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Climate Change And Animals Responses To Global Warming: The Law, Economics, And Science Of Climate Change, Cass R. Sunstein, Wayne Hsiung Jan 2006

Climate Change And Animals Responses To Global Warming: The Law, Economics, And Science Of Climate Change, Cass R. Sunstein, Wayne Hsiung

Articles

Climate change is already having adverse eeds on animal life, and those effects are likely to prove devastating in the future. Nonetheless, the relevant harms to animals have yet to become a serious part of the analysis of climate change policy. Even if animals and species are valued solely by reference to human preferences, consideration of animal welfare dramatically increases the argument for aggressive responses to climate change. We estimate that, even under conservative assumptions about valuation, losses to nonhuman life might run into the hundreds of billions of dollars annually. Whatever the precise figure, the general conclusion is clear: …


Government Secrets, Constitutional Law, And Platforms For Judicial Intervention, Adam M. Samaha Jan 2006

Government Secrets, Constitutional Law, And Platforms For Judicial Intervention, Adam M. Samaha

Articles

American law has yet to reach a satisfying conclusion about public access to information on government operations. But recent events are prompting reconsideration of the status quo. As our current system is reassessed, three shortfalls in past debates should be overcome. The first involves ignorance of foreign systems. Other democracies grapple with information access problems, and their recent experiments are illuminating. Indeed they expose two additional domestic weaknesses. One is a line we have drawn within constitutional law. Courts and commentators tend to treat constitutional issues of public access separately from those of executive discretion to withhold information, but these …


Undue Process, Adam M. Samaha Jan 2006

Undue Process, Adam M. Samaha

Articles

This Article explores the relationship of the US. Constitution to the costs of government decision making. Constitutional law clearly can escalate these costs, as when the Due Process Clauses are read to mandate additional procedure not otherwise favored by decisionmakers. This much is understood But the Constitution and its doctrine sometimes put downward pressure on decision costs. We lack a systematic investigation of when this is, and should be, true. The Article makes three general claims: (1) The entire Constitution tends to reduce decision costs insofar as it is a focal point for confining disputes, and empirical work suggests that …


Israel's Legal Obligations To Gaza After The Pullout, Nicholas Stephanopoulos Jan 2006

Israel's Legal Obligations To Gaza After The Pullout, Nicholas Stephanopoulos

Articles

No abstract provided.


Enforcing The Avena Decision In U.S. Courts, Curtis A. Bradley Jan 2006

Enforcing The Avena Decision In U.S. Courts, Curtis A. Bradley

Articles

No abstract provided.


The Federal Judicial Power And The International Legal Order, Curtis A. Bradley Jan 2006

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 …


Presidential Signing Statements And Executive Power, Curtis A. Bradley, Eric A. Posner Jan 2006

Presidential Signing Statements And Executive Power, Curtis A. Bradley, Eric A. Posner

Articles

A recent debate about the Bush administration's use of presidential signing statements has raised questions about their function, legality, and value. We argue that presidential signing statements are legal and that they provide a useful way for the president to disclose his views about the meaning and constitutionality of legislation. In addition, basic tenets of positive political theory suggest that signing statements do not undermine the separation of powers or the legislative process and that, under certain circumstances, they can provide relevant evidence of statutory meaning. Although President Bush has raised many more constitutional challenges within his signing statements than …


Military Commissions And Terrorist Enemy Combatants, Curtis A. Bradley Jan 2006

Military Commissions And Terrorist Enemy Combatants, Curtis A. Bradley

Articles

No abstract provided.


Case Comment Sanchez-Llamas V. Oregon, Curtis A. Bradley Jan 2006

Case Comment Sanchez-Llamas V. Oregon, Curtis A. Bradley

Articles

No abstract provided.


The Fundamental Deficiencies Of The Agreement On Safeguards: A Reply To Professor Lee, Alan O. Sykes Jan 2006

The Fundamental Deficiencies Of The Agreement On Safeguards: A Reply To Professor Lee, Alan O. Sykes

Articles

No abstract provided.


Comparative Domestic Constitutionalism: Rethinking Criminal Procedure Using The Administrative Constitution, John Rappaport Jan 2006

Comparative Domestic Constitutionalism: Rethinking Criminal Procedure Using The Administrative Constitution, John Rappaport

Articles

No abstract provided.


