Law Commons^™

Reformist Myopia And The Imperative Of Progress: Lessons For The Post-Brown Era, Donald E. Lively

Vanderbilt Law Review

Over the course of two centuries, constitutional law has evolved as both a source and ratification of moral development. The processes of constructing and interpreting the nation's charter have established a unique window through which it is possible to glimpse the fundamental concerns of bygone and present eras and to observe the competition of values and ordering of priorities that define the society. A survey of the complete record discloses innumerable conflicts of law and morality that have arisen, been resolved, and exist now primarily as historical reference points. It also reveals significant business that remains unfinished. Even as the …

Procedure As A Guarantee Of Democracy: The Legacy Of The Perestroika Parliament, Frances H. Foster

Vanderbilt Journal of Transnational Law

In this Article, the author chronicles the rise and fall of the "perestroika parliament." While Gorbachev's reforms were ultimately unsuccessful in producing effective democratic representation, the author believes that the history of these reforms provides some valuable lessons for post-Soviet Russia. Specifically, Professor Foster concludes that current reformers in Russia should learn from the failed perestroika parliament that a democratic, "rule-of-law" state requires uniform lawmaking procedures with constitutional safeguards to guarantee their integrity.

Customary Practice And The People's Voice: Separation Of Powers And Foreign Affairs, Harold G. Maier

Vanderbilt Journal of Transnational Law

CONSTITUTIONALISM, DEMOCRACY, AND FOREIGN AFFAIRS

By Louis Henkin

New York: Columbia University Press, 1990. Pp. viii, 125

This short book brings to bear Professor Henkin's vast experience as a teacher and scholar in United States foreign relations law on a contemporary examination of constitutional separation of powers principles in determining the appropriate roles of the three federal governmental branches in the conduct of foreign affairs. In this context, the author asks, "Is our two-hundred year old constitution satisfactory for its third century?" After an excursion through the principal issues most germane to an answer, he concludes that "there is no …

Reasonable Expectations Of Privacy And Autonomy In Fourth Amendment Cases: An Empirical Look At "Understandings Recognized And Permitted By Society", Christopher Slobogin, Joseph E. Schumacher

Vanderbilt Law School Faculty Publications

This Article reports an attempt to investigate empirically important aspects of the Fourth Amendment to the United States Constitution, as construed by the United States Supreme Court. In the course of doing so, it touches upon two other topics. Most directly, it addresses the appropriate scope of the Fourth Amendment. Less directly, it raises questions about the role that empirical research should play in fashioning constitutional rules.

No Hablo Ingles: Court Interpretation As A Major Obstacle To Fairness For Non-English Speaking Defendants, Michael B. Shulman

Vanderbilt Law Review

A Cuban man was convicted on drug charges for uttering the words above. He used the words in response to a request for a loan and, given the dialect of the speaker and the context of the statement, they can properly be translated as "[m]an, I don't even have ten cents." Instead, the court interpreter mistakenly translated them as, "[m]an, I don't even have ten kilos."' This case demonstrates the influence the court interpreter can have on the outcome of a case. As extraordinary as this situation may appear, however, it is not an isolated incident. Rather, what is unusual …