Digital Commons Network^™

Punishment Purposes, Richard Frase

Articles

No abstract provided.

Sentencing Guidelines In Minnesota, 1978-2003, Richard Frase

Articles

This article examines the origins, purposes, evolution, and impact of Minnesota's pioneering sentencing guidelines reform. The Guidelines, related sentencing laws, and charging and sentencing practices have evolved considerably since 1980, and so have Minnesota's reform goals. Most of these goals have been achieved: sentences are more uniform and proportionate; policy formulation is more systematic and informed by data; sentencing has been coordinated with available correctional resources, avoiding prison overcrowding and ensuring that space is available to hold the most serious offenders; "truth in sentencing" has been achieved; custodial sanctions have been used sparingly; and the Guidelines remain fairly simple to …

How Earl Warren's Twenty-Two Years In Law Enforcement Affected His Work As Chief Justice, Yale Kamisar

Articles

Before becoming governor of California, Earl Warren had spent his entire legal career, twenty-two years, in law enforcement. Professor Kamisar maintains that this experience significantly influenced Warren's work as a Supreme Court justice and gave him a unique perspective into police interrogation and other police practices. This article discusses some of Warren's experiences in law enforcement and searches for evidence of that experience in Warren's opinions. For example, when Warren was head of the Alameda County District Attorney's Office, he and his deputies not only relied on confessions in many homicide cases but also themselves interrogated homicide suspects. The seeds …

Teaching Ethics/Doing Justice, Anthony V. Alfieri

Articles

No abstract provided.

War Fever, Geoffrey R. Stone

Articles

No abstract provided.

In Defense Of The 'Old' Public Health: The Legal Framework For The Regulation Of Public Health, Richard A. Epstein

Articles

The traditional forms of public health law were directed largely toward communicable diseases and other externalities, such as pollution, with negative health impacts. The more modern view treats any health issue as one of public health so long as it affects large numbers of individuals, and this definition includes such matters as obesity and diabetes. This paper examines the historical and constitutional evolution of the public health principle as it moved from the narrower to the broader conception. It then argues that the narrower principle better defines the appropriate scope of coercive government intervention than the broader definition, which could …

On Gun Registration, The Nra, Adolf Hitler, And Nazi Gun Laws: Exploding The Gun Culture Wars (A Call To Historians), 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

Articles

No abstract provided.

The Unknown Past Of Lawrence V. Texas, Dale Carpenter

Articles

On the night of September 17, 1998, someone called the police to report that a man was going crazy with a gun inside a Houston apartment. When Harris County sheriff's deputies entered the apartment they found no person with a gun but did witness John Lawrence and Tyron Garner having anal sex. This violated the Texas Homosexual Conduct law,3 and the deputies hauled them off to jail for the night. Lawyers took the men's case to the Supreme Court and won a huge victory for gay rights.

The Sub-Commission's Initiative On Human Rights And Intellectual Property, David Weissbrodt, Kell Schoff

Articles

In 2000 the United Nations Sub-Commission on the Promotion and Protection of Human Rights adopted a resolution raising concerns about the consistency of international intellectual property protections and human rights norms. This article summarises human rights norms relevant to intellectual property and the pertinent aspects of the Agreement on Trade-Related Aspects of Intellectual Property Rights, which overlap or potentially conflict. The article provides several examples of potential conflict and how they might be resolved. The article demonstrates that the Sub-Commission resolution helped to initiate a major international discussion and some action on the relationship between human rights and intellectual property.

The Anti-Emergency Constitution, Laurence H. Tribe, Patrick O. Gudridge

Articles

No abstract provided.

Terrorism, Security, And Environmental Protection, Stephen M. Johnson

Articles

Part I of this Article examines the post-September 11 trend of reduced access to environmental, health, and safety information. Part II introduces the tools that governments might use to protect the environment while protecting homeland security, including planning and information disclosure, command and control measures, and pollution prevention measures. Part II also criticizes the reliance on command and control measures as the primary means of addressing the security issues created by businesses that engage in activities that could harm the environment, health, or safety. Part III explores the advantages of planning and information disclosure programs over command and control programs …

Seven Habits Of A Highly Effective Scholar, Jerold H. Israel

Articles

Yale Kamisar has been my friend and colleague for almost forty years now, and my first inclination was to write about those relationships, which have meant so much to me. But I know that other friends and colleagues participating in this tribute issue can bring to the description of those relationships far greater skill and far greater eloquence. I have been Yale's coauthor for roughly thirty-five years on his professional "pride and joy" - Modern Criminal Procedure' - and that is another relationship that I could describe with warmth and affection. But Wayne LaFave, who has shared this same role, …

Why I Write (And Why I Think Law Professors Generally Should Write), Yale Kamisar

