Author name: JLPP

[button link=”https://journals.law.harvard.edu/jlpp/wp-content/uploads/sites/90/2022/02/POST-Lies-and-the-Father-of-Lies.pdf” color=”red”] Download PDF[/button] 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 […]

[button link=”https://journals.law.harvard.edu/jlpp/wp-content/uploads/sites/90/2022/02/MEDICAL-MARIJUANA-PERMITS-AND-CONCEALED-WEAPONS-PERMITS-WHEN-ONE-RIGHT-IMPACTS-ANOTHER.pdf” color=”red”] Download PDF[/button] Medical Marijuana Permits and Concealed Weapons Permits: When One Right Impacts Another Jonathan A. McGowan, Esq.[1] 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

[button link=”https://journals.law.harvard.edu/jlpp/wp-content/uploads/sites/90/2022/01/Sutton-Book-Review.pdf” color=”red”] Download PDF[/button] Who Decides? Depends on What the Federal Government Allows Clark L. Hildabrand & Ross C. Hildabrand[1]   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[2] provides insight into what ails state

[button link=”https://journals.law.harvard.edu/jlpp/wp-content/uploads/sites/90/2022/01/Spring-2021-No.-20-Jared-McClain-Kara-Rollins-The-NLRA-Does-Not-Authorize-Everyone-on-Twitter-to-Call-the-Labor-Police.pdf” color=”red”] Download PDF[/button] The NLRA Does Not Authorize Everyone on Twitter to Call the Labor Police Jared McClain & Kara Rollins*[1]   When Vox Media employees walked out during a bargaining dispute in 2019, Twitter users tweeted along.[2] 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

[button link=”https://journals.law.harvard.edu/jlpp/wp-content/uploads/sites/90/2022/01/Fall-2021-No.-19-Hal-S.-Scott-An-Essay-on-The-Fed-and-the-U.S.-Treasury-Lender-of-Last-Resort.pdf” color=”red”] Download PDF[/button] 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

[button link=”https://journals.law.harvard.edu/jlpp/wp-content/uploads/sites/90/2022/01/Fall-2021-No.-18-Paul-J.-Larkin-The-Sturm-und-Drang-of-the-CDCs-Home-Eviction-Moratorium.pdf” color=”red”] Download PDF[/button] 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

[button link=”https://journals.law.harvard.edu/jlpp/wp-content/uploads/sites/90/2022/01/Fall-2021-No.-17-Charles-J.-Cooper-et-al.-Roe-and-Casey-Were-Grievously-Wrong-and-should-be-Overruled.pdf” color=”red”] Download PDF[/button] 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

[button link=”https://journals.law.harvard.edu/jlpp/wp-content/uploads/sites/90/2022/01/Fall-2021-No.-16-Grzegorz-Blicharz-Why-Justice-Blackmuns-Appeal-to-Roman-Law-to-Justify-Roe-v.-Wade-is-Wrong.pdf” color=”red”] Download PDF[/button] 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

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. Lael earned a JD with

[button link=”https://journals.law.harvard.edu/jlpp/wp-content/uploads/sites/90/2022/01/Fall-2021-No.-15-Ilan-Wurman-Administrative-Law-Theory-and-Fundamentals-An-Integrated-Approach.pdf” color=”red”] Download PDF[/button] 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,