Harvard Journal of Law & Public Policy
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Originalism as a theory of legal change.
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The constitution and the courts: a question of legitimacy.
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Commentary: Some Thoughts and Questions About Federalism, and General Fundamental Law, As Regards History and Tradition in Constitutional Adjudication.
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History, Public Rights, and Article III Standing.
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Public choice theory and overcriminalization.
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Private property rights, economic freedom, and Professor Coase: a critique of Friedman, McCloskey, Medema, and Zorn.
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Judicial independence, judicial virtue, and the political economy of the constitution.
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What Democracy Is Not.
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Judicial review, local values, and pluralism.
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The Article V convention process and the restoration of federalism.
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The traditional view of Hamilton's Federalist No. 77 and an unexpected challenge: a response to Seth Barrett Tillman.
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Originalism, precedent, and judicial restraint.
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Marriage facts.
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The war power.
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The conservative influence of the Federalist Society on the Harvard Law School student body.
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Lawyers and truth-telling.
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The natural law challenge.
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Misunderstood precedent: Andrew Jackson and the real case against censure.
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THE CURE FOR AMERICA'S OPIOID CRISIS? END THE WAR ON DRUGS.
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Ending the war on terrorism one terrorist at a time: a noncriminal detention model for holding and releasing Guantanamo Bay detainees.
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The empty promise of behavioral antitrust.
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A Tale of Two Sweeping Clauses.
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Moral Markets: The Critical Role of Values in the Economy.
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A COASEAN APPROACH TO COST-BENEFIT ANALYSIS.
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Law's culture: conservatism and the American constitutional order.
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Preface.
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Legal Choices: The State Constitutionality of School Voucher Programs.
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In Remembrance of Barbara K. Olson.(Federalist Society member, September 11th victim)(Barbara Olson Memorial Lecture)
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Lopez, Morrison, and Raich: federalism in the Rehnquist Court.
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What is the government's role in promoting morals? ... Seriously?
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In defense of the exclusionary rule.
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What Is Caesar's, What Is God's: Fundamental Public Policy For Churches.
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Paying for the sins of their users: liability and growing uncertainty in a digital age.
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Two cheers, not three, for Sixth Amendment originalism.
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Originalism and the Constitution: does originalism always provide the answer?
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Enlightenment economics and the framing of the U.S. Constitution.
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Preface.
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Civil rights law enforcement: a time for healing.
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If racial desegration, then same-sex marriage? Originalism and the Supreme Court's Fourteenth Amendment.
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The redistricting cases: original mistakes and current consequences.
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Political Rivalries Among the States, Incommensurability, And the Dormant Commerce Clause.
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WITHER THE CONSUMER WELFARE STANDARD?(Federalist Society's 41st annual National Student Symposium, "The Federalists vs. the Anti-Federalists" held at the University of Virginia Law School on March 5, 2022.)(Antitrust laws
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THE ORIGINAL FEDERALIST THEORY OF IMPLIED POWERS.(Federalist Society's 41st annual National Student Symposium, "The Federalists vs. the Anti-Federalists" held at the University of Virginia Law School on March 5, 2022.)
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In defense of substantive due process, or the promise of lawful rule.
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Three Keys to the Original Meaning Of the Privileges or Immunities Clause.
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The case of the missing argument: the mysterious disappearance of international law from juvenile sentencing in Miller v. Alabama.
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A "plausible" explanation of pleading standards: Bell Atlantic Corp. v. Twombly.
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Comments on war.
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Justice Scalia's Eighth Amendment Jurisprudence: The Failure of Sake-of-Argument Originalism.
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EXTRICATING THE RELIGIOUS EXEMPTION DEBATE FROM THE CULTURE WARS.
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The federalis(m) society.
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THE DEATH OF COMMON LAW.
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The Prudent Judge.(The Jurisprudence of Justice Samuel Alito)
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Boycotts: A First Amendment History.
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U.S. security strategies: a legal assessment.
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Rethinking judicial activism and restraint in state school finance litigation.
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Discriminatory lawyers in a discriminatory bar: Rule 8.4(g) of the Model Rules of Professional Responsibility.
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Natural law.
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Preface.
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Right by precedent, wrong by RFRA: the "substantial burden" inquiry in Oklevueha Native American Church of Hawaii, Inc. v. Lynch.
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The Horseless Carriage of Constitutional Interpretation: Corpus Linguistics and the Meaning of "Direct Taxes" in Hylton v. United States.
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The Value of Dissent.
