Digital Commons Network^™

Latcrit X Afterword: Beyond The First Decade: A Forward-Looking History Of Latcrit Theory, Community And Praxis, Berta Hernandez-Truyol, Angela Harris, Francisco Valdes

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Tending To The Spirit: A Proposal For Healing The Hearts Of Black Children In Poverty Black Children And Their Families In The 21st Century: Surviving The American Nightmare Or Living The American Dream, Steven H. Hobbs, Shenavia Baity

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Odious Debt Or Odious Payments - Using Anti-Corruption Measures To Prevent Odious Debt, Anita Ramasastry

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This article focuses on ways to stem the tide of odious payments and to stop such payments, when made, from moving offshore into foreign bank accounts. To the extent that such payments leave a country, fewer funds are available to repay sovereign debts in the event of a regime change, or to feed and shelter the population. This article focuses on emerging anti-corruption mechanisms as a means of dealing with odious payments and odious debt. It also focuses on the role of financial institutions (banks) as gatekeepers. Part I of this article focuses on the way in which banks are …

Fear, Legal Indeterminacy, And The American Lawyering Culture, Michael Hatfield

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On August 1, 2002, then Assistant Attorney General Jay S. Bybee signed for President Bush a memorandum of law concluding that some torture was not necessarily illegal if the President ordered it. This Essay examines how Bybee could arrive at a conclusion that is fundamentally at odds with both our national moral spirit and our law. In doing so, it cautions American lawyers to recognize the difference between what is "legal" and what is "arguably legal, " and to be aware of their own extra-legal biases when interpreting the law.

Abuse Prevention 2005, James J. White

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Today I do not debate the empirical question (what is the cause of the increase in bankruptcy filings?) nor do I address the buried moral question (who deserves the protection of bankruptcy law?). Rather, I speculate about the consequences of 2005 amendments to the Bankruptcy Code and about the reasons it will achieve or fail to achieve the goals of its sponsors. Along the way I hope to learn something about how law changes, or fails to change behavior.

Left Of The Dial: An Introduction To Underground Rock, 1980-2000, Cassie Wagner, Elizabeth Stephan

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This essay is a brief history of American underground/independent music from 1980 to 2000. The authors examine twenty-one of what they believe are the best and most influential bands of the period and provide an annotated list of representative recordings. These artists provide the inspiration and sonic blueprint for much of today’s cutting edge music. Even so, their recordings are often absent from library collections and many librarians and patrons are unfamiliar with them. The groups discussed are Bad Brains, Beat Happening, Big Black, Bikini Kill, Black Flag, Camper Van Beethoven, Dead Kennedys, Fugazi, Galaxie 500, Hüsker Dü, Melvins, Minor …

Seeing Crime And Punishment Through A Sociological Lens: Contributions, Practices, And The Future, Bernard E. Harcourt, Tracey L. Meares, John Hagan, Calvin Morrill

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Terrorism And The Laws Of War, Eric A. Posner

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Afterword "We Are Now Of The View"*: Backlash Activism, Cultural Cleansing, And The Kulturkampf To Resurrect The Old Deal, Francisco Valdes

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The War On Terrorism: International Law, Clear Statement Requirements, And Constitutional Design, Curtis A. Bradley, Jack L. Goldsmith

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In Congressional Authorization and the War on Terrorism,¹ we presented a framework for interpreting Congress’s September 18, 2001 Authorization for Use of Military Force² (AUMF), the central statutory enactment related to the war on terrorism. Congressional Authorization addressed a puzzling gap in the academic literature: although both constitutional theory and constitutional practice suggest that the validity of presidential wartime actions depends to a significant degree on their relationship to congressional authorization, the meaning and implications of the AUMF have received little attention in the academic debates over the war on terrorism.

