Harvard Journal of Law & Public Policy articles from March 2006

Harvard Journal of Law & Public Policy archives from March 2006

In memoriam: William H. Rehnquist: Chief Justice Rehnquist's enduring, democratic constitution. (Testimonial)
March 22, 2006... We have all heard, read, and (probably) argued a good deal lately about the "judicial philosophy" of nominees to and Justices of the Supreme Court of the United States. (1) Senate staffers, pundits, "big media" journalists, and bloggers have...

The notion of a living constitution.
March 22, 2006... At least one of the more than half-dozen persons nominated during the past decade to be an Associate Justice of the Supreme Court of the United States has been asked by the Senate Judiciary Committee at his confirmation hearings whether he...

Seeing government purpose through the objective observer's eyes: the evolution-intelligent design debates.
March 22, 2006... CONTENTS I. INTRODUCTION II. AN EVOLUTION-INTELLIGENT DESIGN PRIMER A. Revisiting the Ideas at Issue 1. Evolution 2. Creationism 3. Intelligent Design B. The Cultural Context, at Home and ...

Eminent domain after Kelo v. City of New London: an argument for banning economic development takings.
March 22, 2006... I. INTRODUCTION II. HISTORY OF THE DOCTRINE A. Public-Private Takings in the Colonial and Revolutionary Eras B. Public-Private Takings in the Nineteenth Century C. Public-Private Takings in the Early ...

Defining the contours of the emerging fraudulent misjoinder doctrine.
March 22, 2006... I. INTRODUCTION II. THE TRADITIONAL FRAUDULENT JOINDER DOCTRINE III. DEVELOPMENT OF THE FRAUDULENT MISJOINDER DOCTRINE IV. NECESSITY OF THE FRAUDULENT MISJOINDER DOCTRINE V. UNRESOLVED ISSUES A. Federal...

The conservative influence of the Federalist Society on the Harvard Law School student body.
March 22, 2006... I. INTRODUCTION II. "YOU HAD TO HAVE A SENSE OF HUMOR ABOUT IT": CONSERVATIVE PRECURSORS TO THE FEDERALIST SOCIETY AT HARVARD LAW SCHOOL A. The Demise of the "Conservatizing Milieu" B. The Republican...

Defending America's children: how the current system gets it wrong.
March 22, 2006... I. INTRODUCTION The United States prides herself on recognizing the individual rights of every citizen. Americans are shocked by the treatment of women in Afghanistan, Saudi Arabia, and other foreign countries; they are embarrassed by...

Good history, good law (and by coincidence good policy too: Granholm v. Heald.
March 22, 2006... With the rise of the Internet has come the lucrative practice of online wine selling. Although in nearly every state over-the-counter alcohol sales are, by law, channeled through elaborate multi-tiered distribution schemes, many states have...

Restraining eminent domain through just compensation: Kelo v. City of New London.
March 22, 2006... The Fifth Amendment provides the legal standard for eminent domain: "nor shall private property be taken for public use, without just compensation." (1) Thus, there are two constitutional requirements for the exercise of eminent domain: that...