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Templates of American Democracy for the 21st Century: The Importance of Looking at American State Constitutions.
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Should we make crime impossible?
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Depoliticizing federalism.
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D.C. Circuit revives nondelegation doctrine ... or does it? American Trucking Associations, Inc. v. EPA.
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A retreat from decision by rule in Ashcroft v. Iqbal.
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Federalism and the Original Fourteenth Amendment.
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Counteracting Marbury: Using the Exceptions Clause to Overrule Supreme Court Precedent.
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The lonely death of public campaign financing.
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The fog of law: self-defense, inherence, and incoherence in article 51 of the United Nations Charter.
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What's the point of originalism?
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The problem of tort reform: federalism and the regulation of lawyers.
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A government of adequate powers.
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PREFACE.
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The paradox of administrative preemption.
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The newer textualism: Justice Alito's statutory interpretation.
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The Tenth Amendment among the shadows: on reading the constitution in Plato's Cave.
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Linguistic relativism and the decline of the rule of law.
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Avoiding Mead: the problem with unanimity in Long Island Care at Home, Ltd. v. Coke.
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Crony capitalism: right here, right now.
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The Federalist No. 48, the Separation of Powers, and "the Impetuous Vortex".
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Believing six improbable things: medical malpractice and "legal fear".
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THE DEMOCRATIC LIMITS OF INTERNATIONAL HUMAN RIGHTS LAW.(International Law and U.S. Foreign Policy)
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The financial crisis: moral failure or cognitive failure?
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Against foreign law.
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How Federalism Promotes Unity Through Diversity.
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Yes, Virginia (Tech), our government is one of limited powers.
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The nature and importance of liberty.
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Toward improved intellectual diversity in law schools.
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Samuel Alito's Conservativism - Burkean and American.(The Jurisprudence of Justice Samuel Alito)
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The ideological stakes of eliminating life tenure.
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Employment regulation and youth employment: a critical perspective.
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Concluding thoughts from Ada, Ohio.
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Government promotion of moral issues: gambling, smoking, and advertising.
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Judicial review of unenumerated rights: does Marbury's holding apply in a post-Warren court world?
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Close but no cigar: a reply to Professor Graglia.
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Limits of interpretivism.
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Incorporation by reference in an open-government age.
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The legality of the National Security Agency's bulk data surveillance programs.
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Introduction: The Jurisprudence of Justice Samuel Alito.
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Forms of originalism and the study of history.
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A MINISTERIAL EXCEPTION FOR ALL SEASONS: OUR LADY OF GUADALUPE SCHOOL V. MORRISSEY-BERRU.
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Federalism by jury in United States v. Fell.
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Rediscovering international law through dialogue rather than diatribe: reflections on an international legal conference in the aftermath of operation Iraqi freedom.
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Cleaning up 'the mess': the D.C. Circuit Court of Appeals and the burden of proof in the Guantanamo habeas cases.
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The court's missed opportunity to draw the line on partisan gerrymandering: Lulac v. Perry.
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Homeland: an essay on patriotism.
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LIQUIDATING THE INDEPENDENT STATE LEGISLATURE THEORY.(Federalist Society's 41st annual National Student Symposium, "The Federalists vs. the Anti-Federalists" held at the University of Virginia Law School on March 5, 2022.)
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Defining the court's role as faithful agent in statutory interpretation: Exxon Mobil Corp. v. Allapattah Services, Inc.
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Facilitating economic recovery and sustainable growth through reform of the securities class-action system: exploring arbitration as an alternative to litigation.
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The puzzle of Hamilton's Federalist No. 77.
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The outer limits of equity: a proposal for cautious expansion.
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Originalism and history: the case of Boumediene v. Bush.
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International adjudicators and judicial independence.
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Is the criminal process about truth?: A German perspective.
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Private property and the politics of environmental protection.
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Fiscal policy in an era of austerity.
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Clarifying the state action and Noerr exemptions.
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Originalism, conservatism, and judicial restraint.
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COMMENTS ON ASSAULT WEAPONS, THE RIGHT TO ARMS, AND THE RIGHT TO LIVE.
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SCALIA BEING SCALIA.
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Manliness and the constitution.
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May lawyers be given the power to elect those who choose our judges? "Merit selection" and constitutional law.
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American exceptionalism, the war on terror, and the rule of law in the Islamic world.
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The separation of people and state.
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Justice Alito's Free Speech Jurisprudence.(The Jurisprudence of Justice Samuel Alito)
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The Perils of Civil Asset Forfeiture.
