Introduction: twentieth anniversary volume, Harvard Journal of Law & Public Policy

Article Abstract:

The Harvard Journal of Law & Public Policy was founded in 1976 to promote conservative ideas in public policy and law, and the venture has been successful. The journal's main positions have been against judicial activism, in favor of originalist interpretation, for enterprise zones and against reforms that would undermine the authority of prison administrators. In addition, philosophical questions have been examined in symposia produced for the journal by the Institute for Humane Studies. The conservative movement in which the journal has taken part has begun to have an effect on law and policies of the Supreme Court and Congress.

Political aspects, Periodicals, Conservatism, Harvard Journal of Law and Public Policy (Periodical)

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Passing the buck: the Supreme Court's failure to clarify qualified immunity doctrine to protect public officials from frivolous lawsuits

Article Abstract:

The Supreme Court, in Crawford-El v. Britton, examined when government officials can use qualified immunity to win dismissal of suits against them for official actions by prisoners and other private parties. The Court deferred to Congress on this issue. The Court erred by failing to recognize Congress' incompetence to construe common law qualified immunity. Qualified immunity should be recognized in such suits unless the plaintiff alleges objective evidence of an improper motive.

United States, Cases, Government liability, Frivolous suits (Civil procedure), Case Note, Public officers, Government officials

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Who counts? Determining the availability of minority businesses for public contracting after Croson

Article Abstract:

The US Supreme Court in City of Richmond v. J.A. Croson Co. created new empirical evidentiary standards for use in the determination of the existence of discriminatory factors before state and local minority business enterprise programs may be instituted. Such programs allow preferences in public contract bidding according to race, ethnicity, and gender. The Court included guidelines which can aid in the creation of viable standards.

Analysis, Laws, regulations and rules, Letting of contracts, Competitive bidding, Minority business enterprises, Public contracts, Government contracts

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