Harvard Journal of Law & Public Policy articles from September 2005

Harvard Journal of Law & Public Policy archives from September 2005

The nature and importance of liberty.(Twenty-Fourth Federalist Society Student Symposium, Law and Freedom)
September 22, 2005... What is liberty, and why is it important? Why do we care about it? The first premise that I offer here is that liberty is an expression of what is valuable about us as human beings. It is a natural law idea; that is to say, it is a moral...

Freedom.(general right to liberty)(Twenty-Fourth Federalist Society Student Symposium, Law and Freedom)
September 22, 2005... I. INTRODUCTION More than two centuries after our Revolution, we Americans are still arguing over the nature, and even the coherence, of three of the natural rights in whose name the Revolution was fought. We contest (because it is also...

Not necessarily in conflict: Americans can be both united and culturally diverse.(Twenty-Fourth Federalist Society Student Symposium, Law and Freedom)
September 22, 2005... In considering whether identity is freedom-limiting or freedom-enhancing, it is important to focus on the interplay between one's identity as an American and one's identity as a member of a particular racial or ethnic subgroup of Americans. Our...

The human nature of freedom and identity - we hold more than random thoughts.(Twenty-Fourth Federalist Society Student Symposium, Law and Freedom)
September 22, 2005... In contemplating the relation of freedom and identity, the Latin maxim libertas non datur sine veritate aptly reminds us that there can be no freedom without truth. While certain aspects of who we are, such as nationality or ethnic ancestry,...

Five theses on identity politics.(Twenty-Fourth Federalist Society Student Symposium, Law and Freedom)
September 22, 2005... The kind of freedom I want to address is the most vital kind: political freedom. By that I mean the summoning and exertion of energy to engage one another on matters of collective government. What I have in mind specifically is democratic...

News for the libertarians: the moral tradition already contains the libertarian premises.(Twenty-Fourth Federalist Society Student Symposium, Law and Freedom)
September 22, 2005... This is a discussion long overdue in our circles, for the libertarian temptation threatens to do for us what the lure of moral relativism and postmodernism has done for liberalism in our own day, which is to render liberalism incoherent. When...

Safety and freedom: common concerns for conservatives, libertarians, and civil libertarians.(Twenty-Fourth Federalist Society Student Symposium, Law and Freedom)
September 22, 2005... I am happy to address this Symposium, and to be a regular speaker at many Federalist Society forums. I always start such presentations by reminding all Federalist Society audiences of your organization's libertarian founding principles, which...

The virtues of preemptive deterrence.(Twenty-Fourth Federalist Society Student Symposium, Law and Freedom)
September 22, 2005... I. INTRODUCTION Although much about America's twenty-first-century foreign and defense policies seems to irritate its many critics, the so-called Bush Doctrine, announced in a series of speeches following the September 11, 2001, attacks...

Toward the framers' understanding of "advice and consent": a historical and textual inquiry.(Twenty-Fourth Federalist Society Student Symposium, Law and Freedom)
September 22, 2005... I. THE FRAMING AND RATIFICATION OF THE ADVICE AND CONSENT CLAUSE A. The Constitutional Convention 1. Appointment of Judges and Other Officers 2. Matters Related to Senate Advice and Consent B....

Ending the war on terrorism one terrorist at a time: a noncriminal detention model for holding and releasing Guantanamo Bay detainees.(Twenty-Fourth Federalist Society Student Symposium, Law and Freedom)
September 22, 2005... I. DETENTION AT GUANTANAMO: WHO, WHY, AND IN WHAT CONDITIONS? A. Al Qaeda B. The United States's Response to the Attacks C. Camp X-Ray and Camp Delta II. CRIMINAL LAW VERSUS THE LAW OF ARMED ...

Using information markets to improve public decision making.(Twenty-Fourth Federalist Society Student Symposium, Law and Freedom)
September 22, 2005... I. INTRODUCTION II. AN INTRODUCTION TO INFORMATION MARKETS III. GETTING BETTER INFORMATION FOR MAKING POLICY CHOICES A. A New Approach B. Extending the Framework C. The Potential for Improving Fairness ...

Against foreign law.(Twenty-Fourth Federalist Society Student Symposium, Law and Freedom)
September 22, 2005... In recent years, several Supreme Court Justices have looked to the decisions of foreign and international courts for guidance in interpreting the U.S. Constitution. This practice has occurred in several controversial, high-profile cases. Roper...

Imposing necessary boundaries on judicial discretion in ballot access cases.(Twenty-Fourth Federalist Society Student Symposium, Law and Freedom)(Case Note)
September 22, 2005... In recent years, when the Supreme Court has reviewed a state's regulation of political parties' ability to define their membership, it has done so under the framework of the First Amendment right to freedom of association. (1) Although the...

Placing unnecessary limits on voting and associational freedoms.(Twenty-Fourth Federalist Society Student Symposium, Law and Freedom)(Case Note)
September 22, 2005... The right to vote candidates of one's choice into office is at the core of representative democracy. The ability to organize on a large scale with willing groups of voters to elect a mutually desirable candidate is prerequisite to any enjoyment...

Paying for the sins of their users: liability and growing uncertainty in a digital age.(Twenty-Fourth Federalist Society Student Symposium, Law and Freedom)(Case Note)
September 22, 2005... Although space may represent the final frontier for man, the realm of cyberspace embodies an equally untamed wilderness. With more similarities to the Wild West than to a civilized modern society, (1) the Internet defies previously established...

Chasing finality: federal collateral relief.(Twenty-Fourth Federalist Society Student Symposium, Law and Freedom)(Case Note)
September 22, 2005... I. INTRODUCTION The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) provides the first statute of limitations on the filing of federal habeas corpus petitions by state defendants. (1) Persons in custody pursuant to a state...