The framework in Congressional Authorization built on …

Congressional Authorization And The War On Terrorism, Curtis A. Bradley, Jack L. Goldsmith

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This Article presents a framework for interpreting Congress's September 18, 2001Authorization for Use of Military Force (AUMF), the central statutory enactment related to the war on terrorism. Although both constitutional theory and constitutional practice suggest that the validity of presidential wartime actions depends to a significant degree on their relationship to congressional authorization, the meaning and implications of the AUMF have received little attention in the academic debates over the war on terrorism.The framework presented in this Article builds on the analysis in the Supreme Court's plurality opinion in Hamdi v. Rumsfeld, which devoted significant attention to the AUME Under …

The Proliferation Security Initiative: Nonproliferation, Counterproliferation, And International Law, Daniel H. Joyner

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Afterword Culture By Law: Backlash As Jurisprudence, Francisco Valdes

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Intellectualizing Property: The Tenuous Connections Between Land And Copyright, Stewart E. Sterk

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Increased use of the intellectual property label to describe copyright and related areas of law has spawned analogies to the protections afforded real property. These analogies ignore significant differences between the foundations that undergird real and intellectual property rights. In particular, real property rights operate to avoid breaches of the peace and tragedies of the commons - problems that do not arise with intellectual works - while copyright and other intellectual property rights are designed to provide an incentive to create, an incentive irrelevant when land is at issue. These disparities in justification caution against routine importation of real property …

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

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

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Anomalies, Warts And All: Four Score Of Liberty, Privacy And Equality, Francisco Valdes

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Lawrence was decided exactly eighty years after the first liberty-privacy case, and in the midst of a fierce kulturkampf striving to roll back civil rights generally. In this Article, Professor Valdes situates Lawrence in the context formed both by these four score of liberty-privacy jurisprudence that precede it as well as by the politics of backlash that envelop it today. After canvassing the landmark rulings from Meyer in 1923 to Lawrence in 2003, in the process acknowledging both their emancipatory strengths and their traditionalist instrumentalism, Professor Valdes concludes that Lawrence is a long overdue recognition of the prior precedents and …

Keynote Address: Recalling Race, Gender And Sexuality: Outcrit Reflections On Legal Education, Social Identities And The "Rule Of Law" - A Call Toward Collective Insurrections, Francisco Valdes

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Is Lawrence Libertarian?, Dale Carpenter

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Lawrence v. Texas 1 begins with "Liberty" and ends with "freedom." 2 For the first time in its history the Supreme Court invalidated a law criminalizing sexual conduct. Add to that sweeping statements in Lawrence celebrating individual "autonomy." 3 Consider too the Court's surprising revival of substantive due process, a doctrine entombed with musty traditions in liberty-denying decisions like Bowers v. Hardwick 4 and Washington v. Glucksberg. 5 What is more, Lawrence is not your father's substantive due process. The pre-Lawrence doctrine bifurcated the world into a large domain of almost unprotected "liberty interests" and a very small and increasingly …

Degrees Of Freedom: Building Citizenship In The Shadow Of Slavery, Rebecca J. Scott

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By seeing events in the past as part of a dynamically evolving system with a large, but not indefinite, number of degrees of freedom, we can turn our attention to the multiple possibilities for change, and to the ways in which societies that are initially similarly situated may go on to diverge very sharply. Thus it is, I will argue, with societies in the 19th century that faced the challenge of building citizenship on the ruins of slavery.

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

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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 …

The Uneasy Case For Department Of Justice Control Of Federal Litigation, Neal Devins, Michael Herz

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Mission Impossible: The Us Military Cannot Provide Security In Iraq, Tom Clonan

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The acronym METTS is familiar to military commanders the world over. METTS consists of a problem solving approach to military scenarios under the following headings; Mission, Enemy, Troops, Terrain, Space and time. When applied to the situation facing US commanders in Iraq - as the June 30th deadline for transition to power expires - many challenges become apparent. In terms of mission, the situation is complex. The military are favourably predisposed to simple mission statements that contain clearly articulated aims and objectives within a definite time-frame. The invasion phase of the war in Iraq was a classic example of such …

Gacaca Courts: The Hope For Reconciliation In The Aftermath Of The Rwandan Genocide, Maureen Laflin

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Subject Unrest, Jerome M. Culp Jr., Angela P. Harris, Francisco Valdes

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A Theory Of The Laws Of War, Eric A. Posner

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Abraham Lincoln's First Amendment, Geoffrey R. Stone

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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 …

Class Actions: Aggregation, Amplification, And Distortion, Richard A. Epstein

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

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

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