Trade And Tensions, Daniel J. Gifford Jan 2006

Trade And Tensions, Daniel J. Gifford

Articles

International disputes and tensions arise in situations where one nation is seeking its own economic betterment in ways that diminish the economic welfare of other nations. Prior to World War II, most nations deployed systems of tariffs and import quotas in unveiled attempts to protect their domestic in- dustries. Today, trading tensions are often generated by a range of government activities that limit imports or subsidize exports; yet the governments that impose these measures often rationalize them as policy measures that have no protectionist or other trading objective. The earlier trading model was a mer- cantilist one. Economic welfare was …


Police Interrogation Of Juveniles: An Empirical Study Of Policy And Practice, Barry C. Feld Jan 2006

Police Interrogation Of Juveniles: An Empirical Study Of Policy And Practice, Barry C. Feld

Articles

The Supreme Court does not require any special procedural safeguards when police interrogate youths and use the adult standard--“knowing, intelligent, and voluntary under the totality of the circumstances”--to gauge the validity of juveniles' waivers of Miranda rights. Developmental psychologists have studied adolescents' capacity to exercise Miranda rights, questioned whether juveniles possess the cognitive ability and adjudicative competence necessary to exercise legal rights, and contended that immaturity and vulnerability make juveniles uniquely susceptible to police interrogation tactics. In the four decades since the Court decided Miranda, we have almost no empirical research about what actually occurs when police interview criminal suspects, …


Piercing The Confidentiality Veil: Physician Testimony In International Criminal Trials Against Perpetrators Of Torture, David Weissbrodt, Ferhat Pekin, Amelia Wilson Jan 2006

Piercing The Confidentiality Veil: Physician Testimony In International Criminal Trials Against Perpetrators Of Torture, David Weissbrodt, Ferhat Pekin, Amelia Wilson

Articles

Physician-patient confidentiality is a notion deeply rooted in most medical traditions throughout the world. 2 Many nations have codified patient protections and rights with statutes that emphasize the inviolability of this confidence. 3 Physicians are prohibited, except in limited circumstances, to reveal any confi-dential information or communication. 4 Violating confiden-tiality often exposes the physician to professional, civil, and sometimes criminal sanctions. 5 Confidentiality is designed to protect the patient's most intimate information as well as foster a candid relationship between physician and patient to facilitate successful diagnosis and treatment. 6 And yet despite the raison d'etre of confidentiality laws and …


Challenging Delaware's Desirability As A Haven For Incorporation, Philip S. Garon, Michael A. Stanchfield, John H. Matheson Jan 2006

Challenging Delaware's Desirability As A Haven For Incorporation, Philip S. Garon, Michael A. Stanchfield, John H. Matheson

Articles

Whether a "race to the bottom" or a "race to the top," the competition among many states to encourage businesses to incorporate in their states has wide-ranging consequences for those businesses. Those consequences include the allocation of rights, powers, duties, and liabilities among corporate directors, officers, and shareholders. Despite the tendency to analyze this competition as a multi-state contest, empirical research shows that the "race" is actually a vast number of individual races between just two states at a time: the state in which the would-be corporation's principal office will be located and Delaware. Attorneys and their clients are regularly …


The Human Rights Of Stateless Persons, David Weissbrodt, Clay Collins Jan 2006

The Human Rights Of Stateless Persons, David Weissbrodt, Clay Collins

Articles

By exploring statelessness through legal, theoretical, and practical lenses, this article presents a broad examination of the human rights of stateless persons. The article delineates the rights of stateless persons as enunciated in various human rights instruments; presents the mechanisms of, and paths to, statelessness; illustrates the practical struggles of stateless persons by highlighting the plights of various stateless populations; examines how the problem of statelessness is being addressed; and considers the complex political and regional forces affecting policies towards stateless persons. The article concludes with recommendations regarding remedies and solutions for statelessness.


