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Northwestern Pritzker School of Law

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Legal Realism Explains Nothing, Anthony D'Amato Jan 2010

Legal Realism Explains Nothing, Anthony D'Amato

Faculty Working Papers

I argue that American legal realism as derived from Oliver Wendell Holmes's prediction theory of law was misinterpreted, and that a deeper examination of law-as-prediction might help to reduce the pathology of judicial lawmaking that has been the unfortunate consequence of legal realism.


Human Rights As Part Of Customary International Law:A Plea For Change Of Paradigms, Anthony D'Amato Jan 2010

Human Rights As Part Of Customary International Law:A Plea For Change Of Paradigms, Anthony D'Amato

Faculty Working Papers

The question for us international lawyers is how, and how much of, public sentiment for human rights has been transformed into binding international law.


Strategic Globalization: International Law As An Extension Of Domestic Political Conflict, Jide Nzelibe Jan 2010

Strategic Globalization: International Law As An Extension Of Domestic Political Conflict, Jide Nzelibe

Faculty Working Papers

Traditional accounts in both the international law and international relations literature largely assume that great powers like the United States enter into international legal commitments in order to resolve global cooperative problems or to advance objective state interests. Contrary to these accounts, this Article suggests that an incumbent regime (or partisan elites within the regime) may often seek to use international legal commitments to overcome domestic obstacles to their narrow policy and electoral objectives. In this picture, an incumbent regime may deploy international law to expand the geographical scope of political conflict across borders in order to isolate the domestic …


Why Accommodate? Reflections On The Gay Marriage Culture Wars, Maggie Gallagher Jan 2010

Why Accommodate? Reflections On The Gay Marriage Culture Wars, Maggie Gallagher

Northwestern Journal of Law & Social Policy

If same-sex marriage is a basic right, then why accommodate opposing views? This Article proposes four potential types of reasons why citizens, legislators, and/or judges who endorse gay marriage should consider accommodating those with opposing views on marriage: practical, civic, moral sympathy, and principle. It argues that the most urgent need is to develop the argument arguments from civic good and moral sympathy, such as those which have undergirded conscience protections for abortion.The Article further explains why people from traditional faith communities reasonably fear that same-sex marriage will be used as a weapon to repress religious and moral dissent and …


Judicial Politics And International Investment Arbitration: Seeking An Explanation For Conflicting Outcomes, David Schneiderman Jan 2010

Judicial Politics And International Investment Arbitration: Seeking An Explanation For Conflicting Outcomes, David Schneiderman

Northwestern Journal of International Law & Business

In taking on the controversial debate over the role of state attorneys general in antitrust enforcement, the article draws upon recent legal and historical scholarship on federalism to argue that globalization requires a paradigm change in concepts of U.S. federalism. While many assume that increasing international economic integration makes state participation in economic regulation with international implications inherently problematic, the article demonstrates that, to the contrary, states have an important role to play in the regulation of international business. States have a long history of challenging the federal government in a way that has promoted a robust national dialogue on …


Coping With Uncertainty: The Role Of Contracts In Russian Industry During The Transition To The Market, Kathryn Hendley Jan 2010

Coping With Uncertainty: The Role Of Contracts In Russian Industry During The Transition To The Market, Kathryn Hendley

Northwestern Journal of International Law & Business

In the decade following the collapse of the Soviet Union, Russia earned a reputation for being a chaotic environment for business. Some commentators went so far as to label it as the "Wild East," a scary place where law was largely irrelevant and criminal gangs held sway. In a series of articles, I have begun to fill this gap in the literature by exploring the day-to-day reality of life for industrial enterprises in Yeltsin's Russia. The picture that emerges is more nuanced than the stereotype of industry beholden to the mafia that the popular media has perpetuated. In this article, …


Rights As Footprints: A New Metaphor For Contemporary Human Rights Practice, Katharine Young, Jeremy Perelman Jan 2010

Rights As Footprints: A New Metaphor For Contemporary Human Rights Practice, Katharine Young, Jeremy Perelman

