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Changing Constitutional Powers Of The American President Feature: Forum: The Evolving Presidency In Eastern Europe, Cass R. Sunstein

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No abstract provided.

The Anticaste Principle, Cass R. Sunstein

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Article Ii Revisionism Correspondence, Cass R. Sunstein

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Conflicting Values In Law, Cass R. Sunstein

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Lucas V. South Carolina Coastal Council: A Tangled Web Of Expectations, Richard A. Epstein

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Conservative Free Speech And The Uneasy Case For Judicial Review, Mary E. Becker

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For Justice Marshall, Elena Kagan

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Regulation Of Hate Speech And Pornography After R. A. V., Elena Kagan

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Judicial Limitations In The Discretion Of Liability Insurers To Settle Or Litigate: An Economic Critique, Alan O. Sykes

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Liberal Constitutionalism And Liberal Justice Response, Cass R. Sunstein

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Myth Of The Unitary Executive, The Docket: Proceedings From The Administrative Conference Of The United States, Cass R. Sunstein

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The Forty-Fourth Session Of The Un Sub-Commission On Prevention Of Discrimination And Protection Of Minorities And The Special Session Of The Commission On Human Rights On The Situation In The Former Yugoslavia, Alya Z. Kayal, Penny L. Parker, David Weissbrodt

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The 1992 meeting of the UN Sub-Commission on Prevention of Discrimination and Protection of Minorities is chronicled, along with the results of the special session held by the UN Human Rights Commission on Yugoslavia. The work of the Sub-Commission included surveying human rights compliance in various member countries, mandating compliance for Bosnia-Herzegovina, East Timor, Bougainville and Haiti, and discussing issues such as homosexual discrimination as human rights violations. The Commission took evidence on abuses in Yugoslavia and resolved to take action to force compliance.

Sentencing Commissions And Their Guidelines, Michael Tonry

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Sentencing commissions, administrative agencies charged to develop and promulgate standards for sentencing, were first proposed early in the 1970s and first established in 1978. Of four recent major sentencing reform approaches-the others being parole guidelines, voluntary sentencing guidelines, and statutory determinate sentences-only sentencing commission systems continue to be created. Despite controversies associated with the highly unpopular federal guidelines, commissions and their guidelines have achieved their primary goals. Some commissions have achieved specialized technical competence, have adopted comprehensive policy approaches, and have to a degree insulated policy from short-term political pressures. Guidelines have reduced disparities and gender and sex differences in …

Governance In Chapter 11 Reorganizations: Reducing Costs, Improving Results, Edward S. Adams

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Throughout the past two years, Trans World Airlines, Midway Airlines, and R.H. Macy Company, as well as over 46,000 other corporations, have filed petitions for relief under Chapter 11 of the United States Bankruptcy Code. Of the firms that have filed Chapter 11 reorganization petitions, over eighty percent will never reorganize successfully and will not avoid a subsequent conversion to a Chapter 7 liquidation proceeding. The effects of these “misfilings” are enormous. Most fundamentally, an attempted reorganization, when liquidation is the more efficient solution, can unnecessarily increase the overall costs of bankruptcy significantly.

Major Developments At The Un Commission On Human Rights In 1992, Joe W. (Chip) Pitts Iii, David Weissbrodt

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The forty-eighth session of the United Nations Commission on Human Rights, the principal human rights organ of the United Nations, occurred at the Palais des Nations in Geneva, Switzerland from 27 January to 7 March 1992.' The session took place at a time of unprecedented invigoration of the United Nations in general, and demonstrated both the challenges and the opportunities facing the organization and its primary human rights arm in the world community today.

The Law Of Legitimacy: An Instrument Of Procreative Power, Mary Louise Fellows

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The purpose of this Article is to explore how inheritance law, through its reliance on the laws regarding legitimacy, affects the construction of sexuality and procreative power in our society. The crucial importance of female monogamy in a private property regime is well-recognized. It is the only means by which a man can assure himself that his wealth will be inherited by his offspring. The enforcement of female monogamy by men enhances a man’s procreative power because it provides the basis for his claim of paternity.

Traveling The Road Of Probate Reform: Finding The Way To Your Will (A Response To Professor Ascher), Mary Louise Fellows

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In the United States during this century, probate law and practice have undergone significant changes. Some of the changes are attributable to exogenous factors, such as the development of state and federal income and transfer tax systems, the development of a variety of types of insurance and other contractual arrangements, and the transformation of the American family profile. Other changes are attributable to endogenous factors, such as the growing frustration with traditional will formalities.

