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Articles 391 - 420 of 1312
Full-Text Articles in Entire DC Network
Charging On The Margin, Paul Crane
Charging On The Margin, Paul Crane
Public Law and Legal Theory Working Papers
No abstract provided.
Law And Subjective Well-Being, Thomas S. Ulen
Law And Subjective Well-Being, Thomas S. Ulen
University of Chicago Law Review
No abstract provided.
Hybrid Tribunals And The Composition Of The Court: In Search Of Sociological Legitimacy, Harry Hobbs
Hybrid Tribunals And The Composition Of The Court: In Search Of Sociological Legitimacy, Harry Hobbs
Chicago Journal of International Law
Sociological legitimacy is a critical yet undertheorized element of a successful international criminal tribunal. This Article examines the link between sociological legitimacy and the composition of hybrid courts by analyzing the practice of five international criminal tribunals: the ICC, ICTY, ICTR, SCSL, and the ECCC. It finds that the presence of local judges on international criminal courts offers a firmer normative basis for enhancing their legitimacy among the local community. However, the Article also finds that despite impressive scholarly efforts to demystify the “homogenous” international community, international judges are not sufficiently particularized. The solution I offer is both principled and …
Impossible To Regulate: Social Media, Terrorists, And The Role For The U.N., Paulina Wu
Impossible To Regulate: Social Media, Terrorists, And The Role For The U.N., Paulina Wu
Chicago Journal of International Law
The posting of journalist beheadings online and the arrests of numerous nationals attempting to join terrorist organizations have shown that terrorists are increasingly using social media to spread ideology and recruit members. The popularity of social media around the world provides a huge potential audience for terrorist content. Unfortunately, because of states' inability to cooperate, previous attempts to govern and police the Internet have failed. Any regulation of the Internet or social media also raises collective action problems and baseline definition issues. The U.N. is not in the position to pass a binding treaty or convention because use of social …
An Efficient Anticorruption Sanctions Regime? The Case Of The World Bank, Tina Søreide, Linda Gröning, Rasmus Wandall
An Efficient Anticorruption Sanctions Regime? The Case Of The World Bank, Tina Søreide, Linda Gröning, Rasmus Wandall
Chicago Journal of International Law
With its sanctions regime, the World Bank has sent a clear message to client governments and suppliers that it will not tolerate corruption. However, as this Article argues, with its present design, the sanctions regime at the same time runs counter to the World Bank’s own development agenda. Thus, the regime will have limited effect in protecting funds for development, reducing corruption risks, promoting the integrity and functionality of markets, and strengthening domestic law enforcement institutions. A key problem is that efforts to strengthen law enforcement at the national level are too limited. The sanctions primarily target private suppliers, while …
The Overlooked Benefits Of The Blackstone Principle, Jonathan Masur, John Bronsteen
The Overlooked Benefits Of The Blackstone Principle, Jonathan Masur, John Bronsteen
Articles
No abstract provided.
Legal Realism And Legal Doctrine, Brian Leiter
Legal Realism And Legal Doctrine, Brian Leiter
Public Law and Legal Theory Working Papers
No abstract provided.
Second-Order Regulation Of Law Enforcement, John Rappaport
Second-Order Regulation Of Law Enforcement, John Rappaport
Public Law and Legal Theory Working Papers
This Article interrogates a critical, yet understudied, regulatory design choice the Supreme Court makes in each criminal case raising constitutional questions about law-enforcement conduct: not what the Constitution requires but how to implement its requ
Nietzsche And Moral Psychology, Daniel Telech, Brian Leiter
Nietzsche And Moral Psychology, Daniel Telech, Brian Leiter
Public Law and Legal Theory Working Papers
No abstract provided.
State Regulation And The Necessary And Proper Clause, William Baude
State Regulation And The Necessary And Proper Clause, William Baude
Articles
No abstract provided.
Second-Order Regulation Of Law Enforcement, John Rappaport
Second-Order Regulation Of Law Enforcement, John Rappaport
Articles
No abstract provided.
Unbundling Criminal Trial Rights, John Rappaport
Unbundling Criminal Trial Rights, John Rappaport
Public Law and Legal Theory Working Papers
No abstract provided.
Normativity For Naturalists, Brian Leiter
Normativity For Naturalists, Brian Leiter
Public Law and Legal Theory Working Papers
Normativity is thought to be a problem for naturalists because the explanatory modalities of the empirical sciences do not make any reference to deontic or normative properties related to reasons, as distinct from nomic or descriptive ones. Naturalistic e
Punitive Police? Agency Costs, Law Enforcement, And Criminal Procedure, Richard H. Mcadams, Dhammika Dharmapala, Nuno Garoupa
Punitive Police? Agency Costs, Law Enforcement, And Criminal Procedure, Richard H. Mcadams, Dhammika Dharmapala, Nuno Garoupa
Coase-Sandor Institute for Law & Economics Research Paper Series
Criminal law enforcement depends on the actions of public agents such as police officers, but there is no standard economic model of police as public agents. We seek to remedy this deficiency by offering an agency model of police behavior. We begin by exp
Agency Slack And The Design Of Criminal Justice Institutions, Aziz Huq
Agency Slack And The Design Of Criminal Justice Institutions, Aziz Huq
Public Law and Legal Theory Working Papers
No abstract provided.
