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).

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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Carson v. Makin and the Relativity of Religious Neutrality – Lael Weinberger

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Download PDF Carson v. Makin and the Relativity of Religious Neutrality Lael Weinberger[1] For years, religious education has produced controversies about law and religion. On the one hand, government support for or endorsement of religious education was the paradigm case for Establishment Clause violations in the mid-twentieth century.[2] On the other hand, government discrimination against religious believers on the basis of their faith has long been a paradigm case for a Free Exercise violation.[3] The Supreme Court has taken many cases in...

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Antitrust and Modern U.S. Labor Markets: An Economics Perspective – Diana Furchtgott-Roth

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Download PDF Antitrust and Modern U.S. Labor Markets: An Economics Perspective Diana Furchtgott-Roth[1] Among the most high-profile initiatives of the Federal Trade Commission (FTC) during the Biden Administration has been a focus on using antitrust law to address issues relating to economic inequality, specifically the role that corporate mergers purport to play in undermining labor market competition, and in turn harming workers.[2] Proponents of the FTC’s current approach appeal to academic analysis in support of their argument.[3]  We...

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Religious Autonomy in Carson v. Makin – Nick Reaves

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Download PDF Religious Autonomy in Carson v. Makin By Nick Reaves[1] In Carson v. Makin, the Supreme Court confirmed that excluding only “sectarian” religious schools from its tuition aid program violated the “unremarkable” constitutional principle of religious neutrality—that one religion cannot be preferred to another.[2] But court watchers who view this case as the simple application of prior precedent may have missed one of its most important points: its embrace of church autonomy principles in the government funding context. To help...

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Update: Why the Equal-Protection Case for Abortion Rights Rises or Falls with Roe’s Rationale – Sherif Girgis

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Download PDF Update: Why the Equal-Protection Case for Abortion Rights Rises or Falls with Roe’s Rationale Sherif Girgis[1] Editor’s Note: This is an update to an earlier Per Curiam post by the same author. See Sherif Girgis, Why the Equal-Protection Case for Abortion Rights Rises or Falls with Roe’s Rationale, 2022 Harv. J.L. & Pub. Pol’y Per Curiam 13, available at https://www.harvard-jlpp.com/2451-2/. The original post was written in response to the leaked draft opinion in Dobbs v. Jackson Women’s Health Organization; this...

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What Originalism Must Take from the Common Good – Jameson M. Payne

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Download PDF What Originalism Must Take from the Common Good Jameson M. Payne* I. Introduction On May 29th, 1919, British researchers operating out of Principe and Sobral, Brazil, tested a simple proposition: whether, during that day’s total eclipse, the light of stars proximate to the sun would be deflected, thus distorting their observed position in the night sky. The proposition was proven correct, and, in November of 1919, the results were reported in global news. The British researchers were Sir Arthur Eddington and Sir Frank Watson...

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JLPP Publishes Issue 2 of Volume 45’s Print Edition – JLPP Staff

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JLPP Publishes Issue 2 of Volume 45’s Print Edition JLPP Staff The Harvard Journal of Law & Public Policy is proud to share Issue 2 of Volume 45’s print edition, just posted today. This Issue begins with an essay from U.S. Senator Kevin Cramer of North Dakota on federalism and environmental policy. Next up is an adapted version of Theodore Olson’s remarks at the 2021 Federalist Society National Lawyers Convention in remembrance of his late wife Barbara Olson. We are also thrilled to share two articles — one by Professor...

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Lemon on the Chopping Block: The Establishment Clause Implications of Shurtleff v. City of Boston – Daniel D. Benson

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Download PDF Lemon on the Chopping Block: The Establishment Clause Implications of Shurtleff v. City of Boston Daniel D. Benson[1] The Supreme Court’s recent decision in Shurtleff v. City of Boston is formally about the First Amendment’s “government speech” doctrine. The root of the dispute, however, is not primarily Boston’s disdain for free speech but a misunderstanding of the Establishment Clause and continued reliance on the Lemon test. Over the last four decades, the Supreme Court has repeatedly protected religious speech and emphasized...

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