The Future Of The Legal Profession, Robert Stein Jan 2006

The Future Of The Legal Profession, Robert Stein

Articles

It is a pleasure to be with you this evening and share some thoughts with you. Sandy and I are delighted to see so many wonderful friends here. I hope we have an opportunity to greet each of you before the evening is over. I include my wife, Sandy, in our network of friends because she has been my partner throughout my association with the Law School - during the time I was a student, then a faculty member, and eventually as Dean - and so many friends here tonight are friends of both of ours. I'd like to ask …


Raz, Authority, And Conceptual Analysis, Brian Bix Jan 2006

Raz, Authority, And Conceptual Analysis, Brian Bix

Articles

In "Authority: Revisiting the Service Conception," Joseph Raz reflects on his work on the nature of authority, defending much of what he has written on the subject, while offering some additional clarifications and modifications. I must leave to others a more direct assessment of Raz's views on authority, and the revisions he has suggested in this most recent paper. I will instead focus on some of the methodological considerations he discusses in this paper; in particular, I will compare and contrast Raz's discussion here about conceptual analysis and the concept of authority with his recent analyses of the conceptual analysis …


Blakely In Minnesota, Two Years Out: Guidelines Sentencing Is Alive And Well, Richard Frase Jan 2006

Blakely In Minnesota, Two Years Out: Guidelines Sentencing Is Alive And Well, Richard Frase

Articles

The Supreme Court's decision in Blakely v. Washington' has produced some changes in sentencing law and practice in Minnesota, but after two years the basic structure of the state's pioneering sentencing guidelines system remains intact. Blakely caused much initial concern and uncertainty, but the dire predictions2 of catastrophic change or major retreat from progressive sentencing policy have not been borne out. This article examines the ways in which critical policy choices made before and after Blakely helped to preserve the most important features of the Guidelines. Part I shows how the design, implementation, and pre-Blakely evolution of the Guidelines served …


Purposes And Functions Of Sentencing, Michael Tonry Jan 2006

Purposes And Functions Of Sentencing, Michael Tonry

Articles

No abstract provided.


Choice, Equal Protection, And Metropolitan Integration: The Hope Of The Minneapolis Desegregation Settlement, Myron Orfield Jan 2006

Choice, Equal Protection, And Metropolitan Integration: The Hope Of The Minneapolis Desegregation Settlement, Myron Orfield

Articles

No abstract provided.


Continuing The Path To Excellence: University Of Minnesota Law School Dean Alex M. Johnson, Jr., Edward S. Adams Jan 2006

Continuing The Path To Excellence: University Of Minnesota Law School Dean Alex M. Johnson, Jr., Edward S. Adams

Articles

Alex M. Johnson, Jr., the ninth dean of the University of Minnesota Law School, served with honor and distinction from 2002 to 2006. He leaves a legacy of achievement consistent with the tireless drive, ambitious goal setting, and adaptation to change that marked his career before ascending to the position of Dean at the Law School. Receiving his early education in the public schools of Los Angeles, Mr. Johnson began his undergraduate education at Princeton University and then transferred to Claremont College in 1973. He remained in Los Angeles for law school, earning his law degree at the University of …


Convergence, Culture And Contract Law In China, John H. Matheson Jan 2006

Convergence, Culture And Contract Law In China, John H. Matheson

Articles

At the height of the Industrial Revolution, Britain was called "the Workshop of the World." 1 That title surely belongs to the People's Republic of China (PRC) 2 today. For example, China already is the world's fastest-growing large economy and the second largest holder of foreign-exchange reserves. 3 Furthermore, China is now the world's largest producer of coal, steel, and cement. 4 It is the second largest consumer of energy and the third largest importer of oil. 5 China's exports to the United States have grown by 1600% over the past fifteen years, and U.S. exports to China have grown …


The Procompetitive Interest In Intellectual Property Law, Thomas F. Cotter Jan 2006

The Procompetitive Interest In Intellectual Property Law, Thomas F. Cotter

Articles

When government recognizes intellectual property (IP) rights, it is often viewed as sanctioning the existence of private “monopolies,” in contrast to the general antimonopoly thrust of the antitrust laws. And yet, on occasion IP law itself condemns conduct on the part of IP owners-or excuses otherwise infringing activity on the part of IP defendants-expressly for the purpose of promoting competition. It does so even though antitrust law-if one were to apply it at all under analogous circumstances-would not find anticompetitive harm without conducting a more thorough analysis of whether the antitrust defendant possesses power over a well-defined market. Salient examples …


Prospects For Ratification Of The Convention On The Rights Of The Child, David Weissbrodt Jan 2006

Prospects For Ratification Of The Convention On The Rights Of The Child, David Weissbrodt

