Harvard Journal of Law & Public Policy articles from March 2003

Harvard Journal of Law & Public Policy archives from March 2003

Market rights and the rule of law: a case for procedural constitutionalism.
March 22, 2003... I. INTRODUCTION I. SOME CONCEPTUAL ISSUES III. CONTESTABLE RIGHTS AND THE RULE OF LAW IV. INTEGRITY AND RULE FOLLOWING V. AM I PROVING TOO MUCH? VI. DEPENDENCE, CHARITY, AND WELFARE VII. NONINTERFERENCE, MARKET RIGHTS,...

Science and religion twenty years after McLean v. Arkansas: evolution, public education, and the new challenge of intelligent design.
March 22, 2003... I. INTRODUCTION II. IMPORTANT TERMS A. Creationism B. Evolution C. Intelligent Design 1. Scholarly Support for Intelligent Design 2. Intelligent Design's Conflict with Methodological Naturalism 3. Intelligent...

Stopping time: the pro-slavery and "irrevocable" thirteenth amendment.(amending power in Article V of U.S. Constitution)
March 22, 2003... I. EXTRALEGAL AUTHORITY AND THE CREATION OF ARTICLE V II. HISTORICAL CONTEXT OF THE CORWIN AMENDMENT III. LEGISLATIVE HISTORY OF THE CORWIN AMENDMENT A. Debate in the House of Representatives B. Debate in the...

An overview and evaluation of state Blaine Amendments: origins, scope, and First Amendment concerns.
March 22, 2003... "[I]t is one of the firmest convictions of our time that difference of creed should no longer be allowed to determine a difference of civic rights." --Jacob Burckhart (1) "Governments have not always been tolerant of religious...

A matter of constitutional luck: the general applicability requirement in free exercise jurisprudence.
March 22, 2003... I. AN INTRODUCTION TO GENERAL APPLICABILITY II. THE GENERAL APPLICABILITY REQUIREMENT IN THEORY AND PRACTICE A. The Theoretical Underpinnings of General Applicability B. The Application of the General...