Northwestern Journal of Human Rights

As the discourse of human rights becomes ever more widespread, the analysis of contemporary human rights practice must contend with its pluralistic and contradictory features. In this Article, we introduce the metaphor of rights as "footprints." We suggest that this metaphor captures the expressive and constitutive role of rights, and provides a critical tool with which to understand the accomplishments of the human rights field. In doing so, we document a right-to-health campaign in Accra, Ghana, which sought to end the human rights infringements that arose from the financing of health care through user fees. These infringements occurred when public …


Should New Bills Of Rights Address Emerging International Human Rights Norms? The Challenge Of "Defamation Of Religion", Robert C. Blitt Jan 2010

Should New Bills Of Rights Address Emerging International Human Rights Norms? The Challenge Of "Defamation Of Religion", Robert C. Blitt

Northwestern Journal of Human Rights

The emerging international human rights norm of "defamation of religion," an ongoing flashpoint in debates at the United Nations (UN) and elsewhere, merits the attention of all parties playing a role in the drafting of new bills of rights. This article uses the case study of defamation of religion, as an emerging norm and the current debate over a possible Australian bill of rights, to argue that a well-rounded drafting process. This drafting process should contemplate the relevancy and impact of emerging norms as a means of enhancing the process, deepening domestic understanding of rights, and ensuring an outcome instrument …


A Century Of Criminal Law And Criminology, Amy Deline Jan 2010

A Century Of Criminal Law And Criminology, Amy Deline

Journal of Criminal Law and Criminology

No abstract provided.


Centennial Symposium: A Century Of Criminal Justice - Foreword, Julia T. Rickert Jan 2010

Centennial Symposium: A Century Of Criminal Justice - Foreword, Julia T. Rickert

Journal of Criminal Law and Criminology

No abstract provided.


A Short History Of American Sentencing: Too Little Law, Too Much Law, Or Just Right, Nancy Gertner Jan 2010

A Short History Of American Sentencing: Too Little Law, Too Much Law, Or Just Right, Nancy Gertner

Journal of Criminal Law and Criminology

No abstract provided.


Two Wrongs Make A Wrong: A Challenge To Plea Bargaining And Collateral Consequence Statutes Through Their Integration, Kevin O'Keefe Jan 2010

Two Wrongs Make A Wrong: A Challenge To Plea Bargaining And Collateral Consequence Statutes Through Their Integration, Kevin O'Keefe

Journal of Criminal Law and Criminology

No abstract provided.


Reforming The Law On Show-Up Identifications, Michael D. Cicchini, Joseph G. Easton Jan 2010

Reforming The Law On Show-Up Identifications, Michael D. Cicchini, Joseph G. Easton

Journal of Criminal Law and Criminology

No abstract provided.


Cultural Defense, Cultural Offense, Or No Culture At All: An Empirical Examination Of Israeli Judicial Decisions In Cultural Conflict Criminal Cases And Of The Factors Affecting Them, Tamar Tomer-Fishman Jan 2010

Cultural Defense, Cultural Offense, Or No Culture At All: An Empirical Examination Of Israeli Judicial Decisions In Cultural Conflict Criminal Cases And Of The Factors Affecting Them, Tamar Tomer-Fishman

Journal of Criminal Law and Criminology

No abstract provided.


The Modern Irrationalities Of American Criminal Codes: An Empirical Study Of Offense Grading, Paul H. Robinson, Thomas Gaeta, Matthew Majarian, Megan Schultz Jan 2010

The Modern Irrationalities Of American Criminal Codes: An Empirical Study Of Offense Grading, Paul H. Robinson, Thomas Gaeta, Matthew Majarian, Megan Schultz

Journal of Criminal Law and Criminology

No abstract provided.


Offending Women: A Double Entendre, Joanne Belknap Jan 2010

Offending Women: A Double Entendre, Joanne Belknap

Journal of Criminal Law and Criminology

No abstract provided.


Bill Clinton's Parting Pardon Party, Albert W. Alschuler Jan 2010

Bill Clinton's Parting Pardon Party, Albert W. Alschuler

Journal of Criminal Law and Criminology

No abstract provided.


