Law Commons^™

Capital Punishment: A Century Of Discontinuous Debate, Carol S. Steiker, Jordan M. Steiker

Journal of Criminal Law and Criminology

No abstract provided.

How Much Do We Really Know About Criminal Deterrence, Raymond Paternoster

Journal of Criminal Law and Criminology

No abstract provided.

One Hundred Years Later: Wrongful Convictions After A Century Of Research, Jon B. Gould, Richard A. Leo

Journal of Criminal Law and Criminology

No abstract provided.

Efficiency And Cost: The Impact Of Videoconferenced Hearings On Bail Decisions, Shari Seidman Diamond, Locke E. Bowman, Manyee Wong, Matthew M. Patton

Journal of Criminal Law and Criminology

No abstract provided.

Racial And Ethnic Disparity And Criminal Justice: How Much Is Too Much, Robert D. Crutchfield, April Fernandes, Jorge Martinez

Journal of Criminal Law and Criminology

No abstract provided.

One Hundred Years Of Race And Crime, Paul Butler

Journal of Criminal Law and Criminology

No abstract provided.

The Supreme Court Giveth And The Supreme Court Taketh Away: The Century Of Fourth Amendment Search And Seizure Doctrine, Thomas Y. Davies

Journal of Criminal Law and Criminology

No abstract provided.

Damaged Daughters: The History Of Girls' Sexuality And The Juvenile Justice System, Lisa Pasko

Journal of Criminal Law and Criminology

No abstract provided.

The Twilight Of The Pardon Power, Margaret Colgate Love

Journal of Criminal Law and Criminology

No abstract provided.

Remarks At The Dinner Celebrating The Centennial Of The Journal Of Criminal Law And Criminology, Steven A. Drizin

Journal of Criminal Law and Criminology

No abstract provided.

Capital Punishment In Illinois In The Aftermath Of The Ryan Commutations: Reforms, Economic Realities, And A New Saliency For Issues Of Cost, Leigh B. Bienen

Journal of Criminal Law and Criminology

No abstract provided.

Package Bombs, Footlockers, And Laptops: What The Disappearing Container Doctrine Can Tell Us About The Fourth Amendment, Cynthia Lee

Journal of Criminal Law and Criminology

No abstract provided.

Forfeiture Of The Confrontation Right In Giles: Justice Scalia's Faint-Hearted Fidelity To The Common Law, Ellen Liang Yee

Journal of Criminal Law and Criminology

No abstract provided.

Liberation Reconsidered: Understanding Why Judges And Juries Disagree About Guilt, Amy Farrell, Daniel Givelber

Journal of Criminal Law and Criminology

No abstract provided.

Swinging For The Fences: How Comprehensive Drug Testing, Inc. Missed The Ball On Digital Searches, Vincent Angermeier

Journal of Criminal Law and Criminology

No abstract provided.

The Heller Promise Versus The Heller Reality: Will Statutes Prohibiting The Possession Of Firearms By Ex-Felons By Upheld After Britt V. State, Deborah Bone

Journal of Criminal Law and Criminology

No abstract provided.

(Trans)Forming The Provocation Defense, Morgan Tilleman

Journal of Criminal Law and Criminology

No abstract provided.

Book Reviews, Juliet S. Sorensen

Journal of Criminal Law and Criminology

No abstract provided.

Lost In Translation: Domestic Violence, The Personal Is Political, And The Criminal Justice System, Kimberly D. Bailey

Journal of Criminal Law and Criminology

No abstract provided.

President's Economic Recovery Advisory Board: Suggested Considerations In Fundamental Reform Of The United States Tax Treatment Of Income From Cross Border Trade And Investment, Robert H. Dilworth

Northwestern Journal of International Law & Business

The President's Economic Recovery Advisory Board ("PERAB") has as part of its mandated inquiry the reform of the U.S. tax treatment of income from cross border trade and investment. This paper sets forth a short set of recommendations as to tax reform methodology and some substantive proposals. Tax reform should not "start over," or undertake significant changes, without a fairly detailed understanding of what the present regime actually does, or does not do, and identifying the relationship (if any) between the various existing provisions and whatever "the problem" is perceived to be. The present architecture results from the striking of …

Lowering The Cost Of Rent: How Ifrs And The Convergence Of Corporate Governance Standards Can Help Foreign Issuers Raise Capital In The United States And Abroad, Kyle W. Pine

Northwestern Journal of International Law & Business

Since the early 1990s the United States has experienced a dramatic growth in the number of foreign firms choosing to trade their shares in U.S. markets. Meanwhile, Europe and other markets have not experienced this effect to the same extent. there has been an observable worldwide growth in stock market capitalization since the 1990s with an increasing number of foreign issuers choosing to cross-list their shares abroad, usually in the United States. Traditional explanations for why firms choose to cross-list have focused primarily on access to trade in more liquid markets. A more convincing theory for why firms cross-list, attributed …

Judicial Politics And International Investment Arbitration: Seeking An Explanation For Conflicting Outcomes, David Schneiderman

Northwestern Journal of International Law & Business

In taking on the controversial debate over the role of state attorneys general in antitrust enforcement, the article draws upon recent legal and historical scholarship on federalism to argue that globalization requires a paradigm change in concepts of U.S. federalism. While many assume that increasing international economic integration makes state participation in economic regulation with international implications inherently problematic, the article demonstrates that, to the contrary, states have an important role to play in the regulation of international business. States have a long history of challenging the federal government in a way that has promoted a robust national dialogue on …

