Digital Commons Network^™

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 Institute for Law & Economics Research Paper Series

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 Institute for Law & Economics Research Paper Series

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 …

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

Articles

No abstract provided.

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 …

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

Articles

No abstract provided.

Our Ignorance About Intelligence, Richard A. Epstein

Articles

No abstract provided.

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

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 …

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

Articles

No abstract provided.

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.

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 …

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 …

Undue Process: Congressional Referral And Judicial Resistance In The Schiavo Controversy, Adam M. Samaha

Public Law and Legal Theory Working Papers

No abstract provided.

Attention Felons: Evaluating Project Safe Neighborhood In Chicago, Andrew V. Papachristos, Tracey L. Meares, Jeffrey Fagan

Coase-Sandor Institute for Law & Economics Research Paper Series

This research uses a quasi-experimental design to evaluate the impact of Project Safe Neighborhood (PSN) initiatives on neighborhood level crime rates in Chicago. Four interventions are analyzed: (1) increased federal prosecutions for convicted felons carrying or using guns, (2) the length of sentences associated with federal prosecutions, (3) supply-side firearm policing activities, and (4) social marketing of deterrence and social norms messages through justice-style offender notification meetings. Using an individual growth curve models and propensity scores to adjust for non-random group assignment, our findings suggest that several PSN interventions are associated with greater declines of homicide in the treatment neighborhoods …

Disparity: The Normative And Empirical Failure Of The Federal Guidelines, Albert Alschuler

Articles

No abstract provided.

When 2 Or 3 Come Together, Kelsi Brown Corkran, Tracey L. Meares

Public Law and Legal Theory Working Papers

This article investigates policies that are responsive to crime in disadvantaged, urban neighborhoods from a community-based context. The vehicle is an analysis of a community-wide prayer vigil held in Chicago in May of 1997. The vigil resulted from a collaboration between the Chicago Police Department and hundreds of (mostly) African- American churches on Chicago’s West Side. Strikingly, the local police district’s commander facilitated the vigil. We explain the sociological and political significance of this collaboration by drawing upon the “Chicago School” of urban sociology and demonstrating theoretically and empirically the potential for the collaboration, through the integration of key community …

Law School Announcements 2005-2006, Law School Announcements Editors

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Protecting State Interests: Recognition Of The State Government Attorney-Client Privilege, Joel D. Whitley

University of Chicago Law Review

No abstract provided.

Not Proven: Introducing A Third Verdict, Samuel Bray

University of Chicago Law Review

No abstract provided.

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

Public Law and Legal Theory Working Papers

Critics of emergency measures such as the U.S. government’s response to 9/11 invoke the Carolene Products framework, which directs courts to apply strict scrutiny to laws and executive actions that target political or ethnic minorities. The critics suggest that such laws and actions are usually the product of democratic failure, and are especially likely to be so during emergencies. However, the application of the Carolene Products framework to emergencies is questionable. Democratic failure is no more likely during emergencies than during normal times, and courts are in a worse position to correct democratic failures during emergencies than during normal times. …

International Law: A Welfarist Approach, Eric A. Posner

Coase-Sandor Institute for Law & Economics Research Paper Series

This paper evaluates international law from a welfarist perspective. Global welfarism requires that international law advance the well being of everyone in the world, and scholars influenced by global welfarism and similar cosmopolitan principles have advocated radical restructuring of international law. But global welfarism is subject to several constraints, including (1) heterogeneity of preferences of the world population, which produces the state system; (2) agency costs, which produce imperfect governments; and (3) the problem of collective action. These constraints place limits on what policies motivated by global welfarism can achieve, and explain some broad features of international law that otherwise …

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

Coase-Sandor Institute for Law & Economics Research Paper Series

Critics of emergency measures such as the U.S. government's response to 9/11 invoke the Carolene Products framework, which directs courts to apply strict scrutiny to laws and executive actions that target political or ethnic minorities. The critics suggest that such laws and actions are usually the product of democratic failure, and are especially likely to be so during emergencies. However, the application of the Carolene Products framework to emergencies is questionable. Democratic failure is no more likely during emergencies than during normal times, and courts are in a worse position to correct democratic failures during emergencies than during normal times. …

Torture's Truth, Louis Michael Seidman

University of Chicago Law Review

No abstract provided.

James Madison Has Left The Building (Reviewing Constitutional Deliberation In Congress: The Impact Of Judicial Review In A Separated System By J. Mitchell Pickerill), Keith E. Whittington

University of Chicago Law Review

No abstract provided.

Against Prediction: Sentencing, Policing, And Punishing In An Actuarial Age, Bernard E. Harcourt

Public Law and Legal Theory Working Papers

Actuarial methods—i.e. the use of statistical rather than clinical methods on large datasets of criminal offending rates to determine different levels of offending associated with one or more group traits, in order to (1) predict past, present or future criminal behavior and (2) administer a criminal justice outcome—now permeate the criminal law and its enforcement. With the single exception of racial profiling against African- Americans and Hispanics, most people view the turn to the actuarial as efficient, rational, and wealth-maximizing. The fact is, law enforcement agencies can detect more crime with the same resources if they investigate citizens who are …

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

Public Law and Legal Theory Working Papers

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 20 years later, the three most populous cities in the U.S.—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 …