VOLUME 4-2
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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, …

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 …

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 …

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 …

Unraveling the Gordian Knot of Implicit Bias in Jury Selection: The Problems of Judge- Dominated Voir Dire, the Failed Promise of Batson, and Proposed Solutions
Unraveling the Gordian Knot of Implicit Bias in Jury Selection: The Problems of Judge- Dominated Voir Dire, the Failed Promise of Batson, and Proposed Solutions

by JUDGE MARK W. BENNETT
At a 1993 meeting of his organization Operation PUSH, on the topic of street crime, the Reverend Jesse Jackson told the audience, “‘There is nothing more painful to me at this …

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 …

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

The Case for Viral Citizenship
The Case for Viral Citizenship

by TEJINDER SINGH
John Sexton, President of New York University, astutely describes today’s public sphere as a “coliseum culture that reduces discourse to gladiatorial combat. Viewpoints are caricatured in their most absolute form, with …

The Problematic Presidential Pardon: A Proposal for Reforming Federal Clemency
The Problematic Presidential Pardon: A Proposal for Reforming Federal Clemency

by JONATHAN T. MENITOVE
Shortly after 9:30 a.m. on January 15, 2009, Senator Patrick Leahy gaveled the Senate Judiciary Committee to order. Seated before the Committee was Eric Holder, then President-elect Barack Obama’s nominee to become …

REAL ID: The Devil You Don’t Know
REAL ID: The Devil You Don’t Know

by GEOFFREY D. KRAVITZ
One of the principal recommendations of The 9/11 Commission Report suggested that the federal government implement standards for identification cards to combat terrorism. In 2005, Congress responded by passing the REAL ID …