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Embracing Chance: Post-Modern Meditations On Punishment, Bernard E. Harcourt

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.

Reefer Madness: Broken Windows Policing And Misdemeanor Marijuana Arrests In New York, Bernard E. Harcourt, Jens Ludwig

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.

Embracing Chance: Post-Modern Meditations On Punishment, Bernard E. Harcourt

Public Law and Legal Theory Working Papers

No abstract provided.

Reefer Madness: Broken Windows Policing And Misdemeanor Marijuana Arrests In New York, Bernard E. Harcourt, Jens Ludwig

Public Law and Legal Theory Working Papers

No abstract provided.

Law School Announcements 2006-2007, Law School Announcements Editors

Announcements

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Clear Statement Principles And National Security: Hamdan And Beyond, Cass R. Sunstein

Public Law and Legal Theory Working Papers

In resolving conflicts between individual rights and national security, the Supreme Court has often said that Congress must unambiguously authorize presidential action; the Court has also attempted to ensure that defendants are not deprived of their liberty except pursuant to fair trials. These decisions, a form of liberty-promoting minimalism, reject claims of unilateral or exclusive presidential authority. The Court’s decision in Hamdan v. Rumsfeld reflects a distinctive clear statement principle, one that bans the President from convening a military commission, or otherwise departing from the standard adjudicative forms, unless Congress explicitly authorizes him to do so. The Court’s conclusion diverges …

The International Labour Organization's Role In Nationalizing The International Movement To Abolish Child Labor, Junlin Ho

Chicago Journal of International Law

This Development introduces the concept of a decentralized trade-labor link based on ILO standards and reporting as an effective means for ending child labor. Part II of the Development defines the concept of child labor and provides current statistics on the number of children involved in it, including the worst forms of child labor. Part III discusses the history and structure of the ILO, the organization's commitment to abolishing child labor, and how these factors make the ILO uniquely positioned to monitor child labor violations. Part IV lays out the principle of trade-labor linkage, the inability of the international community …

Muslim Profiles Post 911: Is Racial Profiling An Effective Counterterrorist Measure And Does It Violate The Right To Be Free From Discrimination?, Bernard E. Harcourt

Public Law and Legal Theory Working Papers

Racial profiling as a defensive counterterrorism measure necessarily implicates a rights trade-off: if effective, racial profiling limits the right of young Muslim men to be free from discrimination in order to promote the security and well-being of others. Proponents of racial profiling argue that it is based on simple statistical fact and represents “just smart law enforcement.” Opponents of racial profiling, like New York City police commissioner Raymond Kelly, say that it is dangerous and “just nuts.” As a theoretical matter, both sides are partly right. Racial profiling in the context of counterterrorism measures may increase the detection of terrorist …

Self-Defeating Proposals: Ackerman On Emergency Powers, Adrian Vermeule

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.

Muslim Profiles Post 9/11: Is Racial Profiling An Effective Counterterrorist Measure And Does It Violate The Right To Be Free From Discrimination?, Bernard E. Harcourt

Coase-Sandor Working Paper Series in Law and Economics

Racial profiling as a defensive counterterrorism measure necessarily implicates a rights trade-off: if effective, racial profiling limits the right of young Muslim men to be free from discrimination in order to promote the security and well-being of others. Proponents of racial profiling argue that it is based on simple statistical fact and represents "just smart law enforcement." Opponents of racial profiling, like New York City police commissioner Raymond Kelly, say that it is dangerous and "just nuts." As a theoretical matter, both sides are partly right. Racial profiling in the context of counterterrorism measures may increase the detection of terrorist …

Self-Defeating Proposals: Ackerman On Emergency Powers, Adrian Vermeule

Public Law and Legal Theory Working Papers

No abstract provided.

Transparency And Participation In Criminal Procedure, Stephanos Bibas

Public Law and Legal Theory Working Papers

The insiders who run the criminal justice system–judges, police, and especially prosecutors–have information, power, and self-interests that greatly influence the criminal justice process and outcomes. Outsiders–crime victims, bystanders, and most of the general public–find the system frustratingly opaque, insular, and unconcerned with proper retribution. As a result, a spiral ensues: insiders twist rules as they see fit, outsiders try to constrain them, and insiders find new ways to evade or manipulate the new rules. The gulf between insiders and outsiders undercuts the instrumental, moral, and expressive efficacy of criminal procedure in serving the criminal law’s substantive goals. The gulf clouds …

The Federal Judicial Power And The International Legal Order, Curtis A. Bradley

Articles

Richard Falk famously argued that domestic courts should operate as "agents of the international order."¹ Recent academic debates over the role of international law in the U.S. legal system, and over the relevance of foreign and international materials in U.S. constitutional interpretation, are at least in part debates about this proposition. Modern variants of Falk's claim can be found in the works of scholars such as Harold Koh, Jennifer Martinez, and Anne-Marie Slaughter.² These and other "internationalist" scholars consider the U.S. judiciary as part of a "global community of courts,"emphasize the values of international cross-fertilization and harmonization, and …

Comparative Domestic Constitutionalism: Rethinking Criminal Procedure Using The Administrative Constitution, John Rappaport

Articles

No abstract provided.

