Harvard Journal of Law & Public Policy
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Perpetuating "one person, one vote" errors.
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Clear statement rules and executive war powers.
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Preface.
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Advising the president: the growing scope of executive power to protect America.
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Half-cocked: the regulatory framework of short-barrel firearms.
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Good history, good law (and by coincidence good policy too: Granholm v. Heald.
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Judicial independence, judicial virtue, and the political economy of the constitution.
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OF BRUTAL MURDER AND TRANSCENDENTAL SOVEREIGNTY: THE MEANING OF VESTED PRIVATE RIGHTS.
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John Adams, Legal Representation, and the "Cancel Culture".
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Toward a basal Tenth Amendment: a riposte to national bank preemption of state consumer protection laws.
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In praise of Supreme Court filibusters.
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Machinegunning reason: sentencing factors and mandatory minimums in United States v. O'Brien.
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Should we make crime impossible?
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The return of classical political question doctrine in Zivotofsky ex rel. Zivotofsky V. Clinton.
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Chevron's sliding scale in Wyeth v. Levine.
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Imperfect minimalism: unanswered questions in Hall Street Associates, L.L.C. v. Mattel, Inc.
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Justice Alito on Criminal Law.(The Jurisprudence of Justice Samuel Alito)
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Being honest about being honest agents.
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Voting with your feet is no substitute for constitutional rights.
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Constituting the Constitution: understanding the American Constitution through the British cultural Constitution.
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The Constitution follows the drone: targeted killings, legal constraints, and judicial safeguards.
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OVERBROAD INJUNCTIONS AGAINST SPEECH (ESPECIALLY IN LIBEL AND HARASSMENT CASES).
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State law claims and Article III in Stern v. Marshall, 131 S. Ct. 2594 (2011).
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Are States Protecting Economic Liberty?
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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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Jurisdictional Avoidance: Rectifying the Lower Courts' Misapplication of Steel Co.
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Why I will never be a Keynesian.
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National security and the rule of law.
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Viva conditional federal spending!(The Thirty-Second Annual Federalist Society National Student Symposium: The Federal Leviathan: Is There Any Area of Modern Life to Which Federal Government Power Does Not Extend?)
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Immigration, freedom, and the Constitution.
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"Your raisins or your life": the harrowing of the takings clause in Horne v. U.S. Department of Agriculture.
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Bulk metadata collection: statutory and constitutional considerations.
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The retroactive and prospective application of judicial decisions.
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Assessing regulatory impact analyses: the failure of agencies to comply with Executive Order 12,866.
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The president's pen and the bureaucrat's fiefdom.
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Preface.
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The lonely death of public campaign financing.
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The Declaration of Independence: No Special Role in Constitutional Interpretation.
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PREFACE.
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State attempts to define religion: the ramifications of applying mandatory prescription contraceptive coverage statutes to religious employers.
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Stopping time: the pro-slavery and "irrevocable" thirteenth amendment.
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Originalism and precedent.
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Dobbs and the Originalists.
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An empirical analysis of life tenure: a response to professors Calabresi & Lindgren.
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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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PREFACE.
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The use and abuse of foreign law in constitutional interpretation.
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The Constitutional Bedrock of Due Process.
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Preface.
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The paradox of administrative preemption.
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Are Criminals Bad or Mad? Premeditated Murder, Mental Illness, and Kahler v. Kansas.
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Merit selection: choosing judges based on their politics under the veil of a disarming name.
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THE FUTURE OF JUDICIAL DEFERENCE TO THE COMMENTARY OF THE UNITED STATES SENTENCING GUIDELINES.
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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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Restricting experimental use.
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Fiscal policy in an era of austerity.(Age of Austerity)
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CONSTITUTIONAL AVOIDANCE, SEVERABILITY, AND A NEW ERIE MOMENT.
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The puzzle of Hamilton's Federalist No. 77.
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A blessing in disguise: protecting minority faiths through state religious freedom non-restoration acts.
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Protecting prenatal persons: does the Fourteenth Amendment prohibit abortion?
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Corralling capture.(The Thirty-First Annual Federalist Society National Student Symposium: Bureaucracy Unbound: Can Limited Government and the Administrative State Co-Exist?)
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Fourteenth Amendment unenumerated rights jurisprudence: an essay in response to Stenberg v. Carhart.
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Patentable subject matter in Bilski v. Kappos.
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In Remembrance of Barbara K. Olson.(Federalist Society member, September 11th victim)(Barbara Olson Memorial Lecture)
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ADMINISTRATIVE LAW IN THE STATES: AN INTRODUCTION TO THE SYMPOSIUM.
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The Value of Dissent.
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Preface.
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Freedom of speech and true threats.
