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, … [Read more...] about Register for our Conference on the Electoral College
HLPR Blog: Notice and Comment
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 … [Read more...] about The “Many” Overlooked in the Supreme Court’s American Legion Decision
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 … [Read more...] about Judicial Nominations in the Trump Administration
Why Adding A Citizenship Question to the Census Will Not Help Enforce the Voting Rights Act
By Adriel Cepeda Derieux* Late last month, the Supreme Court heard argument in Department of Commerce v. New York. The case will determine whether the Trump administration can change the census by adding a question that asks the citizenship status of all persons in the United States. Despite petitioners’ misleading arguments, that question has no precedent or tradition. … [Read more...] about Why Adding A Citizenship Question to the Census Will Not Help Enforce the Voting Rights Act
The Fight Against Felony Disenfranchisement
By Christopher Poulos* On election night of 2008, I was incarcerated at a federal prison in Lewisburg, Pennsylvania. I was the only white prisoner in the TV room of my unit as we watched the election results stream in. It became evident that Senator Barack Obama would become our nation’s first black president. African American men filled the room, one of whom had marched … [Read more...] about The Fight Against Felony Disenfranchisement
Gig Workers’ Fight For Justice: A View From Comparative Law
By Jeremy Pilaar* Earlier this month, Uber and Lyft drivers across the United States and the world went on strike. Despite facing immense barriers to organizing, thousands closed their apps and took to the streets to demand fair pay and benefits. The actions were long overdue. The companies are collectively valued at over $80 billion. Yet more than half of American Uber and … [Read more...] about Gig Workers’ Fight For Justice: A View From Comparative Law
A Prosecutor’s Credo, Robed Oracles, and Gideon’s Angels: A Review of Doing Justice
By Daniel M. Coble* “Do the right thing, in the right way, for the right reasons.” -Preet Bharara, Doing Justice Introduction The power to prosecute is a heavy burden to bear. From a simple fine to the ultimate punishment, a prosecutor knows well that the crown is heavy to wear. While it can take years, if not decades, for a young attorney to learn the ins and … [Read more...] about A Prosecutor’s Credo, Robed Oracles, and Gideon’s Angels: A Review of Doing Justice
Don’t Expect Chief Justice Roberts to Protect Abortion
By Daniel Cotter* In recent days, Alabama and Missouri have joined some other states in enacting laws that make abortion criminal in almost all instances and at an early point in the pregnancies. Some progressives and others have some hope that Chief Justice Roberts will save Roe v. Wade.Recent judicial biographies tell the story of how the “troika” of Justices Kennedy, … [Read more...] about Don’t Expect Chief Justice Roberts to Protect Abortion
The Supreme Court Has Been Expanded Many Times Before. Here Are Four Ways To Do It Today.
By Kurt Walters* In today’s crowded Democratic primary season, one issue has emerged that would have been unthinkable as recently as 2016: increasing the number of justices on the U.S. Supreme Court. At least five Democratic candidates have expressed openness to expanding the Court: Senators Elizabeth Warren, Kirsten Gillibrand, and Kamala Harris as well as former … [Read more...] about The Supreme Court Has Been Expanded Many Times Before. Here Are Four Ways To Do It Today.
How Lawmakers Let Effective Unemployment Policy Drift Away
By Jeremy Pilaar* Lawmakers must pay constant attention to changes in the world around them. Societal problems are rarely static. Instead, they evolve—often assuming unexpected forms that challenge prior assumptions about how to solve them. When policymakers forego this exercise, they risk exacerbating social harms. I chronicle one example of this phenomenon in the … [Read more...] about How Lawmakers Let Effective Unemployment Policy Drift Away