There are a few things that need to be said:
1. It isn’t new; it’s from 2007.
2. It was published in the Harvard Journal of Law & Public Policy, which is the official journal of the Federalist Society (and so, despite the Harvard name, has a more right-libertarian bent than one might expect; in fact, the top of the Journal’s homepage bears the legend “The nation’s leading forum for conservative and libertarian legal scholarship.”).
3. The authors do not appear to be affiliated with Harvard. This is due to the nature of law review publications (which the Harvard J.L. & Pub. Pol’y most assuredly is). Law professors and attorneys write articles and then submit them to reviews for consideration for publication. The staff of the review will check the articles and their sources, making sure that cited authority actually says what the author claims it says.*
Now, I haven’t read the article itself or looked at the sources or methodology. I am in favor of its conclusion (as should be obvious from this blog). Its truth or falsity should be determined irrespective of its source.
Breitbart.com‘s calling it a Harvard study is bending the truth nearly to the breaking point, and Hot Air‘s assertion that because this article is from HARVARD!!11!1 it settles everything is flat out wrong.
I was originally going to submit this as a comment over at Alphecca, but decided instead to get in my one post for August (I have no idea why this has become my new schedule, but I will try to post more frequently).
*If you remember, gentle reader, I am currently a member of the law review at my law school. Reviews are predominantly student-run, and we spend most of our time running down sources and editing submitted pieces.