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Articles 1 - 30 of 107
Full-Text Articles in Entire DC Network
Disparity: The Normative And Empirical Failure Of The Federal Guidelines, Albert Alschuler
Disparity: The Normative And Empirical Failure Of The Federal Guidelines, Albert Alschuler
Articles
No abstract provided.
Reforming The Federal Sentencing Guidelines Misguided Approach To Real-Offense Sentencing, David Yellen
Reforming The Federal Sentencing Guidelines Misguided Approach To Real-Offense Sentencing, David Yellen
Articles
No abstract provided.
A Government Of Limited Powers, Carl E. Schneider
A Government Of Limited Powers, Carl E. Schneider
Articles
Roscoe C. Filburn owned a small farm in Ohio where he raised poultry, dairy cows, and a modest acreage of winter wheat. Some wheat he fed his animals, some he sold, and some he kept for his family's daily bread. The Agricultural Adjustment Act of 1938 limited the wheat Mr. Filburn could grow without incurring penalties, but his 1941 crop exceeded those limits. Mr. Filburn sued. He said Claude Wickard, the Secretary of Agriculture, could not enforce the AAI's limits because Congress lacked authority to regulate wheat grown for one's own use. He reasoned: In our federal system, the states …
Solving The Due Process Problem With Military Commissions, Nicholas Stephanopoulos
Solving The Due Process Problem With Military Commissions, Nicholas Stephanopoulos
Articles
No abstract provided.
Preemption Of State Spam Laws By The Federal Can-Spam Act, Roger Ford
Preemption Of State Spam Laws By The Federal Can-Spam Act, Roger Ford
Articles
No abstract provided.
Congressional Authorization And The War On Terrorism, Curtis A. Bradley, Jack L. Goldsmith
Congressional Authorization And The War On Terrorism, Curtis A. Bradley, Jack L. Goldsmith
Articles
This Article presents a framework for interpreting Congress's September 18, 2001Authorization for Use of Military Force (AUMF), the central statutory enactment related to the war on terrorism. Although both constitutional theory and constitutional practice suggest that the validity of presidential wartime actions depends to a significant degree on their relationship to congressional authorization, the meaning and implications of the AUMF have received little attention in the academic debates over the war on terrorism.The framework presented in this Article builds on the analysis in the Supreme Court's plurality opinion in Hamdi v. Rumsfeld, which devoted significant attention to the AUME Under …
Political Trials In Domestic And International Law, Eric A. Posner
Political Trials In Domestic And International Law, Eric A. Posner
Articles
Due process protections and other constitutional restrictions normally ensure that citizens cannot be tried and punished for political dissent, but these same restrictions interfere with criminal convictions of terrorists and others who pose a nonimmediate but real threat to public safety. To counter these threats, governments may use various subterfuges to avoid constitutional protections-often with the complicity of judges-but when they do so, they risk losing the confidence of the public, which may believe that the government targets legitimate political opponents. This Article argues that the amount of process enjoyed by defendants in criminal trials reflects a balancing of two …
The Value Of Institutions And The Values Of Free Speech, Dale Carpenter
The Value Of Institutions And The Values Of Free Speech, Dale Carpenter
Articles
Should the First Amendment pay attention to the setting in which speech occurs, giving more protection to some institutions than to others? The very suggestion is a heresy. The First Amendment, to a degree unknown elsewhere in American law, has been characterized by a certain kind of blindness. It has largely been blind to the popularity of the speech involved, blind to whether the speech is favored or disfavored by the government, and blind to the identity of the speaker. On the other hand, some institutions - the professional media, libraries, and universities, for example - are especially good at …
The Expressive Power Of Adjudication, Richard H. Mcadams
The Expressive Power Of Adjudication, Richard H. Mcadams
Articles
This article provides a causal explanation of adjudicative compliance that is distinct from both the court's threat of sanctions and its institutional legitimacy. The new mechanism for compliance is the power of adjudicative expression. The theory of "expressive adjudication" arises from a previously neglected synergy among three expressive concepts in game theory -correlated equilibria, focal points, and signals. The article identifies the circumstances in which adjudicative expression can, by itself, influence the behavior of existing disputants and of future potential disputants. In each case, ambiguity in the relevant facts or the concepts underlying intentional and spontaneous order can cause a …
Reply To Helfer And Slaughter, Eric A. Posner, John C. Yoo
Reply To Helfer And Slaughter, Eric A. Posner, John C. Yoo
Articles
No abstract provided.
Deterring Murder: A Reply Ethics And Empirics Of Capital Punishment, Cass R. Sunstein, Adrian Vermeule
Deterring Murder: A Reply Ethics And Empirics Of Capital Punishment, Cass R. Sunstein, Adrian Vermeule
Articles
No abstract provided.
Of Citizens And Persons: Reconstructing The Privileges Or Immunities Clause Of The Fourteenth Amendment, Richard A. Epstein
Of Citizens And Persons: Reconstructing The Privileges Or Immunities Clause Of The Fourteenth Amendment, Richard A. Epstein
Articles
No abstract provided.
Liberty Versus Property - Cracks In The Foundations Of Copyright Law, Richard A. Epstein
Liberty Versus Property - Cracks In The Foundations Of Copyright Law, Richard A. Epstein
Articles
No abstract provided.
