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Hail Yale Tribute: Yale Kamisar, Albert Alschuler Jan 2004

Hail Yale Tribute: Yale Kamisar, Albert Alschuler

Articles

No abstract provided.


Note, Underenfranchisement: Black Voters And The Presidential Nomination Process, Justin Driver Jan 2004

Note, Underenfranchisement: Black Voters And The Presidential Nomination Process, Justin Driver

Articles

No abstract provided.


Optimal War And Jus Ad Bellum, Eric A. Posner, Alan O. Sykes Jan 2004

Optimal War And Jus Ad Bellum, Eric A. Posner, Alan O. Sykes

Articles

The laws of war forbid states to use force against each other except in self-defense or with the authorization of the United Nations Security Council. Self-defense is usually understood to mean self-defense against an imminent threat. We model the decisions of states to use force against "rogue" states and argue that under certain conditions, it may be proper to expand the self-defense exception to preemptive self-defense. We also consider related issues such as humanitarian intervention, collective security, and the role of the Security Council.


Book Review, Terrorism, Freedom, And Security By Philip B. Heymann, Nicholas Stephanopoulos Jan 2004

Book Review, Terrorism, Freedom, And Security By Philip B. Heymann, Nicholas Stephanopoulos

Articles

No abstract provided.


Rethinking Racial Profiling: A Critique Of The Economics, Civil Liberties, And Constitutional Literature, And Of Criminal Profiling More Generally, Bernard E. Harcourt Jan 2004

Rethinking Racial Profiling: A Critique Of The Economics, Civil Liberties, And Constitutional Literature, And Of Criminal Profiling More Generally, Bernard E. Harcourt

Articles

No abstract provided.


National Security, Liberty, And The D.C. Circuit Recent Decisions Of The United States Court Of Appeals For The District Of Columbia Circuit, Cass R. Sunstein Jan 2004

National Security, Liberty, And The D.C. Circuit Recent Decisions Of The United States Court Of Appeals For The District Of Columbia Circuit, Cass R. Sunstein

Articles

No abstract provided.


Nationalizing International Criminal Law: The International Criminal Court As A Roving Mixed Court, Jenia Iontcheva Jan 2004

Nationalizing International Criminal Law: The International Criminal Court As A Roving Mixed Court, Jenia Iontcheva

Public Law and Legal Theory Working Papers

No abstract provided.


Rethinking Racial Profiling: A Critique Of The Economics, Civil Liberties, And Constitutional Literature And Of Criminal Profiling More Generally, Bernard E. Harcourt Nov 2003

Rethinking Racial Profiling: A Critique Of The Economics, Civil Liberties, And Constitutional Literature And Of Criminal Profiling More Generally, Bernard E. Harcourt

Public Law and Legal Theory Working Papers

New data on highway stops and searches from across the country have spawned renewed debate over racial profiling on the roads. The new data reveal consistently disproportionate searches of minority motorists, but, very often, an equal or lower general success rate—or “hit rate”—associated with those searches. Economists are developing new models of racial profiling to test whether the data are consistent with policing efficiency or racial prejudice, and argue that equal hit rates reflect that the police are maximizing the success rate of their searches. Civil liberties advocates are scrutinizing the same data and, in most cases, reaching opposite conclusions. …


Law School Announcements 2003-2004, Law School Announcements Editors Oct 2003

Jurisdictional Wrangling: Us Military Troops Overseas And The Death Penalty, Alyssa K. Dragnich Sep 2003

Jurisdictional Wrangling: Us Military Troops Overseas And The Death Penalty, Alyssa K. Dragnich

Chicago Journal of International Law

The current deployments of military forces to Iraq and Afghanistan have caught the attention of the American public, but many Americans forget that large numbers of their fellow citizens are also stationed elsewhere around the world, serving in uniform. These servicemembers had been stationed overseas before Operation IRAQI FREEDOM began, and they will remain there long after that conflict has ended. These men and women face special circumstances: they are US citizens, subject to the laws of the United States and the US military. But at the same time, they are living in another country and are also subject to …


Lawyering For Uncle Sam When He Draws His Sword, William George Eckhardt Sep 2003

Lawyering For Uncle Sam When He Draws His Sword, William George Eckhardt

Chicago Journal of International Law

For 228 years, uniformed lawyers have been providing legal advice to commanders. They have used their legal skill, their sense of social organization, and their understanding of military history and tradition to assist in the formulation of sound discipline, governance, and policy. The unique contribution martial law has made to our country's dedication to the rule of law is a heritage worth celebrating. The purpose of this essay is to discuss this heritage so that one may appreciate the current state of the practice of military law. It includes an exploration of the theoretical conflict between law and armed force; …


Law School Record, Vol. 50, No. 1 (Fall 2003), Law School Record Editors Sep 2003

Compensating Victims Of Police-Fabricated Confessions, Mitchell P. Schwartz Jun 2003

Compensating Victims Of Police-Fabricated Confessions, Mitchell P. Schwartz

University of Chicago Law Review

No abstract provided.


