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Does Congress Find Facts Or Construct Them - The Ascendance Of Politics Over Reliability, Perfected In Gonzales V. Carhart, Elizabeth De Coux Jan 2008

Does Congress Find Facts Or Construct Them - The Ascendance Of Politics Over Reliability, Perfected In Gonzales V. Carhart, Elizabeth De Coux

Cleveland State Law Review

The disparity between the rules of courts and the rules of Congress gives rise to this question: is the rigor-or lack of it-with which Congress evaluates the reliability of evidence an appropriate factor for courts to consider in deciding whether to defer to a congressional finding? In this Article, I consider whether Congress should adopt rules to fill the void. In Part I, I give a brief summary of the development and use of Congressional Committees. In Part II, I analyze several modern-day congressional hearings in an effort to examine the degree to which Congress and its committees require that …


Natural Is Not In It: Disaster, Race, And The Built Environment, Thomas W. Joo Jan 2008

Natural Is Not In It: Disaster, Race, And The Built Environment, Thomas W. Joo

Cleveland State Law Review

Reviewing After the Storm: Black Intellectuals Explore the Meaning of Hurricane Katrina edited by David Dante Troutt. New York: New Press. 2006. Editor David Troutt has assembled a fascinating and wide-ranging collection of essays on the Katrina disaster. The contributing authors, primarily (though not exclusively) law professors, put the disaster into a larger context of American law and politics. While the authors' concerns and opinions are diverse, the interaction between human choice and the "natural" is a consistent theme running through the background of the book.