Criminalizing The American Juvenile Court, Barry C. Feld

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Progressive reformers envisioned a therapeutic juvenile court that made individualized treatment decisions in the child's "best interests." The Supreme Court's Gault decision provided the impetus for transforming the juvenile court from an informal welfare agency into a scaled-down criminal court. Since Gault, the juvenile court procedures increasingly resemble those of adult courts, although in some respects, such as assistance of counsel, juveniles receive less adequate protections. Judicial and legislative changes have altered the juvenile court's jurisdiction over noncriminal status offenders and serious young offenders-as the former are diverted from the system, the latter are transferred to adult criminal courts. Juvenile …

Marriage, Divorce, And The Family: A Cautionary Tale, Judith T. Younger

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Racial Disproportion In Us Prisons, Michael Tonry

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Japan’S ‘Foreign Workers’ Policy: A View From The United States, Daniel H. Foote

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"The Door That Never Opens"?: Capital Punishment And Post-Conviction Review Of Death Sentences In The United States And Japan, Daniel H. Foote

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The capital punishment system and current standards for collateral review of capital sentences appear quite similar in the United States and Japan. On a deeper level, though, the systems are moving in very different directions. Given. the extensive literature on capital punishment and capital habeas in the United States, this article focuses chiefly on Japan, examining the process by which the standards governing postconviction review have been relaxed and the impact of that change. Japan's Supreme Court bears the image of being a highly conservative, passive institution resistant to dramatic .change of any sort. Yet this examination reveals that, in …

A Washington State Income Tax - Again?, Hugh D. Spitzer

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This Article shows how, because of changes in key rulings of the United States Supreme Court and in other state court rulings on the character of income taxes, Washington’s legislature could now implement a graduated net income tax on both individuals and businesses. The Article concludes that such a net income tax measure could lawfully be enacted by today’s legislature without amending the state’s constitution.

Where Environmental Law And Biology Meet: Of Pandas' Thumbs, Statutory Sleepers, And Effective Law, William H. Rodgers, Jr.

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The purpose of this article is to introduce some of the recent findings of evolutionary biology to the legal community and to urge their consideration in developing a more effective law. As background, Part II of this article will present a brief evolutionary history of our own species.

Part III offers a primer on Darwin's theory of natural selection and the concept of adaptation, with special attention to the elaboration of altruism as it is known in modern biology. Part IV discusses maladaptation as a counterpoise to adaptation and underscores the notion with some stories from natural history on subjects …

Statutory Misinterpretations: A Legal Autopsy, Eric Schnapper

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If the Supreme Court is willing to learn from past mistakes, the Court would find it particularly instructive to re-examine the now quite numerous civil rights decisions which have failed to survive congressional scrutiny. The United States Reports are today littered with the corpses of short-lived opinions purporting to interpret federal anti-discrimination statutes; most were dead on arrival in the bound volumes. October Term 1988 was a veritable Pickett's Charge of conservative misinterpretation. Patterson v. McLean Credit Union briefly displaced and destroyed much of section 1981; Public Employees Retirement System v. Betts temporarily overran parts of the Age Discrimination in …

The Administrative Claim Prerequisite To Suit Against The United States Under The Admiralty Jurisdiction Extension Act, Craig H. Allen

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The Admiralty Jurisdiction Extension Act (AJEA) confers federal admiralty jurisdiction over all causes of action for vessel-caused damage done or consummated on land. In extending admiralty jurisdiction to land-based damage, the Act not only opened admiralty courts to a new class of litigants, it also enlarged the range of possible claims which could be brought against the United States under the Suits in Admiralty Act (SAA) or the Public Vessels Act (PVA). At the same time, however, an important prerequisite to suit against the government was incorporated into the AJEA that is absent from the SAA or PVA: where an …

Challenging The Autonomous Press (Book Review), Lili Levi

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Property And Pragmatism: A Critique Of Radin's Theory Of Property And Personhood, Stephen J. Schnably

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Letter To Judge Harry Edwards, James J. White

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Dear Harry: I write to second your statements concerning the disjunction between legal education and the legal profession and also to quibble with you. By examining the faculty, the curriculum, and the research agenda at Michigan, your school and mine, I hope to illustrate the ways in which you are right and to suggest other ways in which you and your clerk informants may be too pessimistic.

Social Justice And Fundamental Law: A Comment On Sager's Constitution, Terrance Sandalow

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Professor Sager begins his very interesting paper by identifying what he considers a puzzling phenomenon: the Constitution, as interpreted by courts, is not coextensive with "political justice." "This moral shortfall," as he refers to it, represents not merely a failure of achievement, but a failure of aspiration: as customarily interpreted, the Constitution does not even address the full range of issues that are the subject of political justice. Sager regards that failure as surprising-so surprising that, in his words, it "begs for explanation."'