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The other way to amend the constitution: the article v. constitutional convention amendment process.
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Economic uncertainty, the courts, and the rule of law.(Annual Federalist Society National Student Symposium)
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Can technological innovation survive government regulation?
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In defense of substantive due process, or the promise of lawful rule.
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Threats in the line of duty: police officers and the First Amendment in State v. Valdivia and Connecticut v. Deloreto.
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Intellectual hazard: how conceptual biases in complex organizations contributed to the crisis of 2008.
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President Obama and the framers' presidency.(The Thirty-First Annual Federalist Society National Student Symposium: Bureaucracy Unbound: Can Limited Government and the Administrative State Co-Exist?)
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In defense of the exclusionary rule.
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SURROGACY AND LIMITATIONS TO FREEDOM OF CONTRACT: TOWARD BEING MORE FULLY HUMAN.
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Ending the zero-sum game: how to increase the productivity of the Fourth Amendment.
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Pre-"originalism".
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Modern environmentalists overreach: a plea for understanding background common law principles.(The Thirty-Second Annual Federalist Society National Student Symposium: The Federal Leviathan: Is There Any Area of Modern Life to Which Federal Government Power Does Not Extend? )(response to article by Lynn E. Blais in this issue, p. 13)
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Tension Between Constitutional Meaning and Constitutional Construction.
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Pragmatism's role in interpretation.
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Observations from above: unmanned aircraft systems and privacy.
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The case for promoting democracy through export control.
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The argument for a new and flexible authorization for the use of military force.
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The Prudent Judge.(The Jurisprudence of Justice Samuel Alito)
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The "Bush doctrine": can preventive war be justified?
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The Patient Protection and Affordable Care Act and the breadth and depth of federal power.
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The rule of law and the inevitability of discretion.
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Law's culture: conservatism and the American constitutional order.
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Clarifying the state action and Noerr exemptions.
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The uneasy case for intellectual diversity.(Intellectual Diversity and the Legal Academy)
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THE CICERONIAN ORIGINS OF AMERICAN LAW AND CONSTITUTIONALISM.
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The state and the networked economy.
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The perilous position of the rule of law and the administrative state.
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THE DEATH OF COMMON LAW.
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Everything I need to know about presidents I learned from Dr. Seuss.
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Biological terrorism: legal measures for preventing catastrophe.
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Educating the disadvantaged - two models.
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The empty promise of behavioral antitrust.
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GAWKING LEGALLY.
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UNASHAMED OF THE GOSPEL OF JESUS CHRIST: ON PUBLIC POLICY AND PUBLIC SERVICE BY EVANGELICALS.
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If racial desegration, then same-sex marriage? Originalism and the Supreme Court's Fourteenth Amendment.
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'ASSAULT WEAPON' BANS: UNCONSTITUTIONAL LAWS FOR A MADE-UP CATEGORY OF FIREARMS.
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Drone on: the commander in chief power to target and kill Americans.
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Are originalist constitutional theories principled, or are they rationalizations for conservatism?
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American exceptionalism, the war on terror, and the rule of law in the Islamic world.
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Preface.
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The Elevation of Reality over Restraint in Dobbs v. Jackson Women's Health Organization.
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Lawyers as the enemies of truth. .
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Preface.
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The Declaration of Independence and the American Theory of Government: "First Come Rights, and Then Comes Government".
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The regulatory authority of the Treasury Department to index capital gains for inflation: a sequel.
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"Play in the joints": the struggle to define permissive accommodation under the First Amendment.
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CAMPAIGN FINANCE AND FREE SPEECH: FINDING THE RADICALISM IN CITIZENS UNITED V. FEC.
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A new architecture of commercial speech law.
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Justices in the jury box: video evidence and summary judgment in Scott v. Harris.
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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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Why conservatives, and others, have trouble supporting the meaningful enforcement of free exercise rights.
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GEORGIA JUDICIAL DEFERENCE TO EXECUTIVE BRANCH AGENCY LEGAL INTERPRETATIONS.(Administrative Law in the States)
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Burying the Constitution under a TARP.
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Originalism, precedent, and judicial restraint.
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A FOUNDER'S REFLECTION'S REFLECTIONS: THE JOURNAL AT FORTY YEARS.
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Achieving equal treatment through the ballot box.
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ADMINISTRATIVE DEFERENCE IN COLORADO.(Administrative Law in the States)
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Hosanna-Tabor and the ministerial exception.
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Ending our anti-union federal employment policy.
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Deconstructing nondelegation.
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The consequences of enlisting federal grand juries in the war on terrorism: assessing the USA Patriot Act's changes to grand jury secrecy.
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The human nature of freedom and identity - we hold more than random thoughts.
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The making of a new copyright Lockean.
