Presenting a “Strong Basis in Evidence”: How Lawyers Should Use Statistics to Shape the Impact of Ricci v. DeStefano on Title VII Litigation

by JASON M. SZANYI and KATARINA GUTTMANNOVA
This past term, in Ricci v. DeStefano,[1] the Supreme Court reshaped employment discrimination litigation. In a decision that garnered significant notoriety both for its potential impact on the future …

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Forty Years After NEPA’s Enactment, It Is Time for a Comprehensive Farm Bill Environmental Impact Statement
Forty Years After NEPA’s Enactment, It Is Time for a Comprehensive Farm Bill Environmental Impact Statement

by CARRIE LOWRY LA SEUR and ADAM D.K. ABELKOP
There are winners and losers in the modern American farm economy. This reality is in no small part due to U.S. farm policies enacted through generations of …

Clean Development Fund: A “Public Option” for Carbon Offsets
Clean Development Fund: A “Public Option” for Carbon Offsets

by IAN FEIN, HEATHER MATSUMOTO, TYLER MCNISH, and JESLYN MILLER†
The Kyoto Protocol—despite its successes[1]—has not put the world on a path toward climate stabilization.  Global greenhouse gas (GHG) emissions grew four times faster between 2000 …

A Great Schism: Social Norms and Marijuana Prohibition

by MATTHEW A. CHRISTIANSEN
In the Democratic presidential debate on November 6, 2003, the eight candidates were asked whether they had ever used marijuana. Three, including the party’s eventual nominees for president and vice president, answered yes; a fourth …

Private Tragedies? Family Law as Social Insurance

by ANNE L. ALSTOTT
Family law is full of private tragedy. Case after case pits one family member against another in a zero-sum struggle for resources. Spouses battle over limited assets; parents clash over child support; and children …

“Moral Questions of an Altogether Different Kind:” Progressive Politics in the Biotech Age

by MARCY DARNOVSKY
Charles Darwin’s theory of evolution was far more than an advance in scientific understanding. It famously upended traditional ways of thinking about the origins of life and the place of humanity in history and the …

Travel Insurance: Protecting Lesbian and Gay Parent Families Across State Lines

by COURTNEY G. JOSLIN
Until recently, when a lesbian couple had a child through artificial insemination, only one member of the couple was considered the legal parent of the resulting child at the moment of birth. …

The New Family Values Agenda: Renewing Our Social Contract

by KAREN KORNBLUH and RACHEL HOMER
Nine years ago, a National Review cover story proclaimed, “Thanks Mom! The Case Against Working Mothers.” During the last election, the same magazine fiercely defended Sarah Palin’s right to run for Vice …

A Call for Institutional Reform of the Office of Legal Counsel

by BRADLEY LIPTON
The Office of Legal Counsel (OLC) has been deemed “the most important government office you’ve never heard of” by Newsweek magazine. Indeed, the office is extraordinarily powerful, standing as the legal arbiter of …

Saving Creation: Faith Shaping Environmental Policy

by HOLMES ROLSTON III
Science, unaided, does not teach us what we most need to know about nature: how to value it. Ecologists may be able to tell us what our options are, what will work and what …

Introduction: Progressive Visions of the American Family

by JUDITH L. LICHTMAN*
It is with great pleasure that I introduce Volume 4, Number 1 of the Harvard Law & Policy Review. In addition to selecting articles discussing religion and science, implicit bias in the legal system, …

Delinquency and Daycare
Delinquency and Daycare

by DAVID R. KATNER
As the nation faces policy challenges over juvenile delinquency and subsequent crime, one all-but-forgotten option remains as promising as ever despite its virtual absence in recent national discussions and debates: a comprehensive …

Juror Sentiment on Just Punishment: Do the Federal Sentencing Guidelines Reflect Community Values?
Juror Sentiment on Just Punishment: Do the Federal Sentencing Guidelines Reflect Community Values?

by JUDGE JAMES S. GWIN
In 2007, a jury found Daniel Sheldon guilty of two child pornography offenses. Little about Sheldon was sympathetic. In his twenties and married, Sheldon spent long hours downloading and viewing pictures …