Articles

As my colleague James Boyd White has observed, It may look as though we are all doing the same thing, as we huddle over our typewriters or computers, producing work called articles or books, but we are in fact often doing very different things, and I think it is important to recognize and value these differences, in ourselves and in others. There are not only differences in what we write but in whom it is that we write for. Unlike Professor White,2 I usually write as professional to professional. Again, unlike Professor White,3 I am fairly comfortable with "the voice …

Vanishing Vaccinations: Why Are So Many Americans Opting Out Of Vaccinating Their Children?, Steve P. Calandrillo

Articles

Part I of this Article details the historical development and medical achievements made possible by vaccines. From Edward Jenner to Jonas Salk to Albert Sabin, immense strides have been made in eradicating or substantially eliminating some of the worst diseases in human history. Smallpox, polio, measles, mumps, rubella, diphtheria, pertussis, tetanus, influenza, hepatitis A and B, and even the chicken pox are all now largely preventable.

Literally hundreds of millions of deaths have been avoided and many more lives markedly improved, to say nothing of the financial ramifications for the American healthcare system. All fifty states have therefore enacted compulsory …

Religious Institutions, The No-Harm Doctrine, And The Public Good, Marci A. Hamilton

Articles

No abstract provided.

Dignity And Desert In Punishment Theory, Kyron J. Huigens

Articles

No abstract provided.

A Wide-Band Shorted Planar Monopole With Bevel, Max Ammann, Zhi Ning Chen

Articles

A new wide-band shorted planar monopole with a bevel is presented. The numerical simulations and measurements demonstrate that the impedance bandwidth of a wide-band planar square monopole is shown to increase dramatically by combining bevelling and a shorting technique. The radiation pattern stability is also discussed.

Abraham Lincoln's First Amendment, Geoffrey R. Stone

Articles

As we confront the challenges of the "War on Terrorism," it is useful to look back at our own history to understand how in past crises we have struck the balance between liberty and security. In this Essay, Professor Geoffrey Stone considers how Abraham Lincoln dealt with the conflict between free expression and military necessity during the course of the Civil War. Although we tend to think of Lincoln's suspension of habeas corpus as the paramount civil liberties issue in this era (apart from slavery), Professor Stone explores how Lincoln, facing often severe criticism of his administration, struggled to balance …

The Missed Opportunity In Gault, Emily Buss

Articles

No abstract provided.

Social Norms From Close-Knit Groups To Loose-Knit Groups, Lior Strahilevitz

Articles

No abstract provided.

Accommodating Emergencies, Eric A. Posner, Adrian Vermeule

Articles

No abstract provided.

Judge Learned Hand And The Espionage Act Of 1917: A Mystery Unraveled, Geoffrey R. Stone

Articles

No abstract provided.

Human Rights Approach To Intellectual Property Protection: The Genesis And Application Of Sub-Commission Resolution 2000/7, David Weissbrodt, Kell Schoff

Articles

On August 17, 2000, the United Nations Sub-Commission on the Promotion and Protection of Human Rights (the Sub- Commission) adopted Resolution 2000/7, entitled Intellectual Property Rights and Human Rights .1 This resolution signified the Sub-Commission s belief that international intellectual property regimes were not adequately accounting for human rights norms.2 Resolution 2000/7 called on U.N. Member States, intergovernmental bodies, and various U.N. entities to reaffirm their commitments toward the achievement of international human rights norms, adopt a human rights approach to the development of international intellectual property regimes, and further study the interaction between intellectual property protection and human rights.3

Public Welfare And The Role Of The Wto: Reconsidering The Trips Agreement, Ruth Okediji

Articles

No abstract provided.

What Were They Thinking? Fourth Amendment Unreasonableness In Atwater V. City Of Lago Vista, Richard Frase

Articles

In Atwater v. City of Lago Vista the Supreme Court upheld the arrest and jailing of a woman for a seat belt violation even though her offense was punishable only with a small fine, and there was no reason why the police officer could not have simply issued a citation. Atwater thus permits, and indeed encourages, unnecessary and disproportionate arrests (along with the various searches and other hardships which routinely accompany an arrest). The extremely broad arrest power recognized by the Court also creates a grave potential for abuse in light of the breadth of modern traffic laws (almost every …

Targeting Exemption For Charitable Efficiency: Designing A Nondiversion Constraint, Frances R. Hill

Articles

No abstract provided.

Essay: Remember Endo?, Patrick O. Gudridge

Articles

No abstract provided.

In Defense Of The Search And Seizure Exclusionary Rule (Law And Truth - The Twenty-First Annual National Student Federalist Society Symposium On Law And Public Policy - 2002), Yale Kamisar

Articles

think Dean Pye's advice about casebook writing was sound,6 and what he had to say also applies to discussions and debates about such issues as the search and seizure exclusionary rule. We cannot (at least we should not) begin with Mapp v. Ohio. We need a prelude.

What Is And Is Not Pathological In Criminal Law, Kyron J. Huigens

Articles

No abstract provided.