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Harvard Journal of Law & Public Policy articles from March 2005
Tri-annual journal featuring scholarly review of law and issues of importance to students, educators, and practioners.
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Harvard Journal of Law & Public Policy archives from March 2005
The Patriot Act and the wall between foreign intelligence and law enforcement.
March 22, 2005...
I. LEGENDS OF THE WALL
A. Pre-FISA
B. FISA
1. Applications for FISA Surveillance Orders
2. Judicial Approval of FISA Surveillance Orders
3. The Govemment's Intended and Actual Use
of FISA-Acquired Information...
The quasi war cases - and their relevance to whether "letters of marque and reprisal" constrain presidential war powers.
March 22, 2005... I. INTRODUCTION
Constitutional scholars cite three Supreme Court decisions arising from the undeclared Quasi War with France in 1798-1800 as support for the proposition that Congress may authorize war of any magnitude, and that, except in...
RLUIPA at four: evaluating the success and constitutionality of RLUIPA'S prisoner provisions.(Religious Land Use and Institutionalized Persons Act of 2000)
March 22, 2005...
I. INTRODUCTION
II. RLUIPA'S LEGISLATIVE HISTORY AND THE
HISTORICAL BACKGROUND OF PROTECTION OF
RELIGIOUS EXERCISE OF PRISONERS
III. HOW THE ACT OPERATES
A. A Brief Overview of the Act
B. The Elements of a Prisoner's...
"Thou shalt not bear false witness": "sham" secular purposes in Ten Commandments displays.
March 22, 2005...
I. REMEMBER THY HISTORY, HOLY OR NOT
II. HONOR SUPREME COURT PRECEDENT, THAT THY
DISPLAY'S DAYS MAY BE LONG UPON GOVERNMENT
PROPERTY
III. THOU SHALT NOT PROFFER SHAM PURPOSES
A. From Whence Cometh Secular Purpose?
...
A gleeful obituary for Poletown Neighborhood Council v. Detroit.
March 22, 2005... The Michigan Supreme Court's decision in Wayne County v. Hathcock, (1) overruling the infamous decision in Poletown Neighborhood Council v. Detroit, (2) represents a major victory for property owners not only in that state, but, indirectly,...
Property and environment: thoughts on an evolving relationship.
March 22, 2005... Private property is a necessary but insufficient tool for environmental regulation. Why is it necessary? There are several reasons. First, it settles who controls a resource, making rational management possible. While this may sound trivial,...
Rewriting the terms: the contract clause and special-interest legislation in RUI One Corp. v. City Of Berkeley.
March 22, 2005... The City Council of Berkeley, California is well known for its energetic adherence to the left wing of American policy and politics. A ready example is its March 2004 determination that Congress should formally censure President Bush and Vice...