Coping With Uncertainty: The Role Of Contracts In Russian Industry During The Transition To The Market, Kathryn Hendley

Northwestern Journal of International Law & Business

In the decade following the collapse of the Soviet Union, Russia earned a reputation for being a chaotic environment for business. Some commentators went so far as to label it as the "Wild East," a scary place where law was largely irrelevant and criminal gangs held sway. In a series of articles, I have begun to fill this gap in the literature by exploring the day-to-day reality of life for industrial enterprises in Yeltsin's Russia. The picture that emerges is more nuanced than the stereotype of industry beholden to the mafia that the popular media has perpetuated. In this article, …

Federalism And Concurrent Jurisdiction In Global Markets: Why A Combination Of National And State Antitrust Enforcement Is A Model For Effective Economic Regulation, Katherine Mason Jones

Northwestern Journal of International Law & Business

The focus of the article is on the proper role of U.S. state governments in regulating international business. The specific issue analyzed is the desirability of having state attorneys general enforce federal antitrust laws in global markets concurrently with federal antitrust regulators. Congress granted state officials this power in 1976. In 2009, however, a large proportion of the world's commerce is now conducted in international, rather than national markets. This development has led Judge Richard A. Posner and others to advocate that the states be stripped of their statutory power to enforce federal antitrust laws on behalf of their residents …

International Tax Reform Should Begin At Home: Replace The Corporate Income Tax With A Territorial Expenditure, William B. Barker

Northwestern Journal of International Law & Business

The present U.S. system of international taxation is riddled with problems because it does not satisfy critical principles of economics, justice, or common sense. It fails to accomplish the most important goals that an international system should achieve - that is, protecting the domestic tax base in a way that fosters domestic economic development and the creation of jobs. This paper explores alternatives to the present system to see if they do a better job. Some of the alternatives fail for the same reasons as the present system because they are predicated on the same outmoded theories. Some are clearly …

U.S. International Tax System At A Crossroads, Barbara Angus, Tom Neubig, Eric Solomon, Mark Weinberger

Northwestern Journal of International Law & Business

The current U.S. international tax system, the administration's international tax proposals, and other potential international tax reforms all have ramifications for U.S. businesses, American workers, and the U.S. economy that must be fully discussed and understood. This report focuses on some of the most important facts and perspectives that should be considered as part of that discussion. This process starts by asking, at a minimum, questions like these: (1) How have the dynamics of the global economy changed? (2) What role should differences between the U.S. tax system and those of other countries play in determining an advantageous international tax …

Transfer Pricing And Fin 48: Removing Uncertainty Through The Advanced Pricing Agreement Process, Christopher Capuzzi

Northwestern Journal of International Law & Business

The increasing globalization of companies is indisputable, and the multinational enterprise offers many heuristic challenges. Among these are jurisdiction-specific taxation and accounting standards and principles. Enterprises often operate without regard to legal entity structures but rather along business lines. While entities may operate without regard to jurisdictional lines, local taxing and accounting regimes are steadfast on ensuring adherence to their respective principles. Chief among these is ensuring that there is a proper allocation of the tax base. The proper allocation of the tax base has long been at the forefront of concerns, so much so that normative transfer pricing principles …

Ricci V. Destefano: End Of The Line Or Just Another Turn On The Disparate Impact Road?, Charles A. Sullivan

NULR Online

Reports of the death of Title VII’s disparate impact theory of discrimination in the wake of Ricci v. DeStefano may be exaggerated. Widely praised and widely criticized in the newspapers and the blogosphere, Ricci is the latest, but not the last, chapter in a long-running feud between Congress and the Supreme Court regarding disparate impact.

As the Supreme Court summarized the theory in International Brotherhood of Teamsters v. United States,disparate impact discrimination is the use of “employment practices that are facially neutral in their treatment of different groups but that in fact fall more harshly on one group than …

Thoughts On The Churn Law, Michael Halley

NULR Online

A grand alliance is forming, and new trenches are being dug on the old and hallowed battleground of the Constitution. Waving the stars and stripes of “constitutional design,” and richly equipping themselves with the weaponry of reason, scholars like Richard Fallon, Sanford Levinson, and Jack Balkin have taken the field to determine “what provisions for judicial review (if any) ought to exist in constitutions for all societies whose people and legislatures are seriously committed to respecting rights,” and to avoiding “constitutional crises” by “careful planning.” Fallon, a self-proclaimed “system-designer,” applauds himself for having “plowed rich ground.” Levinson and Balkin claim …

Why We Should Ignore The "Octomom", Kimberly D. Krawiec

NULR Online

Few familiar with the story of Nadya Suleman­­—a single, low-income, California mother of six who recently gave birth to octuplets conceived through in vitro fertilization (IVF)—do not instinctively react with outrage. Fourteen children (or even one) are a daunting number under the best of conditions, and the conditions surrounding the Suleman births are far from ideal. Yet, as the old saying goes, “hard facts make bad law,” and Suleman, dubbed “the Octomom” by the media, exemplifies the truth of this adage.

Suleman’s hard facts have led not only to bad regulatory reform proposals, but also to public fury and social …