Emergencies And Democratic Failure, Eric A. Posner, Adrian Vermeule

Articles

No abstract provided.

Efficient Trespass: The Case For 'Bad Faith' Adverse Possession, Lee Anne Fennell

Articles

No abstract provided.

Welsh S. White: Dedicated Scholar, Devoted Colleague, And Dear Friend, Albert Alschuler

Articles

No abstract provided.

Lay Persons And Community Values In Reviewing Animal Experimentation, Jeff Leslie

Articles

No abstract provided.

Our Ignorance About Intelligence, Richard A. Epstein

Articles

No abstract provided.

Celebrating Great Lawyering (Reviewing Welsh S. White, Litigating In The Shadow Of Death: Defense Attorneys In Capital Cases, By Welsh S. White (2006)), Albert W. Alschuler

Articles

No abstract provided.

Broken Windows: New Evidence From New York City And A Five-City Social Experiment, Bernard E. Harcourt, Jens Ludwig

Articles

In 1982, James Q. Wilson and George Kelling suggested in an influential article in the Atlantic Monthly that targeting minor disorder could help reduce more serious crime. More than twenty years later, the three most populous cities in the United States-New York, Chicago, and, most recently, Los Angeles-have all adopted at least some aspect of Wilson and Kelling's theory, primarily through more aggressive enforcement of minor misdemeanor laws. Remarkably little, though, is currently known about the effect of broken windows policing on crime. According to a recent National Research Council report, existing research does not provide strong support for the …

Broken Windows: New Evidence From New York City And A Five-City Social Experiment, Bernard E. Harcourt, Jens Ludwig

University of Chicago Law Review

In 1982, James Q. Wilson and George Kelling suggested in an influential article in the Atlantic Monthly that targeting minor disorder could help reduce more serious crime. More than twenty years later, the three most populous cities in the United States-New York, Chicago, and, most recently, Los Angeles-have all adopted at least some aspect of Wilson and Kelling's theory, primarily through more aggressive enforcement of minor misdemeanor laws. Remarkably little, though, is currently known about the effect of broken windows policing on crime. According to a recent National Research Council report, existing research does not provide strong support for the …

Defining Rape: A Means To Achieve Justice In The Special Court For Sierra Leone, Thekla Hansen-Young

Chicago Journal of International Law

The SCSL should adopt a definition of rape that best balances the competing interests of promoting human dignity, gender equality, and victims' rights, on one hand; and providing due process to defendants, on the other hand. Part I of this paper briefly describes the conflict in Sierra Leone and analyzes the relevant SCSL provisions-the Special Court's Statute and Rules of Procedure and Evidence. Part II describes the international precedent developed by the ICTR, ICTY, and ICC. Having explored the provisions and goals of the SCSL and the international precedent, Part III presents several issues the SCSL must consider when choosing …

Force Rules: Un Reform And Intervention, John C. Yoo

Chicago Journal of International Law

This Article has three parts. Part I will discuss the existing legal framework established by the UN Charter governing the use of force. It questions whether this structure has succeeded in regulating state practice, and describes both the proposed reforms and the new international environment that prompted them. Part II criticizes the reforms' response to the rise of rogue nations and international terrorism by emphasizing the legal doctrine of imminence and a recentralization of power in the UN Security Council. It argues that the concept of imminence does not make sense, and should be replaced by a cost-benefit analysis of …

A "Fair And Expeditious" Trial: A Reappraisal Of Slobodan Milosevic's Right To Self-Representation Before The International Criminal Tribunal For The Former Yugoslavia, Constantinos Hotis

Chicago Journal of International Law

This Development analyzes and critiques recent cases on Milosevic's in propria persona defense. Contrary to some arguments that the assignment of counsel will aid the trial process, it contends that the ICTY cannot impose counsel because all of the reasons that it used to justify its ruling are inadequate. This Development specifically argues that the "fair and expeditious" rationale, with its emphasis on judicial management, does not legitimize the Tribunal's decision to retract Milosevic's right to self-representation. In fact, it is a poor proxy for justice and may countervail any type of fairness that the ICTY wishes to achieve in …