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...Constitution gives no answer valid for all circumstances but instead, through the separation of powers, sets up a debate between the three branches of government, each of which has its typical argument against the other two. Congress, whether Democratic or Republican, tends to support the rule of law??after all, it makes the laws. The President—and there have been strong Presidents in both parties—tends to see the defects of law, since law is always easier to make than apply. Sometimes the President wins, as did Bush in 2004; sometimes he loses...

Author: By Harvey C. Mansfield | Title: Bush's Determination and the Rule of Law | 6/2/2009 | See Source »

...tapping the power of a little-used legal prerogative known as “jury nullification.” In old English common law, if a jury felt that a particular law was destructive to liberty, it could refuse to render a guilty verdict on the basis of that law??the effect being to side-step the question of whether a particular action is illegal by indicting the law itself. Nullification is a rare occurrence in the American judicial system, and in fact jurors are not allowed to be told that they have the capacity to nullify, precisely...

Author: By Christian B. Flow, CRIMSON STAFF WRITER | Title: Building the Public Domain, Part II | 5/9/2009 | See Source »

...corresponding struggle—as much ideological as it is practical—is not a new one for Nesson, and the Joel Tenenbaum case is hardly the only front on which he believes it needs to be fought. Nesson (who famously told Harvard Law??s student newspaper in 2002 that he had experimented with LSD and cocaine and still often smoked joints on his morning walks) has been working for years on causes—the legalization of marijuana among them—that he sees as important roadmarkers on the path to reliable personal freedoms...

Author: By Christian B. Flow, CRIMSON STAFF WRITER | Title: Building the Public Domain, Part I | 5/9/2009 | See Source »

...After the federal mandatory retirement law??which permitted Universities to force professors to retire at the age of 70—was repealed in 1994, the Harvard Faculty has slowly aged...

Author: By Bonnie J. Kavoussi and Alexandra perloff-giles, CRIMSON STAFF WRITERSS | Title: Profs May Be Offered Buyout | 4/24/2009 | See Source »

...School professor who formerly oversaw the Clinic, called the fellowship a “major step forward for the study of cyberlaw at Harvard Law School” and said the relationship with Cooley—“a leader in intellectual property law??—would be a boon for the Clinic. Current fellows have proven immensely helpful to students, according to Tom B. Sullivan, a student at the Law School, who worked at the clinic in 2008 and remains affiliated with the Berkman Center. Sullivan called his interactions with the fellows...

Author: By Ellie Reilly, CONTRIBUTING WRITER | Title: Law Firm To Fund First Cyberlaw Fellowship for Cyberlaw Clinic at Harvard Law School’s Berkman Center for Internet & Society | 2/23/2009 | See Source »

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