Revised Sentencing Guidelines And The Ex Post Facto Clause, William P. Ferranti Jun 2003

Revised Sentencing Guidelines And The Ex Post Facto Clause, William P. Ferranti

University of Chicago Law Review

No abstract provided.


Lives, Life-Years, And Willingness To Pay, Cass R. Sunstein Jun 2003

Lives, Life-Years, And Willingness To Pay, Cass R. Sunstein

Coase-Sandor Institute for Law & Economics Research Paper Series

In protecting safety, health, and the environment, government has increasingly relied on cost-benefit analysis. In undertaking cost-benefit analysis, the government has monetized risks of death through the idea of "value of a statistical life" (VSL), currently assessed at about $6.1 million. Many analysts, however, have suggested that the government should rely instead on the "value of a statistical life year" (VSLY), in a way that would likely result in significantly lower benefits calculations for elderly people, and significantly higher benefits calculations for children. I urge that the government should indeed focus on statistical life-years rather than statistical lives. A program …


The American Jury Project And The Chicago Law School, Franklin E. Zimring May 2003

The American Jury Project And The Chicago Law School, Franklin E. Zimring

Fulton Lectures

No abstract provided.


Using The Military At Home: Yesterday, Today, And Tomorrow, Richard H. Kohn Apr 2003

Using The Military At Home: Yesterday, Today, And Tomorrow, Richard H. Kohn

Chicago Journal of International Law

Today the United States is undergoing a great transformation in national security thinking and priorities. Between the end of the Cold War in 1989 and the collapse of the Soviet Union in 1991, the country began to abandon the policy of containment and the strategy of deterrence that had governed American relations with the rest of the world for over four decades. For only the fourth time in its national history, the United States has been changing its national security policies and reconfiguring its military institutions to adapt to a new role in world politics. Once again, for a variety …


Terrorism, State Responsibility, And The Use Of Military Force, Greg Travalio, John Altenburg Apr 2003

Terrorism, State Responsibility, And The Use Of Military Force, Greg Travalio, John Altenburg

Chicago Journal of International Law

We have been told on countless occasions that we are at war against international terrorism. Casualties, both civilian and military, mount in this war-the most noteworthy terrorist attack produced more casualties than the attack on Pearl Harbor. Our military forces are engaged in a multitude of ways, from direct combat overseas, to advising friendly governments and their militaries, to assisting domestic law enforcement. We are advised that this war, like the Cold War before it, will be a long and difficult struggle. But if we are at war, it is a very different kind of war. Our enemies are not …


Law School Record, Vol. 49, No. 2 (Spring 2003), Law School Record Editors Mar 2003

Transitional Justice As Ordinary Justice, Eric A. Posner, Adrian Vermeule Mar 2003

Transitional Justice As Ordinary Justice, Eric A. Posner, Adrian Vermeule

Public Law and Legal Theory Working Papers

No abstract provided.


Lawyers And Truth-Telling, Albert Alschuler Jan 2003

Lawyers And Truth-Telling, Albert Alschuler

Articles

No abstract provided.


Common Law, Common Ground, And Jefferson's Principle, David A. Strauss Jan 2003

Common Law, Common Ground, And Jefferson's Principle, David A. Strauss

Articles

No abstract provided.


The Changing Purposes Of Criminal Punishment: A Retrospective On The Last Century And Some Thoughts About The Next, Albert Alschuler Jan 2003

The Changing Purposes Of Criminal Punishment: A Retrospective On The Last Century And Some Thoughts About The Next, Albert Alschuler

Articles

No abstract provided.


Straining At Gnats And Swallowing Camels: The Selective Morality Of Professor Bibas, Albert W. Alschuler Jan 2003

Straining At Gnats And Swallowing Camels: The Selective Morality Of Professor Bibas, Albert W. Alschuler

Articles

No abstract provided.


The Missed Opportunity In Gault, Emily Buss Jan 2003

The Missed Opportunity In Gault, Emily Buss

Articles

No abstract provided.


Cybertrespass, Richard A. Epstein Jan 2003

Cybertrespass, Richard A. Epstein

Articles

No abstract provided.


Transitional Justice As Ordinary Justice, Eric A. Posner, Adrian Vermeule Jan 2003

Transitional Justice As Ordinary Justice, Eric A. Posner, Adrian Vermeule

Articles

No abstract provided.


The Shaping Of Chance: Actuarial Models And Criminal Profiling At The Turn Of The Twenty-First Century, Bernard E. Harcourt Jan 2003

The Shaping Of Chance: Actuarial Models And Criminal Profiling At The Turn Of The Twenty-First Century, Bernard E. Harcourt

Articles

No abstract provided.


The Changing Purposes Of Criminal Punishment: A Retrospective On The Past Century And Some Thoughts About The Next, Albert W. Alschuler Jan 2003

The Changing Purposes Of Criminal Punishment: A Retrospective On The Past Century And Some Thoughts About The Next, Albert W. Alschuler

University of Chicago Law Review

No abstract provided.


The Self-Defeating International Criminal Court, Jack Goldsmith Jan 2003

The Self-Defeating International Criminal Court, Jack Goldsmith

University of Chicago Law Review

No abstract provided.