Search
Now showing items 1-10 of 51
Entrenching Environmentalism
(University of Chicago Law Review, 2010)
This piece for the University of Chicago Law Review Symposium: Reassessing the State and Local Government Toolkit, examines how local governments can use private law mechanisms to entrench policy in ways that circumvent ...
Power, Exit Costs, and Renegotiation in International Law
(Harvard International Law Journal, 2010)
Scholars have long understood that the instability of power has ramifications for compliance with international law. Scholars have not, however, focused on how states’ expectations about shifting power affect the initial ...
Originalism and Summary Judgment
(Ohio State Law Journal, 2010)
Over the last several years, the Supreme Court has revolutionized modern criminal procedure by invoking the Sixth Amendment right to a jury trial to strike down several sentencing innovations. This revolution has been led ...
Sustaining Tiered Personhood
(Harvard Journal on Racial & Ethnic Justice, 2010)
Latino immigrants are moving to areas of the country that have not seen a major influx of immigrants. As a result of this influx, citizens of these formerly homogenous communities have become increasingly critical of federal ...
The Unspoken Voices of Indigenous Women in Immigration Raids
(Journal of Gender, Race & Justice, 2010)
The voices of the most vulnerable populations often point towards social constructs in dire need of systemic change. The treatment of immigrant women in workplace raids exemplifies this concept. Over the last couple of ...
Black and Brown Coalition Building During the "Post-Racial" Obama Era
(Saint Louis University Public Law Review, 2010)
This essay explores how the past Civil Rights Movement and discrimination against persons of color, mainly Latinos and African Americans, can help to address current forms of discrimination in our country. In particular, ...
Macro-Risks
(Duke Environmental Law & Policy Forum, 2010)
Drawing on the recent financial crisis, we introduce the concept of macro-risk. We distinguish between micro-risks, which can be managed within conventional economic frameworks, and macro-risks, which threaten to disrupt ...
The Complementarity Conundrum: Are We Watching Evolution or Evisceration?
(Santa Clara Journal of International Law, 2010)
The Rome Statute nowhere defines the term "complementarity, " but the plain text of Article 1 compels the conclusion that the International Criminal Court was intended to supplement the foundation of domestic punishment ...
The Regulation of Inchoate Technologies
(Houston Law Review, 2010)
In this Essay, I explain why and how certain technologies I refer to as "inchoate" defeat regulatory interventions. I examine the "law" of unintended consequences and the role of regulatory ideologies. I suggest that ...
Adaptive Management in the Courts
(Minnesota Law Review, 2010)
Adaptive management has become the tonic of natural resources policy. With its core idea of "learning while doing," adaptive management has infused the natural resources policy world to the point of ubiquity, surfacing in ...