Judicial Independence And The Rationing Of Constitutional Remedies, Aziz Huq
Judicial Independence And The Rationing Of Constitutional Remedies, Aziz Huq
Public Law and Legal Theory Working Papers
This Article analyzes the doctrinal instruments federal courts use to allocate scarce adjudicative resources over competing demands for constitutional remedies. It advances two claims. The first is that a central, hitherto underappreciated, doctrinal instrument for rationing judicial resources is a demand that most constitutional claimants demonstrate that an official violated an exceptionally clear, unambiguous constitutional rule—that is, not only that the Constitution was violated, but that the violation evinced a demanding species of fault. This fault rule first emerged in constitutional tort jurisprudence. It has diffused to the suppression and postconviction review contexts. The Article’s second claim is that …
The Difficulties Of Democratic Mercy, Aziz Huq
The Difficulties Of Democratic Mercy, Aziz Huq
Public Law and Legal Theory Working Papers
No abstract provided.
Restructuring Clemency: The Cost Of Ignoring Clemency And A Plan For Renewal, Rachel E. Barkow, Mark Osler
Restructuring Clemency: The Cost Of Ignoring Clemency And A Plan For Renewal, Rachel E. Barkow, Mark Osler
University of Chicago Law Review
No abstract provided.
The Child Quasi Witness, Richard D. Friedman, Stephen J. Ceci
The Child Quasi Witness, Richard D. Friedman, Stephen J. Ceci
University of Chicago Law Review
No abstract provided.
Programming Errors: Understanding The Constitutionality Of Stop-And-Frisk As A Program, Not An Incident, Tracey L. Meares
Programming Errors: Understanding The Constitutionality Of Stop-And-Frisk As A Program, Not An Incident, Tracey L. Meares
University of Chicago Law Review
No abstract provided.
Two More Ways Not To Think About Privacy And The Fourth Amendment, David Alan Sklansky
Two More Ways Not To Think About Privacy And The Fourth Amendment, David Alan Sklansky
University of Chicago Law Review
No abstract provided.
Juvenile-Sex-Offender Registration: An Impermissible Life Sentence, Robin Walker Sterling
Juvenile-Sex-Offender Registration: An Impermissible Life Sentence, Robin Walker Sterling
University of Chicago Law Review
No abstract provided.
How The Fourth Amendment And The Separation Of Powers Rise (And Fall) Together, Aziz Z. Huq
How The Fourth Amendment And The Separation Of Powers Rise (And Fall) Together, Aziz Z. Huq
University of Chicago Law Review
This Essay explores an entanglement of ends and means between two seem-ingly disparate parts of the Constitution: the Fourth Amendment and the separation of powers. Not only do these two elements of the Constitution share a common ambition; they are also intertwined in practical operation. The vindication of Fourth Amendment interests, however defined, depends on a measure of institutional differentiation between the branches of government. That predicate, however, has eroded over time. In its absence, difficult questions arise about how Fourth Amendment values are best implemented and whether their realization will in the end hinge on private rather than on …
Criminal Corruption: Why Broad Definitions Of Bribery Make Things Worse, Albert W. Alschuler
Criminal Corruption: Why Broad Definitions Of Bribery Make Things Worse, Albert W. Alschuler
Articles
No abstract provided.
Unbundling Criminal Trial Rights, John Rappaport
Legal Scholarship For Judges, Diane P. Wood
Following The Script: Narratives Of Suspicion In "Terry" Stops In Street Policing, Jeffrey Fagan, Amanda Geller
Following The Script: Narratives Of Suspicion In "Terry" Stops In Street Policing, Jeffrey Fagan, Amanda Geller
University of Chicago Law Review
No abstract provided.
Unbundling Criminal Trial Rights, John Rappaport
Unbundling Criminal Trial Rights, John Rappaport
University of Chicago Law Review
No abstract provided.
The American Death Penalty And The (In)Visibility Of Race, Carol S. Steiker, Jordan M. Steiker
The American Death Penalty And The (In)Visibility Of Race, Carol S. Steiker, Jordan M. Steiker
University of Chicago Law Review
No abstract provided.
Criminal Corruption: Why Broad Definitions Of Bribery Make Things Worse, Albert W. Alschuler
Criminal Corruption: Why Broad Definitions Of Bribery Make Things Worse, Albert W. Alschuler
Public Law and Legal Theory Working Papers
No abstract provided.