Recently added articles from Harvard Journal of Law & Public Policy:

The Chicago School and exclusionary conduct.

Mar 22, 2008; Easterbrook, Frank H. ... One panel is not remotely enough to discuss Robert Bork's contributions to antitrust, or even a small portion of his magnum opus, The Antitrust Paradox. (1) The essayists on this panel have carved off just a few slices. Mine is exclusionary practices-predatory pricing, refusals to deal, ...

Judge Bork, consumer welfare, and antitrust law.

Mar 22, 2008; Ginsburg, Douglas H. ... The Sherman Antitrust Act of 1890 broadly prohibits contracts, combinations, and conspiracies in "restraint of trade" and makes it unlawful "to monopolize" any line of commerce. (1) The open-textured nature of the Act vests the judiciary with considerable responsibility for interpretation ....

The Antitrust Paradox: A Policy at War with Itself.(Book review)

Mar 22, 2008; Priest, George L. ... It is an honor to be invited to write about Judge Robert H. Bork's contributions to antitrust law. It is also a pleasure to join in paying tribute to Judge Bork's work. When I joined the faculty at Yale, Judge Bork was a colleague, though I did not get to know him then. But when Judge Bork ...

Of inkblots and originalism: historical ambiguity and the case of the Ninth Amendment.

Mar 22, 2008; Lash, Kurt T. ... Ever since Justice Goldberg's concurring opinion in Griswold v. Connecticut, (1) the Ninth Amendment has been a flashpoint in debates over the merits of originalism as an interpretive theory. Judge Bork's comparison of interpreting the Ninth Amendment to reading a text obscured by an ...

On the hypotheses that lie at the foundations of originalism.

Mar 22, 2008; Harrison, John ... Constitutional law, as taught in American law schools today, is primarily a course in religious indoctrination. Stories are told about the gods and heroes that in part convey information, but mainly shape the character of the students, teaching them appropriate emotional reactions so that ...

The misunderstood relationship between originalism and popular sovereignty.

Mar 22, 2008; Prakash, Saikrishna B. ... Since The Tempting of America was published, (1) many originalists, seeking to justify their preference for adhering to the original meaning of the Constitution, have taken up the banner of popular sovereignty. (2) The Constitution, we are told, was ratified by "We the People." (3) ...

Render unto Caesar that which is Caesar's, and unto God that which is God's.(relationship between law, religion, and morality)

Mar 22, 2008; Calabresi, Steven G. ... It is a great pleasure to contribute to this Symposium with such distinguished scholars as Professors Robert George and Ilya Somin, and to comment on Judge Bork's thought-provoking book, Slouching Towards Gomorrah. (1) Many of the contributors to this Symposium disagree sharply on the ...

Slouching Towards Gomorrah: Modern Liberalism and American Decline.(Book review)

Mar 22, 2008; George, Robert P. ... When Slouching Towards Gomorrah (1) first appeared, it bore on its dust jacket the following words of mine praising the book and its distinguished author: <Pre>The ideological triumph of liberalism among American elites, farfrom bringing the individual and social ...

The Borkean case against Robert Bork's case for censorship.

Mar 22, 2008; Somin, Ilya ... The primary purpose of this Essay is to criticize Robert Bork's advocacy of government censorship of American culture. However, I come as much to praise Judge Bork as to criticize him. To my mind, the principles advanced in his book, The Antitrust Paradox, (1) are just as much applicable ...

Partial-birth abortion and the perils of constitutional common law.

Mar 22, 2008; Pushaw, Robert J., Jr. ... <Pre> INTRODUCTION I. THE "CONSTITUTIONAL" LAW GOVERNING ABORTION A. The Right of Privacy B. The Right to Abortion1. Roe v. Wade2. The Reaction to Roe3. Refining Roe4. Analyzing the Post-Roe Cases5. Planned Parenthood v. Casey ...

Demystifying the right to exclude: of property, inviolability, and automatic injunctions.

Mar 22, 2008; Balganesh, Shyamkrishna ... The right to exclude has long been considered a central component of property. In focusing on the element of exclusion, courts and scholars have paid little attention to what an owner's right to exclude means and the forms in which this right might manifest itself in actual property ...

A new architecture of commercial speech law.

Mar 22, 2008; Fischette, Charles ... <Pre> INTRODUCTION I. THE LINGERING PROBLEM OF COMMERCIAL SPEECH--THE MEANING OF CENTRAL HUDSON II. THE CONSTITUTIONAL CASE FOR PROTECTING COMMERCIAL SPEECH A. The Value of Commercial Speech 1. The Democratic Rationale 2. The Individual Rationale ...

Judicial review of local land use decisions: lessons from RLUIPA.

Mar 22, 2008; Ostrow, Ashira Pelman ... This Article questions whether traditional judicial deference to local land use regulators is justified in light of the highly discretionary, and often corrupt, modern system of land use regulation. In 2000, Congress determined, first, that unlike other forms of economic legislation, land ...

Lopez, Morrison, and Raich: federalism in the Rehnquist Court.

Mar 22, 2008; Graglia, Lino A. ... I. FEDERALISM: VALUABLE, BUT NOT NECESSARILY JUDICIALLY ENFORCEABLE Federalism, as distinguished from pure nationalism, is an attempt to create a form of government that has the advantages, at least in part, of both centralization and local autonomy. The advantages of each are ...

The Terror Presidency: Law and Judgment Inside the Bush Administration.(Book review)

Mar 22, 2008; Kmiec, Douglas W. ... THE TERROR PRESIDENCY: LAW AND JUDGMENT INSIDE THE BUSH ADMINISTRATION. BY JACK GOLDSMITH. W.W. NORTON & COMPANY, 2007. In his book, The Terror Presidency, (1) Harvard Professor Jack Goldsmith writes about his nine months of service as head of the Office of Legal Counsel (OLC) ...

A "plausible" explanation of pleading standards: Bell Atlantic Corp. v. Twombly.

Mar 22, 2008; Tice, Saritha Komatireddy ... Rule 8(a)(2) of the Federal Rules of Civil Procedure requires that a plaintiff's complaint contain "a short and plain statement of the claim showing that the pleader is entitled to relief." (1) Fifty-one years ago, in Conley v. Gibson, (2) the Supreme Court unanimously declared that "a ...

The veil of vagueness: reasonableness review in Rita v. United States.

Mar 22, 2008; Playforth, John ... Three years ago, in United States v. Booker, (1) a 5-4 majority of the Supreme Court held that the Sentencing Reform Act of 1984 (SRA), (2) which required federal judges to impose sentences within the Federal Sentencing Guidelines (the Guidelines) (3) based upon judicially-found facts, ...

The course correction a century in the making: Leegin Creative Leather Products, Inc. v. PSKS, Inc.

Mar 22, 2008; Komenda, Michael ... Numerous sources pointed to the first full term of the Roberts Court as proof of a strong rightward tilt in the political orientation of the Supreme Court. (1) Drawing from disparate cases in areas ranging from election law (2) and free speech (3) to school segregation (4) and the ...