Reflections And Perspectives On Reentry And Collateral Consequences, Michael Pinard Jan 2010

Reflections And Perspectives On Reentry And Collateral Consequences, Michael Pinard

Journal of Criminal Law and Criminology

No abstract provided.


The Scale Of Imprisonment In The United States: Twentieth Century Patterns And Twenty-First Century Prospects, Franklin E. Zimring Jan 2010

The Scale Of Imprisonment In The United States: Twentieth Century Patterns And Twenty-First Century Prospects, Franklin E. Zimring

Journal of Criminal Law and Criminology

No abstract provided.


A Century Of Criminal Law And Criminology, Amy Deline, Adair Crosley Jan 2010

A Century Of Criminal Law And Criminology, Amy Deline, Adair Crosley

Journal of Criminal Law and Criminology

No abstract provided.


The Rise And Fall Of The American Institute Of Criminal Law And Criminology, Jennifer Devroye Jan 2010

The Rise And Fall Of The American Institute Of Criminal Law And Criminology, Jennifer Devroye

Journal of Criminal Law and Criminology

No abstract provided.


Provoking Change: Comparative Insights On Feminist Homicide Law Reform, Carolyn B. Ramsey Jan 2010

Provoking Change: Comparative Insights On Feminist Homicide Law Reform, Carolyn B. Ramsey

Journal of Criminal Law and Criminology

No abstract provided.


Learning From Error In American Criminal Justice, James M. Doyle Jan 2010

Learning From Error In American Criminal Justice, James M. Doyle

Journal of Criminal Law and Criminology

No abstract provided.


The Undermining Influence Of The Federal Death Penalty On Capital Policymaking And Criminal Justice Administration In The States, Eileen M. Connor Jan 2010

The Undermining Influence Of The Federal Death Penalty On Capital Policymaking And Criminal Justice Administration In The States, Eileen M. Connor

Journal of Criminal Law and Criminology

No abstract provided.


Denying Defendants The Benefit Of A Reasonable Doubt: Federal Rule Of Evidence 609 And Past Sex Crime Convictions, Julia T. Rickert Jan 2010

Denying Defendants The Benefit Of A Reasonable Doubt: Federal Rule Of Evidence 609 And Past Sex Crime Convictions, Julia T. Rickert

Journal of Criminal Law and Criminology

No abstract provided.


When The Law Preserves Injustice: Issues Raised By A Wrongful Incarceration Exception To Attorney-Client Confidentiality, Inbal Hasbani Jan 2010

When The Law Preserves Injustice: Issues Raised By A Wrongful Incarceration Exception To Attorney-Client Confidentiality, Inbal Hasbani

Journal of Criminal Law and Criminology

No abstract provided.


A Reason To Doubt: The Suppression Of Evidence And The Inference Of Innocence, Cynthia E. Jones Jan 2010

A Reason To Doubt: The Suppression Of Evidence And The Inference Of Innocence, Cynthia E. Jones

Journal of Criminal Law and Criminology

No abstract provided.


Catch And Release: Procedural Unfairness On Primetime Television And The Perceived Legitimacy Of The Law, Thomas Gaeta Jan 2010

Catch And Release: Procedural Unfairness On Primetime Television And The Perceived Legitimacy Of The Law, Thomas Gaeta

Journal of Criminal Law and Criminology

No abstract provided.


Can't Buy A Thrill: Substantive Due Process, Equal Protection, And Criminalizing Sex Toys, Richard Glover Jan 2010

Can't Buy A Thrill: Substantive Due Process, Equal Protection, And Criminalizing Sex Toys, Richard Glover

Journal of Criminal Law and Criminology

No abstract provided.


Police Checkpoints: Lack Of Guidance From The Supreme Court Contributes To Disregard Of Civil Liberties In The District Of Columbia, Jason Fiebig Jan 2010

Police Checkpoints: Lack Of Guidance From The Supreme Court Contributes To Disregard Of Civil Liberties In The District Of Columbia, Jason Fiebig

Journal of Criminal Law and Criminology

No abstract provided.