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).

An Essay on The Fed and the U.S. Treasury: Lender of Last Resort and Fiscal Policy – Hal S. Scott

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Download PDF An Essay on The Fed and the U.S. Treasury: Lender of Last Resort and Fiscal Policy Hal S. Scott[*]   Abstract This essay explores the evolution of my thinking on risky emergency lending to non-banks. Like the famous 19th century British economist Ricardo, who recognized his views on machinery had undergone considerable change, the same can be said for my views on lender of last resort.[†] The Fed, in the pandemic, engaged in lending with potentially significant credit risk. While it appeared to the public that these were...

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The Sturm und Drang of the CDC’s Home Eviction Moratorium – Paul J. Larkin

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Download PDF The Sturm und Drang of the CDC’s Home Eviction Moratorium Paul J. Larkin*   Damn the torpedoes! Full speed ahead! Admiral David Glasgow Farragut at the Battle of Mobile Bay, 1864¨   Introduction The pandemic that has roiled the globe since late in 2019 has begun to have the same effect on the law. Beginning in March 2020, Congress, former President Donald Trump, and current President Joe Biden have engaged in a pas de trois, taking turns directing the U.S. Centers for Disease Control and Prevention (CDC) to issue nationwide...

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Roe and Casey Were Grievously Wrong and should be Overruled – Cooper et al.

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Download PDF Roe and Casey Were Grievously Wrong and should be Overruled[1] Charles J. Cooper Richard W. Garnett Peter A. Patterson Brian W. Barnes John D. Ohlendorf   The Supreme Court of the United States has done much over the course of American history to protect and secure our constitutional system of government, but it has been far from infallible. This Article is about two of its worst mistakes. The history of how the Nation and the Court have together come to recognize past constitutional errors is an uneven one. It took the...

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Why Justice Blackmun’s Appeal to Roman Law to Justify Roe v. Wade is Wrong – Grzegorz Blicharz

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Download PDF Why Justice Blackmun’s Appeal to Roman Law to Justify Roe v. Wade is Wrong Grzegorz Blicharz     Struggling to root a constitutional right to abortion in some legal tradition, Roe v. Wade, 410 U.S. 113 (1973) made two deeply misleading claims. First, Justice Blackmun vaguely pointed to “[a]ncient attitudes,” ones “not capable of precise determination,” to claim that, in other places and times, “the Roman Era” endorsed abortion “without scruple.” Id. at 130. Second, the Court continued, “Greek and Roman law afforded little...

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Interview with Lael Weinberger

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Watch Harvard Journal of Law & Public Policy Editor-in-Chief Eli Nachmany’s interview with Lael Weinberger, the Olin-Searle-Smith Fellow in Law at Harvard Law School, here: Lael’s paper, Keep Distance Education for Law Schools: Online Education, the Pandemic, and Access to Justice, can be accessed here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3894382 Lael Weinberger is the Olin-Searle-Smith Fellow in Law at Harvard Law School. He was the Raoul Berger-Mark DeWolfe Howe Legal History Fellow at Harvard from 2019-20....

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Administrative Law Theory and Fundamentals: An Integrated Approach – Ilan Wurman

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Download PDF Administrative Law Theory and Fundamentals: An Integrated Approach Foundation Press 2021 By Ilan Wurman*     New casebooks can be hard to justify. Many legal doctrines and their canonical cases are well established. But few fields are more in need of fresh thinking than administrative law. My new casebook, Administrative Law Theory and Fundamentals: An Integrated Approach, newly out with Foundation Press, seeks to provide such thinking. To my knowledge, it is the only administrative law casebook with the words “theory”...

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Religious Accommodations in Housing after Bostock – Josh Halpern & David Yolkut

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Download PDF Religious Accommodations in Housing after Bostock Josh Halpern and David Yolkut The Supreme Court held in Bostock v. Clayton County that Title VII of the Civil Rights Act prohibits discrimination based on homosexuality or transgender status. Dozens of religious organizations, universities, and advocacy groups had warned the Court that a ruling for the employees would cast a cloud over religious freedom. The Court was thus careful to note that the Religious Freedom Restoration Act would offer a protective shield to those with...

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Is It Lawful to Use Regulation to Achieve Equity? – J. Kennerly Davis, Jr.

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Download PDF Is It Lawful to Use Regulation to Achieve Equity? Kennerly Davis, Jr. Upon taking office in January, President Biden moved immediately to turn the executive branch of the federal government in a dramatically different direction. In his first few weeks in office, he issued 37 executive orders, more than any recent president has in that period of time. These orders rescinded a wide variety of orders issued by President Trump dealing with immigration, energy and the environment, critical race theory, and other significant matters....

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Case Comment: Servotronics, Inc. v. Rolls-Royce PLC – Nick Cordova

Posted by on 9:48 am in Per Curiam | 0 comments

Download PDF Case Comment: Servotronics, Inc. v. Rolls-Royce PLC Nick Cordova   Textualist judges seek to interpret statutes objectively by using enacted text as an external source of constraint on their prior intellectual commitments and attitudes. They believe that statutory text provides objectively verifiable answers to most questions of interpretation. But the Seventh Circuit’s decision in Servotronics, Inc. v. Rolls-Royce PLC[1] illustrates that judges’ prior commitments and experiences can infect textualist analysis when judges do...

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Constitution Day Video: Wurman on Celebrating the Second Founding, and Confronting the Legacy of Slavery

Posted by on 9:26 am in Per Curiam | Comments Off on Constitution Day Video: Wurman on Celebrating the Second Founding, and Confronting the Legacy of Slavery

Happy Constitution Day. Check out this great discussion of the 14th Amendment and the “second founding” from Professor Ilan...

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