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Announcements

(1) The 2010 American Constitutional Society-Harvard Law and Policy Review formal will be on Saturday evening, March 27th. Please stay tuned for the location of the event and how to purchase tickets.

(2) Volume 3.2 of HLPR is here! All members of the HLPR staff are encouraged to pick up their copy of Volume 3.2 outside the HLPR office.

(3) We are pleased to announce the authors and articles that will published in Volume 4.2 of HLPR:

SYMPOSIUM – Public Health Preparedness and Biosecurity

Global Health by Dr. Lawrence Gostin
Lawrence Gostin holds a joint appointment at Georgetown law (where he is Associate Dean) and the Johns Hopkins Bloomberg School of Public Health. He is also the director of the Center of Law and Public Health at Johns Hopkins and Georgetown. An expert on global health law, he addresses the larger, global context of public health and offers a progressive approach to public health crises, which increasingly transcend national borders.

Public Health Emergency Preparedness by Dr. Jeffrey Levi and Serena Vinter
Jeffrey Levi is the Executive Director of Trust for America’s Health and a Professor at the George Washington University School of Public Health. Serena Vinter is a Senior Researcher at the Trust for America’s Health. They focus on how the existing public health infrastructure can address public health emergencies, particularly “pandemics” like H1N1, and the ways in which our public health infrastructure, information about said infrastructure, and public preparedness can be improved to improve individual and general outcomes.

Incident Management and Response Coordination in the Context of a Bioterror Event by Ivan Fong
Ivan Fong is the General Counsel of the Department of Homeland Security and has a background in health law. Focusing on biosecurity and bioterror, Fong details government’s role following a public health emergency.

Bioethics and Biosecurity by Professor Jonathan Moreno and Samuel Berger
Jonathan Moreno is one of the foremost progressive bioethicists in the U.S. A professor at UPenn and a senior fellow at the Center for American Progress, Moreno and past collaborator Samuel Berger, a Yale Law Student, examine the way in which their bioethics framework can be applied to a public health emergency and to biosecurity.

The Effect of 9/11 on Public Health Jurisprudence: Legislating from the State of Exception by Professor Fazal Khan
Fazal Khan is a UGA law professor specializing in public health law. He also holds an MD. Here he addresses the consequences 9/11 has had on public health law, including on civil liberties and emergency response.

GENERAL ESSAYS

Definite Detention: The Scope of the President’s Authority to Detain Enemy Combatants by David Mortlock
David Mortlock is an attorney in the State Department’s Office of Legal Advisor. His article provides the first comprehensive analysis of the scope of the President’s authority to capture and detain enemy combatants in the United States’ war on al Qaeda and the Taliban. This article concludes that the correct approach under the Authorization for Military Force and the international law of war is that the President may detain members of al Qaeda and the Taliban, whether or not they participate in combat, but not supporters and sympathizers of those groups. The article expands on this membership-based definition to propose a model for the release of enemy combatants when their membership with the enemy group is severed.

Hate Speech and the First Amendment by Judge Lynn Adelman
Judge Lynn Adelman is a U.S. District Judge in the Eastern District of Wisconsin. A noted scholar of sentencing and criminal law, Judge Adelman here expands on a recent case over which he presided regarding hate speech.

One-Half Century and Counting: The Evolution of U.S. National Space Law and Emerging Issues by Professor Joanne Irene Gabrynowicz
Joanne Irene Gabryowicz is a professor of law at Ole Miss. She is its foremost figure in the field of space law and is currently the Director of the National Remote Sensing and Space Law Center. Here, she takes a look back at the field and examines new issues in space law that have recently come to light and hypothesizes what may be in store for space law in the near future.

SHORT ESSAYS (Student)

“Are Campaign Consultants Valuable?” by Ellen Zeng
Ellen Zeng is a third-year student at Harvard Law School. Her essay attempts to answer the question of what impact campaign consultants have both on individual campaigns and on the democratic process as a whole. She draws from theories of democracy, capitalism, and law in weighing the overall value of campaign consultants to the American political system.

“Restructuring Insurance Coverage for Drunk Drivers” by Avi Perry
Avi Perry is a third-year student at Yale Law School. His essay considers why automobile liability insurance continues to insulate offenders from some of the civil consequences of drunk driving. Arguing that civil and criminal law in this area should be complementary, the essay contends that drunk driving is under-deterred, and offers a proposal for restructuring states’ automobile insurance laws.