Digital Commons Network^™

Introduction, Richard A. Epstein, Mark Siegler, Alix Weisfeld

Articles

No abstract provided.

Introduction, Richard A. Epstein, Randal C. Picker

Articles

No abstract provided.

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

Articles

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 …

Medellin V. Dretke: Federalism Andinternational Law, Curtis A. Bradley, Lori F. Damrosch

Articles

No abstract provided.

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

Articles

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 …

Public Versus Private Enforcement Of International Economic Law: Standing And Remedy, Alan O. Sykes

Articles

This paper develops a theory of the rules regarding standing and remedy in international trade and investment agreements. Regarding investment agreements, the paper argues that a credibLe government-to-firm commitment (or signal) that the capital importer will not engage in expropriation or related practices is required and that a private right of action for money damages is the best way to make such a commitment. In trade agreements, by contrast, importing nations have commitments that are best viewed as government to government rather than government to firm. The parties to trade agreements can enhance their mutual political welfare by declining to …

Contracting Around Finality: Transforming Price V. Neal From Dictate To Default, Christopher M. Grengs, Edward S. Adams

Articles

Arguably the most important and problematic area within the entire field of negotiable instruments law is the law relating to forgery, especially the allocation of losses that result from forgery. Forgery is central to negotiable instrument law because a signature typically authenticates the orders and promises to pay on which the entire system is based. Unfortunately, forgery continues to cause substantial losses to American banks and the national economy. "Despite the significance of this problem, many of the legal doctrines governing forgery loss allocation remain quite problematic, even after nearly three centuries of development." To combat the problem of negotiable …

Synergy And Serendipity, Joan Howland

Articles

Great events rarely occur without the fortuitous intersection of synergy and serendipity. One of the earliest documented examples of this dynamic is the Greek mathematician Archimedes' (287 B.C.-212 B.C.) discovery of the principle of buoyancy while he was soaking in a hot bath, inspiring him to jump up and run naked through the streets of Syracuse shouting "Eureka!" 3 This serendipitous discovery may easily have been eclipsed by the public outcry surrounding Archimedes' unconventional behavior. Coincidentally, however, his close friend King Hieron of Syracuse had just been cheated by a goldsmith and was able to use the newly defined principle …

The Dynamics Of Child Sexual Abuse Prosecution: Two Florida Case Studies, Robert Levy

Articles

Criminal justice scholars agree that the process cannot adequately be captured simply by reporting guilty pleas, jury acquittals and convictions. Rather, one must imagine a giant cornucopia, the large end representing the huge mass of unreported and uncleared crimes, the small end representing the small number of convicted felons sentenced to prison. Between these terminal points can be found all those criminals the police decide not to arrest or refer for prosecution, all those cases prosecutors decide not to prosecute, the cases prosecutors decide to dismiss (or "nolle prosequi," often referred to as "nol pros") after they have been filed, …

Punishment And Crime Across Space And Time, Michael Tonry, David P. Farrington

Articles

No abstract provided.

Cross-National Measures Of Punitiveness, Alfred Blumstein, Michael Tonry, Asheley Van Ness

Articles

No abstract provided.

State Sentencing Guidelines: Diversity, Consensus, And Unresolved Policy Issues, Richard Frase

Articles

No abstract provided.

Obsolescence And Immanence In Penal Theory And Policy, Michael Tonry

Articles

No abstract provided.

[Book Review] Whose America?, Judith T. Younger

Articles

No abstract provided.

Segregation And Environmental Justice, Myron Orfield

Articles

No abstract provided.

Excessive Prison Sentences, Punishment Goals, And The Eighth Amendment: "Proportionality" Relative To What?, Richard Frase

Articles

No abstract provided.

The Warren Court's Missed Opportunities In Substantive Criminal Law, Richard Frase

Articles

No abstract provided.

Punishment Purposes, Richard Frase

Articles

No abstract provided.

The Functions Of Sentencing And Sentencing Reform, Michael Tonry

Articles

No abstract provided.

A Reprise Of A Classic: Gorman & Finkin's Basic Text On Labor Law: Unionization And Collective Bargaining, Stephen F. Befort

Articles

No abstract provided.

Book Review—Mercy On Trial: What It Means To Stop An Execution, Janeanne Murray

Articles

No abstract provided.

The Value Of Institutions And The Values Of Free Speech, Dale Carpenter

Articles

Should the First Amendment pay attention to the setting in which speech occurs, giving more protection to some institutions than to others? The very suggestion is a heresy. The First Amendment, to a degree unknown elsewhere in American law, has been characterized by a certain kind of blindness. It has largely been blind to the popularity of the speech involved, blind to whether the speech is favored or disfavored by the government, and blind to the identity of the speaker. On the other hand, some institutions - the professional media, libraries, and universities, for example - are especially good at …

Corporate Human Rights Responsibilities, David Weissbrodt

Articles

This article begins with a discussion of why one should be concerned or at least interested in the human rights conduct of corporations. Hence, the first part of the article presents a couple of historical and current situations which require attention and standard-setting. The second part focuses on past efforts of international law and particularly international human rights law to deal with such non-state actors as corporations. The third part discusses five major attributes of the U.N. Human Rights Norms which built upon the previous efforts to deal with the human rights conduct of corporations. The fourth part traces the …

Racial Integration And Community Revitalization: Applying The Fair Housing Act To The Low Income Housing Tax Credit, Myron Orfield

Articles

No abstract provided.

Whose America?, Judith T. Younger

Articles

No abstract provided.

Why Minnesota Will Weather Blakely's Blast, Dale G. Parent, Richard Frase

Articles

No abstract provided.

Viewing September 11 Through The Lens Of History, Carol L. Chomsky

Articles

No abstract provided.

From "Predominance" To "Resolvability": A New Approach To Regulating Class Actions, Allan Erbsen

Articles

This Article develops normative and doctrinal innovations to cope with a pivotal yet undertheorized question in most proposed class actions: assuming that a class has adequate representatives, how much variance among class members' circumstances should courts tolerate? Class actions seeking monetary damages would be much less controversial if all class members were identically situated. In an imagined world of perfect homogeneity, shifting from an individualized to an aggregative mode of adjudication would promote efficiency, mitigate collective action problems, and counterbalance defendants' inherent economies-of-scale without sacrificing accuracy or redistributing entitlements among class members. In the real world, however, most classes encompass …

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 …

Photocontrol Of Upper And Lower Rim Complexation Of Neutral And Cationic Species By P-Tert-Butylcalix[4]Arene Tetraethyl Ester, Mary Deasy, Bernadette Creaven, Brian A. Murray, Catherine Mckenna, Darren Tobin

Articles

A number of sodium salt complexes of p-tert-butylcalix[4]arene tetraethyl ester, 1, were isolated both with and without upper-rim encapsulated solvent. Selective decomplexation of lower rim bound sodium cations and upper rim encapsulated solvent molecules could be successfully achieved using low pressure light sources. Oxidation of the counter anion at the lower rim of p-tert-butylcalix[4]arene tetraethyl ester triggered both the upper and lower rim decomplexation process. The extent of decomplexation at both rims is controlled both by the nature of the counter-anionic species at the lower rim and by the fate of the photoproducts generated. The calixarene host …