Author name: JLPP

[button link=”https://journals.law.harvard.edu/jlpp/wp-content/uploads/sites/90/2022/01/Fall-2021-No.-14-Josh-Halpern-David-Yolkut-Religious-Accommodations-in-Housing-after-Bostock.pdf” color=”red”] Download PDF[/button] 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 […]

[button link=”https://journals.law.harvard.edu/jlpp/wp-content/uploads/sites/90/2022/01/Fall-2021-No.-13-J.-Kennerly-Davis-Jr.-Is-It-Lawful-to-Use-Regulation-to-Achieve-Equity.pdf” color=”red”] Download PDF[/button] 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 These orders rescinded a wide variety of orders issued by President Trump

[button link=”https://journals.law.harvard.edu/jlpp/wp-content/uploads/sites/90/2022/01/Fall-2021-No.-12-Nick-Cordova-Case-Comment-Servotronics-v.-Rolls-Royce.pdf” color=”red”] Download PDF[/button] 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

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

[button link=”https://journals.law.harvard.edu/jlpp/wp-content/uploads/sites/90/2022/01/Fall-2021-No.-11-Derek-T.-Muller-Twenty-Third-Amendment-Problems-Confronting-District-of-Columbia-Statehood.pdf” color=”red”] Download PDF[/button] 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.[1] 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

[button link=”https://journals.law.harvard.edu/jlpp/wp-content/uploads/sites/90/2022/01/Fall-2021-No.-10-GianCarlo-Canaparo-Paul-J.-Larkin-Jr.-The-Twenty-Seventh-Amendment-Meaning-and-Application.pdf” color=”red”] Download PDF[/button] 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.[1] That term

[button link=”https://journals.law.harvard.edu/jlpp/wp-content/uploads/sites/90/2022/01/Fall-2021-No.-9-E.-Spencer-Abraham-Per-Curiam-Preface.pdf” color=”red”] Download as PDF[/button] 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

[button link=”https://journals.law.harvard.edu/jlpp/wp-content/uploads/sites/90/2022/01/Fall-2021-No.-8-Eli-Nachmany-Alexander-Khan-An-Introduction-to-JLPP-Per-Curiam.pdf” color=”red”] Download PDF[/button] 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,

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

[button link=”https://journals.law.harvard.edu/jlpp/wp-content/uploads/sites/90/2022/01/Fall-2021-No.-7-Nicole-Stelle-Garnett-What-I-Saw-at-the-Daytona-500.pdf” color=”red”] Download PDF[/button] 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