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Quick Look Review as a New Path to Salvation: NCAA v. Alston.
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Don't mess with Texas judges: in praise of the state judiciary.
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Death, ethics, and the state.
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Why we cannot ask why: ethical independence and voter intent.
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The Obama administration's unprecedented lawlessness.
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The changing landscape of firearm legislation in the wake of McDonald v. City of Chicago.
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Preface.
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Section 702 and the collection of international telephone and Internet content.
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Preface.
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Preface.
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Five theses on identity politics.
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Preface.
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THE NECESSARY AND PROPER INVESTIGATORY POWER.
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Burying the Constitution under a TARP.
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Majoritarian democracy in a federalist system: the late Chief Justice Rehnquist and the First Amendment.
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A FOUNDER'S REFLECTION'S REFLECTIONS: THE JOURNAL AT FORTY YEARS.
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The Constitutionality of For-Cause Removal Protections for Inspectors General.
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Chevron's sliding scale in Wyeth v. Levine.
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National healthcare and American constitutional culture.
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Why conservatives, and others, have trouble supporting the meaningful enforcement of free exercise rights.
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What we can learn about human dignity from international law.
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COMMON GOOD ORIGINALISM: OUR TRADITION AND OUR PATH FORWARD.
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ADMINISTRATIVE DEFERENCE IN COLORADO.(Administrative Law in the States)
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Rewriting the terms: the contract clause and special-interest legislation in RUI One Corp. v. City Of Berkeley.
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Reflections on the twenty-fifth anniversary of the Harvard Journal of Law & Public Policy.
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An interpretive framework for narrower immunity under section 230 of the Communications Decency Act.
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The plain truth about legal truth.
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LEARNING FROM LABORATORIES OF LIBERTY.(administrative law reform)
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The World Trade Organization as a structure of liberty.
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"Revitalizing democracy": some caveats.
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Free and green: a new approach to environmental protection.
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The Proper Role of "Judicial Activism".
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THE SECOND AMENDMENT AND THE SPIRIT OF THE PEOPLE.
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Market rights and the rule of law: a case for procedural constitutionalism.
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The spending power after NFIB v. Sebelius.
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The reduction of systemic risk in the United States financial system.
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De facto class actions? Plaintiff- and defendant-oriented injunctions in voting rights, election law, and other constitutional cases.
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THE SICKNESS UNTO DEATH OF THE FIRST AMENDMENT.
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Religious liberty and human dignity: a tale of two declarations.
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Speaking up for marriage.
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Freedom and equality in market exchange: some natural law reflections.
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The choice between Madison and FDR.
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The symbiosis of constitutionalism and technology.
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The anti-casual justice.
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The War on Terrorism and the modern relevance of the congressional power to "declare war".
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Does the state create the market - and should it pursue efficiency?
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Are Criminals Bad or Mad? Premeditated Murder, Mental Illness, and Kahler v. Kansas.
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Prospective injunctive relief and class settlements.
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Economic freedoms and the constitution.
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Power to the voters.
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Building on Executive Order 13,636 to encourage information sharing for cybersecurity purposes.
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The origins and meaning of "vacancies that may happen during the recess" in the Constitution's recess appointments clause.
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Davey's plea: Blaine, Blair, Witters, and the protection of religious freedom.
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Fourteenth Amendment unenumerated rights jurisprudence: an essay in response to Stenberg v. Carhart.
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The genome and the law: should increased genetic knowledge change the law?
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Interpretation and construction: originalism and its discontents.
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Toward a basal Tenth Amendment: a riposte to national bank preemption of state consumer protection laws.
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Good history, good law (and by coincidence good policy too: Granholm v. Heald.
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The Powers of War and Peace: The Constitution and Foreign Affairs after 9/11.
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The freedom to fail: market access as the path to overcoming poverty and inequality.
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Federalism and faith redux.
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The antidiscrimination Eighth Amendment.
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People (not equal to) legislature.
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CAMPAIGN FINANCE AND FREE SPEECH: FINDING THE RADICALISM IN CITIZENS UNITED V. FEC.
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Sixth Amendment Federalism.
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Truth, justice, and the jury.
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Ending the zero-sum game: how to increase the productivity of the Fourth Amendment.
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The limits of international law in protecting dignity.
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Unjustly usurping the parental right: Fields v. Palmdale School District.
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Slouching Towards Gomorrah: Modern Liberalism and American Decline.
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Advising the president: the growing scope of executive power to protect America.
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Eminent domain after Kelo v. City of New London: an argument for banning economic development takings.
