Harvard Journal of Law and Public Policy

INTRODUCTION ....................................................... 952 I. LIBERTY AND EXTERNALTTLES-A COASEAN VIEW OF FREEDOM ................................................ 958 II. THE SUPREME COURT AND...

The invitation to speak at the 2010 Federalist Society National Lawyers Convention was especially meaningful to me as...

Those concerned with enumerated powers, the Tenth Amendment, and limited governance have many questions about current trends in...

Should a vote still count if cast for the wrong reason? More specifically, when citizens decide a legislative...

In the Gettysburg Address, President Lincoln declared ours a "government of the people, by the people, [and] for...

INTRODUCTION Imagine that Congress enacted a law under which the nation's bank presidents elect three people to serve...

I. SITUATING THE EQUAL PROTECTION PROBLEM: SEX DISCRIMINATION, PREGNANCY, AND ABORTION .............................................................. 896 A. Why the Equal Protection...

I. CURRENT CASE LAW ........................................... 1074 A. The Supreme Court's (Limited) Guidance ....................................................... 1074 B. Circuit Court Precedent...

Is Proposition 81 unconstitutional? This straightforward question is a very difficult topic to address, particularly because the entire...

In the past decade, we as Americans have faced new legal and political challenges to a unique degree....

INTRODUCTION Thirty-four is a magic number. A mathematician might explain that thirty-four is the smallest whole number greater...

The Second Amendment, which enshrined the right to keep and bear arms,1 has become one of the most...

Although the competition between the institutions of the judge and jury for power within the legal system is...