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History, Public Rights, and Article III Standing.
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Preface.
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The court's missed opportunity to draw the line on partisan gerrymandering: Lulac v. Perry.
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International adjudicators and judicial independence.
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Market rights and the rule of law: a case for procedural constitutionalism.
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Free and green: a new approach to environmental protection.
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Public choice theory and overcriminalization.
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THE SICKNESS UNTO DEATH OF THE FIRST AMENDMENT.
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The World Trade Organization as a structure of liberty.
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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 Powers of War and Peace: The Constitution and Foreign Affairs after 9/11.
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The reduction of systemic risk in the United States financial system.
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Speaking up for marriage.
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The plain truth about legal truth.
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Enlightenment economics and the framing of the U.S. Constitution.
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LEARNING FROM LABORATORIES OF LIBERTY.(administrative law reform)
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The spending power after NFIB v. Sebelius.
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What Democracy Is Not.
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THE WEDDING-VENDOR CASES.
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The use of international law in judicial decisions.
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Truth, justice, and the jury.
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Public choice theory and occupational licensing.
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The regulatory turn in IP.(intellectual property)(The Thirty-First Annual Federalist Society National Student Symposium: Bureaucracy Unbound: Can Limited Government and the Administrative State Co-Exist?)
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The Antitrust Paradox: A Policy at War with Itself.
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The Obama administration's unprecedented lawlessness.
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Preface.
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The slow, just, unfinished demise of the Buckley compromise: Randall v. Sorrell.
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Rules versus standards in City of Arlington v. FCC.
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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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Contractual solutions for employment law problems.
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Why non-originalism does not justify departing from the original meaning of the recess appointments clause.
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Alexander Hamilton, the Nondelegation Doctrine, and the Creation of the United States.
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Responding to agency avoidance of OIRA.(Office of Information and Regulatory Affairs)(Introduction through II. Agency Avoidance C. A Broader Typology of Potential Avoidance Tactics 1. Understating Impact or Splitting an "Economically Significant" Rule into Smaller Rules, p. 447-485)(The Conflict Between Executive Discretion and the Rule of Law)
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Misunderstood precedent: Andrew Jackson and the real case against censure.
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Removing corporate campaign finance restrictions in Citizens United v. Federal Election Commission.
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How Federalism Promotes Unity Through Diversity.
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The freedom to fail: market access as the path to overcoming poverty and inequality.
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Observations from above: unmanned aircraft systems and privacy.
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Reviving Teague's "Watershed" Exception.
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Norm change or judicial decree? The courts, the public, and welfare reform.
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LEVEL-UP REMEDIES FOR RELIGIOUS DISCRIMINATION.
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Federalism as a discovery process and a catalyst for humility.(Annual Federalist Society National Student Symposium)
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'Anything but Bush?': the Obama administration and Guantanamo Bay.
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What is an International Rule of Law?
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Morality in Eighth Amendment jurisprudence.
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Just peace and the asymmetric threat: national self-defense in uncharted waters.
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DUE PROCESS & THE STANDING DOCTRINE.
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CITIZENSHIP AND SOLICITUDE: HOW TO OVERRULE EMPLOYMENT DIVISION V. SMITH AND WASHINGTON V. DAVIS.
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The Constitutionality of For-Cause Removal Protections for Inspectors General.
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Religion, the public square, and the presidency.
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EFFORTS TO STOP HUMAN TRAFFICKING.
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Is originalism too conservative?
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Federalism on ice: state and local enforcement of federal immigration law.
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STRUCTURAL TEXTUALISM AND MAJOR QUESTIONS.
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The "Common Good" in Hungarian Judicial Interpretation: Footnotes for American Debates on Common Good Constitutionalism.(Common Good Constitutionalism)
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The virtues of preemptive deterrence.
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Our broken judicial confirmation process and the need for filibuster reform.
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Originalism and economic analysis: two case studies of consistency and coherence in Supreme Court decision making.
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IRRECONCILABLE DIFFERENCES? WHOLE WOMAN'S HEALTH, GONZALES, AND JUSTICE KENNEDY'S VISION OF AMERICAN ABORTION JURISPRUDENCE.
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Duty or dignity? Competing approaches to the free exercise rights of for-profit corporations.
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Compulsory process in cyberspace: rethinking privacy in the social networking age.
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Faith-based initiative 2.0: the Bush faith-based and community initiative.
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The unknown achievements of Justice Scalia.(Supreme Court Justice Antonin Scalia)
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Oversight of regulated political markets.
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Originalism and stare decisis.
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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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Elections across the pond: comparing campaign finance regimes in the United States and United Kingdom.
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The federalis(m) society.
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Textualism and the presumption of reasonable drafting.
