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Full-Text Articles in Law

Revelation And Idolatry: Holy Law And Holy Terror, Regina Schwartz Jan 2009

Revelation And Idolatry: Holy Law And Holy Terror, Regina Schwartz

Faculty Working Papers

THE Book of Exodus desscribes the identity of justice and the law. Because elsewhere the gap between justice and the law is so wide -- in Christian theology when it sees the Pharisaic law as inhibiting the realization of justice; in philosophy where from Plato on, law is formal while is justice substantive; in political theory, which includes those who endorse "procedural justice" when they abandon substantive justice -- this radical biblical vision, wherein the law is justice is surely unique. This is not an understanding of the law as a series of prescriptions, the "yoke of the law" but …


The "Define And Punish" Clause And The Limit Of Universal Jurisdiction, Eugene Kontorovich Jan 2009

The "Define And Punish" Clause And The Limit Of Universal Jurisdiction, Eugene Kontorovich

Faculty Working Papers

This Article examines whether the "Define and Punish" clause of the Constitution empowers Congress to criminalize foreign conduct unconnected to the United States. Answering this question requires exploring the Constitution's "Piracies and Felonies" provision. While it is hard to believe this can still be said of any constitutional provision, no previous work has examined the scope of the "Piracies and Felonies" powers. Yet the importance of this inquiry is more than academic. Despite its obscurity, the Piracies and Felonies power is the purported Art. I basis for a statute currently in force, which represents Congress's most aggressive use of universal …


The Death Of The American Trial, Robert P. Burns Jan 2009

The Death Of The American Trial, Robert P. Burns

Faculty Working Papers

This short essay is a summary of my assessment of the meaning of the "vanishing trial" phenomenon. It addresses the obvious question: "So what?" It first briefly reviews the evidence of the trial's decline. It then sets out the steps necessary to understand the political and social signficance of our vastly reducing the trial's importance among our modes of social ordering. The essay serves as the Introduction to a book, The Death of the American Trial, soon to be published by the University of Chicago Press.