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).

Justice Alito’s Question – Stephanie Nicole Miller and Mary Kay Bacallao

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Download PDF Justice Alito’s Question “Can it be said that the right to abortion is deeply rooted in the history and traditions of the American people?” Corpus linguistic evidence suggests the answer is “No.”   Stephanie Nicole Miller, J.D. (December 2022) Mary Kay Bacallao, Ed. D, J.D.[1]   THE QUESTION During oral argument in Dobbs v. Jackson Women’s Health[2] on December 1, 2021, Justice Samuel Alito asked this question of Julie Rikelman, counsel for Jackson Women’s Health: “[C]an it be said that the right to abortion is deeply...

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Argument By Slogan – Conor Casey and Adrian Vermeule

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Download PDF Argument By Slogan Conor Casey and Adrian Vermeule[1]   When law professors try to write judicial opinions, even as a pedagogical exercise, the results are decidedly mixed, especially when the effort is derivative of a great original.[2] When sitting judges try to write legal theory, the same is true. The occupational hazards for the judge-turned-occasional-theorist are that the necessary concepts and background knowledge, mapped out by intellectual pioneers, are half-remembered and hazily defined; that the judge unwittingly...

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The Unconstitutionality of Unfinished Receiver Bans – Jamie G. McWilliam

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Download PDF The Unconstitutionality of Unfinished Receiver Bans Jamie G. McWilliam[1]   Introduction There is a long and storied tradition in the United States of privately manufacturing firearms. In fact, at the time of the founding, there were no large-scale firearm manufacturers. Rather, prospective firearm purchasers would either have to make the weapon themselves or find a blacksmith to create a one-off firearm for them.[2] Private firearms were very precise—much more so than what governments could typically afford to provide for...

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Regulatory Certainty: A Flight of Fancy for the Migratory Bird Treaty Act – Garrett Kral

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Download PDF Regulatory Certainty: A Flight of Fancy for the Migratory Bird Treaty Act Garrett Kral*   The MBTA’s statutory provisions “have been the subject of repeated litigation and diametrically opposed opinions of the Solicitors of the Department of the Interior.”[1]   Introduction  The United States Department of the Interior’s interpretation of the Migratory Bird Treaty Act (MBTA, or the Act)[2] has varied during the Obama, Trump, and now Biden administrations.[3] Central to this variance is a dispute over statutory...

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Corporate Bankruptcy Gets A Shakedown From Mass Tort Trial Lawyers – Lawrence A. Friedman

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Download PDF Corporate Bankruptcy Gets A Shakedown From Mass Tort Trial Lawyers Lawrence A. Friedman[1]   The U.S. corporate reorganization process is, at its core, about restructuring in a manner that maximizes corporate value and then redistributes that value efficiently to creditors of all types (employees, bondholders, etc.), thus staving off liquidation.  The corporate bankruptcy system does this reasonably well.  Insurance companies, the debtor, creditors and sometimes principals of the debtor come together to chart a course...

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JLPP Publishes Issue 1 of Volume 45’s Print Edition – JLPP Staff

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JLPP Publishes Issue 1 of Volume 45’s Print Edition JLPP Staff The Harvard Journal of Law & Public Policy is proud to share Issue 1 of Volume 45’s print edition, just posted today. This Issue begins with five essays from the 2021 Federalist Society National Student Symposium, held at Penn Law School. Senator Mike Lee’s Keynote Address to the Symposium starts off the Symposium portion of the Issue, followed by essays from Dean Ron Cass and Professors Oona Hathaway, John McGinnis, and John Yoo. After the Symposium essays, the Issue includes...

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Adam J. White and Kermit Roosevelt III on the Supreme Court Commission

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Harvard Journal of Law and Public Policy: Per Curiam is pleased to present two essays from Adam White and Kermit Roosevelt on their thoughts and role on President Biden’s Supreme Court Commission. Each essay explores the nature of the Commission and why the authors took the positions they did. While the authors came out on different sides of the issues, these pieces offer a unique glimpse into the Commission’s work and the place of the Court in our Constitutional Republic. Adam J. White – The Supreme Court Fights are Really About...

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The Supreme Court Fights are Really About the Senate – Adam J. White

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Download PDF The Supreme Court Fights are Really About the Senate Adam J. White[1]   As its name suggests, President Biden’s Commission on the Supreme Court of the United States centered on debates surrounding the Supreme Court. But throughout my service on the commission, I was reminded time and again that political fights about the Court are, at a deeper level, constitutional fights about the Senate. It is rather fitting to find myself writing about the Court, the Senate, and the Court Commission in the Harvard Journal of Law &...

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Court Reform and the Biden Commission – Kermit Roosevelt III

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Download PDF Court Reform and the Biden Commission Kermit Roosevelt III   The Biden Supreme Court Reform Commission and its report have been criticized by both the right and the left. That might be a sign that it performed its job in a bipartisan way—which I think it did. But it also might be a sign that people on both sides misunderstand the nature of the commission and the report. So here I want to try to explain them, and also add my personal views, based on my experience as a Commissioner. First, some people criticized the commission...

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Lies and the Father of Lies – Charles Fried

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Download PDF Lies and the Father of Lies Charles Fried The pandemic deprived me of the pleasure of roaming the halls of Harvard Law School and chatting with my colleagues. The time saved allowed me to do some reading I somehow had never got to. One of the treasures I uncovered was Milton’s Paradise Lost.  I am not now a religious person. I am, however, a believer in objective standards of right and wrong, in truth and the reality of love and generosity, and in beauty as the order which comes—often as a surprise—out of these. I turned to...

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