Articles

Since early in the development of international human rights law, the particular need to care for children has been acknowledged. Beginning with the Geneva Declaration on the Rights of the Child in 1924 1 and the Declaration of the Rights of the Child, adopted by the U.N. General Assembly in 1959, 2 children's rights have been recognized by human rights organizations and instruments alike. Rights of the child were included in the Universal Declaration of Human Rights; 3 the Geneva Convention for the Protection of Civilian Persons in Time of War; 4 the International Covenant on Economic, Social and Cultural …


The Absolute Prohibition Of Torture And Ill-Treatment, David Weissbrodt Jan 2006

The Absolute Prohibition Of Torture And Ill-Treatment, David Weissbrodt

Articles

The President, the Secretary of State, and other U.S. government officials have repeatedly assured the world that the United States does not engage in "torture." Whenever they try to issue such statements, the critical listener must ask such questions as "What do they mean by torture?" Have they so narrowly defined "torture" as to ask the listener to overlook the mounting evidence of extremely brutal treatment which U.S. personnel have perpetrated against detainees in Afghanistan, Guantanamo, Iraq, and other secret detention facilities? Many detainees held by the U.S. have been subjected to illtreatment that would, under international definitions and jurisprudence, …


Why The Generation-Skipping Transfer Tax Sparked Perpetual Trusts, Mary Louise Fellows Jan 2006

Why The Generation-Skipping Transfer Tax Sparked Perpetual Trusts, Mary Louise Fellows

Articles

Max M. Schanzenbach and Robert H. Sitkoff, in the work they presented at this Symposium and in their earlier work, Jurisdictional Competition for Trust Funds: An Empirical Analysis of Perpetuities and Taxes, provide data to support what practitioners, policymakers, and academics already believe - the generation-skipping transfer (GST) tax exemption encouraged the creation of dynastic trusts and made those states that had no Rule Against Perpetuities (RAP) and no income tax on trusts particularly attractive as sites for settlors to establish their trusts. 1 Their work with the state-level panel data assembled from annual reports to federal banking authorities by …


Foreclosure Equity Stripping: Legal Theories And Strategies To Attack A Growing Problem, Prentiss Cox Jan 2006

Foreclosure Equity Stripping: Legal Theories And Strategies To Attack A Growing Problem, Prentiss Cox

Articles

Foreclosure equity stripping is the classic case of kicking someone who is down. The person perpetrating the equity strip-let's call this person the "acquirer"- targets homeowners who are in foreclosure and have equity remaining in the property. Promising to "save" the home for the desperate homeowner, the acquirer offers refinancing or other assistance to "stop the foreclosure." For too many foreclosed homeowners, these promises end when the acquirer or the acquirer's confederates gain title to the property and take the homeowner's equity.


Goliath Has The Slingshot: Public Benefit And Private Enforcement Of Minnesota Consumer Protection Laws, Prentiss Cox Jan 2006

Goliath Has The Slingshot: Public Benefit And Private Enforcement Of Minnesota Consumer Protection Laws, Prentiss Cox

Articles

The phrase "consumer protection case" may conjure up a used-car buyer trying to get recompense for a vehicle that turned out to be less than promised, or an elderly homeowner victimized by predatory lending tactics trying to maintain possession of her home. In August 2000, the private right of action to enforce Minnesota consumer protection laws was held to be something entirely different. After the Minnesota Supreme Court's decision in Ly v. Nystrom, 1 a business complaining about a competitor's advertising is more likely to have available a private right of action to enforce these laws than either the frustrated …


Juveniles' Competence To Exercise Miranda Rights: An Empirical Study Of Policy And Practice, Barry C. Feld Jan 2006

Juveniles' Competence To Exercise Miranda Rights: An Empirical Study Of Policy And Practice, Barry C. Feld

Articles

The United States Supreme Court has decided more cases involving the interrogation of juveniles than any other aspect of juvenile justice administration. 1 Although it has cautioned trial judges to be especially sensitive to the effects of youthfulness and immaturity on a defendant's ability to waive or to invoke her Miranda rights and to make voluntary statements, the Court has not mandated any special procedural protections for immature suspects. Instead, it endorsed the adult waiver standard - "knowing, intelligent, and voluntary" under the "totality of the circumstances" - to gauge the validity of a juvenile's waiver of Miranda rights. 2