Policing L.A.'S Skid Row: Crime And Real Estate Redevelopment In Downtown Los Angeles (An Experiment In Real Time), Bernard E. Harcourt
Policing L.A.'S Skid Row: Crime And Real Estate Redevelopment In Downtown Los Angeles (An Experiment In Real Time), Bernard E. Harcourt
Articles
No abstract provided.
From The Asylum To The Prison: Rethinking The Incarceration Revolution, Bernard E. Harcourt
From The Asylum To The Prison: Rethinking The Incarceration Revolution, Bernard E. Harcourt
Articles
The incarceration revolution of the late twentieth century fueled ongoing research on the relationship between rates of incarceration and crime, unemployment, education, and other social indicators. In this research, the variable intended to capture the level of confinement in society was conceptualized and measured as the rate of incarceration in state and federal prisons and county jails. This, however, fails to take account of other equally important forms of confinement, especially commitment to mental hospitals and asylums. When the data on mental hospitalization rates are combined with the data on imprisonment rates for the period 1928 through 2000, the incarceration …
A Social Networks Theory Of Privacy, Lior Strahilevitz
A Social Networks Theory Of Privacy, Lior Strahilevitz
Articles
What facts are public and what facts are private? It is the fundamental, first-principles question in privacy law, and a necessary element in the two most important privacy torts public disclosure of private facts and intrusion upon seclusion. This paper argues that insights from the literature on social networks and information dissemination can help provide courts with a coherent and consistent methodology for determining whether an individual has a reasonable expectation of privacy in a particular fact that he has shared with one or more persons. The social networks literature has generated theoretical and empirical insights about the probability that …
First Circuit Upholds Reprosecution Of Defendant Acquitted In 'Sham' Trial, John Rappaport
First Circuit Upholds Reprosecution Of Defendant Acquitted In 'Sham' Trial, John Rappaport
Articles
No abstract provided.
Credible Coercion, Omri Ben-Shahar, Oren Bar-Gill
Credible Coercion, Omri Ben-Shahar, Oren Bar-Gill
Articles
The ideal of individual freedom and autonomy requires that society provide relief against coercion. In the law, this requirement is often translated into rules that operate "postcoercion" to undo the legal consequences of acts and promises extracted under duress. This Article argues that these ex post antiduress measures, rather than helping the coerced party, might in fact hurt her. When coercion is credible-when a credible threat to inflict an even worse outcome underlies the surrender of the coerced party-ex post relief will only induce the strong party to execute the threatened outcome ex ante, without offering the choice to surrender, …
Foreword: A Political Court, Richard A. Posner
Judicial Independence In International Tribunals, Eric A. Posner, John C. Yoo
Judicial Independence In International Tribunals, Eric A. Posner, John C. Yoo
Articles
No abstract provided.
Judicial Behavior And Performance: An Economic Approach, Richard A. Posner
Judicial Behavior And Performance: An Economic Approach, Richard A. Posner
Articles
No abstract provided.
Guido Calabresi's 'The Costs Of Accidents': A Reassessment, Richard A. Posner
Guido Calabresi's 'The Costs Of Accidents': A Reassessment, Richard A. Posner
Articles
No abstract provided.
Hayek, Law, And Cognition, Richard A. Posner
Courting Disaster: Looking For Change In All The Wrong Places, Gerald Rosenberg
Courting Disaster: Looking For Change In All The Wrong Places, Gerald Rosenberg
Articles
No abstract provided.
Why We Need A Federal Reporter's Privilege, Geoffrey R. Stone
Why We Need A Federal Reporter's Privilege, Geoffrey R. Stone
Articles
No abstract provided.
International Court Of Justice: Voting And Usage Statistics, Eric A. Posner
International Court Of Justice: Voting And Usage Statistics, Eric A. Posner
Articles
No abstract provided.
Natural Law And Human Rights In English Law: From Bracton To Blackstone, Richard H. Helmholz
Natural Law And Human Rights In English Law: From Bracton To Blackstone, Richard H. Helmholz
Articles
No abstract provided.
Consent, Aesthetics, And The Boundaries Of Sexual Privacy After Lawrence V. Texas, Lior Strahilevitz
Consent, Aesthetics, And The Boundaries Of Sexual Privacy After Lawrence V. Texas, Lior Strahilevitz
Articles
No abstract provided.
Our 18th Century Constitution In The 21st Century World, Diane P. Wood
Our 18th Century Constitution In The 21st Century World, Diane P. Wood
Articles
In this speech delivered for the annual James Madison Lecture, the Honorable Diane Wood tackles the classic question of whether courts should interpret the United States Constitution from an originalist or dynamic approach. Judge Wood argues for the dynamic approach and defends it against the common criticisms that doing so allows judges to stray from the original intent of those who wrote the Constitution or take into consideration improper foreign influences. She argues the necessity of an "unwritten Constitution" since a literalist approach to interpretation would lead to unworkable or even absurd results in the modern context, and since restricting …
Why Does The American Constitution Lack Social And Economic Guarantees, Cass R. Sunstein
Why Does The American Constitution Lack Social And Economic Guarantees, Cass R. Sunstein
Articles
No abstract provided.