CURRENT ISSUE
Volume 48, Issue 1
About Harvard JLPP
The Harvard Journal of Law & Public Policy is published three times annually by the Harvard Society for Law & Public Policy, Inc., an organization of Harvard Law School students. The Journal is one of the most widely circulated law reviews and the nation’s leading forum for conservative and libertarian legal scholarship. The late Stephen Eberhard and former Senator and Secretary of Energy E. Spencer Abraham founded the journal forty years ago and many journal alumni have risen to prominent legal positions in the government and at the nation’s top law firms.
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JLPP: Per Curiam
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Supreme Court’s Plaquemines Parish Case Deserves More Attention – O.H. Skinner
Introduction Arguments recently began for the 2025 U.S. Supreme Court term, with several blockbuster cases set to be argued in the coming months, including cases about Title IX and girls’ sports, the President’s tariff authority, and the Federal Election Commission and limitations on political expenditures. While those cases obviously have substantial importance for the nation,…
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Facial Confusion: Lower Court Misapplication of the Facial/As-Applied Distinction in Second Amendment Cases – Peter Patterson
Introduction Following the Supreme Court’s invocation of United States v. Salerno[1] to defeat a Second Amendment claim in United States v. Rahimi,[2] lower courts have begun misapplying the distinction between facial and as-applied challenges to reject Second Amendment claims. Antonyuk v. James[3] is a prime example. There, the Second Circuit reviewed an order that had preliminarily enjoined a New York law…
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Case Comment on Central States v. Laguna Dairy – Richard Nehrboss
Case Comment on Central States v. Laguna Dairy Richard Nehrboss I. Background Under ERISA, multiple employers can contribute to the same collectively bargained pension plan. These are called, unsurprisingly, “multiemployer plans.”[1] But this arrangement has a lurking problem: Plans can incur significant liabilities as employees earn benefits that must be paid out in the future, and employers…