Welcome to the Roundtable, JLPP’s online blog featuring student commentary on current cases and legal developments!
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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...read more
Download PDF The Supreme Court Fights are Really About the Senate Adam J. White 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 &...read more
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...read more
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...read more
Medical Marijuana Permits and Concealed Weapons Permits: When One Right Impacts Another – Jonathan A. McGowan
Download PDF Medical Marijuana Permits and Concealed Weapons Permits: When One Right Impacts Another Jonathan A. McGowan, Esq. The decriminalization of an action is never as simple as a single piece of legislation. It is a long, slow evolving process, with each step revealing a new problem which must be solved. The legalization of medical marijuana on the state level has created a number of complex legal issues relating to the conflicts between state decriminalization and existing federal law. Addressed here is the impact of medical...read more
Who Decides? Depends on What the Federal Government Allows – Clark L. Hildabrand & Ross C. Hildabrand
Download PDF Who Decides? Depends on What the Federal Government Allows Clark L. Hildabrand & Ross C. Hildabrand The familiar adage reminds us not to judge a book by its cover. But the contrast between the cover for this book, Who Decides? States as Laboratories of Constitutional Experimentation, and the cover for one of Chief Judge Jeffrey S. Sutton’s previous books on state constitutional law provides insight into what ails state constitutional law. Judge Sutton’s earlier book neatly arrayed each of our fifty states...read more
The NLRA Does Not Authorize Everyone on Twitter to Call the Labor Police – Jared McClain & Kara Rollins
Download PDF The NLRA Does Not Authorize Everyone on Twitter to Call the Labor Police Jared McClain & Kara Rollins* When Vox Media employees walked out during a bargaining dispute in 2019, Twitter users tweeted along. Among the commentators was Ben Domenech, the publisher of the web magazine The Federalist. He tweeted from his personal account, “FYI @fdrlst first one of you tries to unionize I swear I’ll send you back to the salt mine.” Again, Twitter users reacted. A senior contributor at The Federalist replied that workers...read more
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...read more
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...read more
Download PDF Roe and Casey Were Grievously Wrong and should be Overruled 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...read more