By Sarah J. Morath* You don’t need to be an elected official, a CEO, or a celebrity like Leonardo DiCaprio to create environmental change. You don’t even need to be an adult. Sixteen-year-old Greta Thunberg illustrates that individual action by everyday individuals, matters. What began with a lone school girl sitting on the steps of the Swedish parliament instead of at her desk quickly grew into a movement. Climate change discussions have resumed and E.U. nations have responded. Greta’s …
Yes, Virginia, there is no Senate Clause
By Daniel Cotter* The formal impeachment inquiry into allegations of President Trump’s dealings with Ukrainian President Volodymyr Zelensky is ramping up quickly. Much has been discussed about the impeachment process and what happens if Trump is impeached. Article II, Section 4 of the United States Constitution provides for impeachment, stating: The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, …
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Divide and Conquer: How the Democrats Can Maintain Control of the Ninth Circuit
By Michael J. Hasday* When the State of California and Planned Parenthood recently sued the Trump Administration over regulations implementing an abortion gag rule,[1] they must have thought they had a good chance before the famously liberal Ninth Circuit Court of Appeals. But lady luck was not on their side. Although the majority of judges on the Ninth Circuit were appointed by Democratic presidents, the random draw turned up three Republican-appointed judges for the panel hearing the …
Register for our Conference on the Electoral College
Few institutions are as important to shaping the future of the United States as the electoral college. Please join Professor Lawrence Lessig and the Harvard Law & Policy Review on Friday, October 18 and Saturday, October 19 for a series of conversations and presentations at Harvard Law School regarding the historical and philosophical foundations of the electoral college, as well as potential avenues to amend the institution in the current political climate. Through the conference, we hope …
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The “Many” Overlooked in the Supreme Court’s American Legion Decision
By Mark Satta[1] On June 20, in a 7-2 decision, the Supreme Court ruled that the presence of a ninety-year-old World War I memorial in the form of a 32-foot Latin cross on public land in Maryland does not violate the constitutional prohibition against governmental establishment of religion. The Court’s decision in American Legion v. American Humanist Association joins a long line of cases decided in the past thirty years concerning when a religious symbol on public land constitutes …
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Judicial Nominations in the Trump Administration
By Daniel Cotter* President Donald Trump has had great success in appointing Article III judges to the many vacancies that he inherited when he became President in January 2017. President Trump has touted recently that he is on a record-breaking pace for the judiciary. However, a review of the data of judgeships filled by president does not confirm that assertion. On May 1, 2019, at the National Day of Prayer Dinner, President Trump boasted: I’m thrilled to report that, tomorrow, the …
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