The Roundtable

Welcome to the Roundtable, JLPP’s online blog featuring student commentary on current cases and legal developments!

If you are interested in becoming a Staff Writer or Contributing Writer for the Roundtable, e-mail Notes Editors Kyle Reynolds (mreynolds@jd18.law.harvard.edu) or Chadwick Harper (charper@jd19.law.harvard.edu).

JLPP Publishes Issue 3 of Volume 45’s Print Edition — JLPP Staff

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JLPP Publishes Issue 3 of Volume 45’s Print Edition JLPP Staff The Harvard Journal of Law & Public Policy is happy to share Issue 3 of Volume 45’s print edition, just posted today. This Issue begins with an Essay from Professor Chris Walker, proposing a Congressional Review Act for the “major questions doctrine”. Next up are two Articles on delegation of government power. The first, written by Professor Aditya Bamzai, discusses a speech given by Alexander Hamilton that may have some bearing on delegation and original meaning....

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Judging Titles – Judge Benjamin Beaton

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Judging Titles – Judge Benjamin Beaton

Download PDF Judging Titles Benjamin Beaton* Editor’s Note: This is the first installment in JLPP: Per Curiam’s series titled Obiter Dicta, which will feature speeches and other works by judges from across the country. * * * The text below is modified slightly, for clarity and non-concision, from an address delivered at the investiture of Judge Benjamin Beaton on May 20, 2022, at The Palace Theatre in Louisville, Kentucky. Consistent with Judge Beaton’s advice to members of the bar, this abridgement omits a platitudinous litany of humble...

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Originalism as Intellectual History – Elias Neibart

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Originalism as Intellectual History – Elias Neibart

Download PDF Originalism as Intellectual History Elias Neibart* If the majority opinions in Dobbs and Bruen[1] taught us one thing it is that the Supreme Court’s originalist jurists remain deeply committed to the practice of history. Throughout its last term, the Court often surveyed the literature and law of the past to address modern life’s most pressing constitutional questions. So, if judges are to take on the mantle of history, what form should their historical inquiry take? Just as different schools of jurisprudential thought produce...

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A Little-Noted Puzzle in Religion Law, post-Bremerton – Gabrielle Girgis

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A Little-Noted Puzzle in Religion Law, post-Bremerton – Gabrielle Girgis

Download PDF A Little-Noted Puzzle in Religion Law, post-Bremerton Gabrielle Girgis* With Kennedy v. Bremerton School District,[1] the Supreme Court finally drove the last nail in the coffin of the Lemon[2] test for Establishment Clause violations (as Justice Scalia said it should do years ago[3]).[4] Over several decades, the Lemon test’s importance had dwindled to the point of having been de facto reversed.[5] But the Court’s hesitance to explicitly overturn that precedent had allowed lower courts to continue drawing on it, as recently as...

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JLPP: Per Curiam—The Past Year and the Year Ahead – Ari Spitzer & Mario Fiandeiro

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JLPP: Per Curiam—The Past Year and the Year Ahead – Ari Spitzer & Mario Fiandeiro

Download PDF JLPP: Per Curiam—The Past Year and the Year Ahead Ari Spitzer* & Mario Fiandeiro** Last year, the Harvard Journal of Law & Public Policy kicked off its forty-fifth volume by launching JLPP: Per Curiam, an online counterpart to complement the three print editions that JLPP produces annually. Per Curiam was designed to fill a gap in the world of legal academia by creating a forum for conservative and libertarian legal scholarship to be published contemporaneously with developments in the legal and political spheres. Without...

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A Symposium on Regulatory Budgeting

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A Symposium on Regulatory Budgeting

Download PDF Harvard Journal of Law & Public Policy Per Curiam A Symposium on Regulatory Budgeting Table Of Contents   Sen. James Lankford, For a Regulatory Budget: Successful Policies Should Be Made Permanent ……….2   James Broughel, The  Regulatory Budget In Theory And Practice: Lessons From The U.S. States ……….11   Laura Jones & Patrick A. McLaughlin, Measurement Options for Regulatory Budgeting ……….……43   Andrea Renda, Regulatory Budgeting: Inhibiting or Promoting Better Policies? ……….……….……….61   Anthony P. Campau, Regulatory...

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NYSRPA v. Bruen: A Supreme Court Victory for the Right to Keep and Bear Arms—and a Strong Rebuke to “Inferior Courts” – Mark W. Smith

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NYSRPA v. Bruen: A Supreme Court Victory for the Right to Keep and Bear Arms—and a Strong Rebuke to “Inferior Courts” – Mark W. Smith

Download PDF NYSRPA v. Bruen: A Supreme Court Victory for the Right to Keep and Bear Arms—and a Strong Rebuke to “Inferior Courts” Mark W. Smith[1] On June 23, 2022, the U.S. Supreme Court decided its first Second Amendment firearms case in over a decade. Its decision is enormously consequential—and highly encouraging for those who wish to see the individual right to keep and bear arms enforced according to its text. Building on District of Columbia v. Heller[2] and McDonald v. Chicago,[3] the Court held in New York State Rifle & Pistol...

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Implicit Rejection of Massachusetts v. EPA: The Prominence of the Major Questions Doctrine in Checks on EPA Power – Frances Williamson

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Download PDF Implicit Rejection of Massachusetts v. EPA: The Prominence of the Major Questions Doctrine in Checks on EPA Power Frances Williamson* Over the past four decades, many landmark administrative law cases have involved challenges to environmental agency action.[1] Environmental regulation exemplifies the tensions within the administrative state: unelected agencies tackle highly technical problems with pervasive nationwide effects that impact industries and individuals alike. The Court’s recent decision in West Virginia v....

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Berger v. North Carolina State Conference of the NAACP: A Victory for Federalism and State Autonomy – David Thompson

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Download PDF Berger v. North Carolina State Conference of the NAACP: A Victory for Federalism and State Autonomy David Thompson[1] In a term defined by landmark opinions and culture war fodder, an eight to one Supreme Court opinion concerning a state legislature’s right to intervene may seem unremarkable. Indeed, in comparison to Dobbs,[2] Bruen,[3] and West Virginia,[4] the opinion in Berger[5] received little attention. The commentariat did not, this time, clutch their pearls and breathlessly wail about the demise of democracy. But for...

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Kennedy v. Bremerton School District: The Final Demise of Lemon and the Future of the Establishment Clause – Daniel L. Chen

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Download PDF Kennedy v. Bremerton School District: The Final Demise of Lemon and the Future of the Establishment Clause Daniel L. Chen[1] Nearly three decades ago, Justice Scalia famously lamented that the much-maligned test from Lemon v. Kurtzman[2] remained binding precedent: “Like some ghoul in a late-night horror movie that repeatedly sits up in its grave and shuffles abroad, after being repeatedly killed and buried, Lemon stalks our Establishment Clause jurisprudence.”[3] This past June, in Kennedy v. Bremerton School District, the...

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