constitution...