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 (firstname.lastname@example.org) or Chadwick Harper (email@example.com).
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 illustrates that judges’ prior commitments and experiences can infect textualist analysis when judges do...read more
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...read more
Download PDF Twenty-Third Amendment Problems Confronting District of Columbia Statehood Derek T. Muller* The 117th Congress is the latest to consider statehood for the District of Columbia, and prospects of statehood grow ever closer after the House of Representatives approved H.R. 51. The Senate is evenly divided, but a Democratic Vice President holds the potential tie-breaking vote, and filibuster reform remains a possibility. But there remains a problem facing statehood: the Twenty-Third Amendment. If the legislation succeeds,...read more
Download PDF Essay: The Twenty-Seventh Amendment: Meaning and Application GianCarlo Canaparo* & Paul J. Larkin, Jr.** Introduction By 2021, lawyers have become accustomed to giving the term “law” a host of different meanings depending on its source. A law had one meaning under pre-Norman law, when it was one of the set of unwritten traditions embraced by decentralized local tribes or the written “dooms” issued by various local chieftains. That term could take on a different meaning at English common law when Parliament was in...read more
Download as PDF Preface When the Harvard Journal of Law & Public Policy published its first edition, the opportunities to publish conservative legal scholarship at American law schools were essentially non-existent. In 1977, several classmates and I approached the Harvard Law School administration about starting a journal to publish and foster debate about conservative ideas, ideas conspicuously absent from the legal conversation we encountered in the classroom. The administration refused. They claimed that Harvard’s stable of student-run...read more
Download PDF An Introduction to JLPP: Per Curiam Eli Nachmany, Editor-in-Chief of the Harvard Journal of Law & Public Policy Alexander Khan, Director of JLPP: Per Curiam Since 1978, the Harvard Journal of Law & Public Policy has been America’s law journal—the premier forum for conservative and libertarian legal scholarship. Three times a year, JLPP’s subscribers find that small, iconic, crimson book in their mailboxes, featuring essays from top legal scholars, commentators, and public officials. Copies of JLPP have made their...read more
Celebrating Justice Clarence Thomas’s 30th Anniversary on the Supreme Court Symposium Foreword: Justice Thomas Joins the Supreme Court – Gregory G. Katsas Justice Thomas and Stare Decisis – Gregory E. Maggs Speaking Out on Justice Thomas – David R. Stras “Be Not Afraid” – James C. Ho Justice Thomas: Staunch Defender of Criminal Defendants’ Fifth and Sixth Amendments Rights – Liam P. Hardy and Margaret A. Ryan Saying What the Law Is, Justice Thomas Style – Neomi Rao What I Saw at the Daytona 500...read more
Download PDF What I Saw at the Daytona 500 Nicole Stelle Garnett* I had the incredible good fortune of serving as Justice Clarence Thomas’s law clerk during the Supreme Court’s October 1998 term. It was the most formative year of my life. My memories of the year—a year of learning lessons about life and the law, personal integrity and fortitude, formula racing and recreational vehicles (seriously)—remain a vivid mosaic seared forever in my heart and mind. I could not possibly do them justice in a short essay, so I offer instead a...read more
Download PDF Saying What the Law Is, Justice Thomas Style Hon. Neomi Rao* During his thirty years on the Supreme Court, Justice Clarence Thomas has profoundly impacted how we think about the separation of powers and, in particular, has illuminated how aspects of the administrative state contravene the Constitution’s text and structure. In this short essay, I focus on the Justice’s methodology for spurring doctrinal shifts. Many judges stay only on the surface of the law, accepting the status quo and what has built up over time. Justice...read more
Justice Thomas: Staunch Defender of Criminal Defendants’ Fifth and Sixth Amendments Rights – Liam P. Hardy and Margaret A. Ryan
Download PDF Justice Thomas: Staunch Defender of Criminal Defendants’ Fifth and Sixth Amendments Rights Liam P. Hardy[*] and Margaret A. “Meg” Ryan[†] In addition to receiving the incredible privilege of clerking for Justice Thomas, we have also both had the honor of serving as judges on the U.S. Court of Appeals for the Armed Forces (USCAAF). Others will recount the joys of clerking for Justice Thomas: suffice to say that it was an amazing year for both of us, and we were blessed to serve with this extraordinary man who believes in...read more