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Now showing items 1-10 of 44
Toward Taping
(Ohio State Journal of Criminal Law, 2003)
Numerous authors, from all points on the political spectrum, have advocated that police interrogations be taped. But police rarely record custodial questioning, at least in full, and only a handful of courts have found ...
War and American Constitutional Order
(Vanderbilt Law Review, 2003)
In their introduction to a fine new edition of Alexis de Tocqueville's Democracy in America, Harvey C. Mansfield and Delba Winthrop claim that "[i]f the twentieth century has been an American century, it is because the ...
Beyond Accountability: Arbitrariness and Legitimacy in the Administrative State
(New York University Law Review, 2003)
This Article argues that efforts to square the administrative state with the constitutional
structure have become too fixated on the concern for political accountability. As a result, those efforts have overlooked an ...
Rethinking Legally Relevant Mental Disorder
(Ohio Northern University Law Review, 2003)
The law insists on maintaining mental disorder as a predicate for a wide array of legal provisions, in both the criminal justice system and the civil law. Among adults, only a person with a "mental disease or defect" can ...
Spiritual But Not Intellectual? The Protection of Sacred Intangible Traditional Knowledge
(Cardozo Journal of International & Comparative Law, 2003)
The use of sacred aboriginal art is nothing new. It is fairly common to see dream catchers hanging from rear view mirrors in cars. In Australia, sacred aboriginal designs are often found on tea towels, rugs and restaurant ...
Integrity and Reflection
(Fordham Law Review, 2003)
Professor Waldron and Professor Michelman have presented us with two interesting, but very different, views on what procedural components might contribute to the integrity of lawmaking. I will focus on a different aspect ...
The Unmaking of a Precedent
(Supreme Court Review, 2003)
How far can you stretch precedent before it breaks? The 2002 Term suggests that some Justices seem to think that treating precedent like silly putty is preferable to acknowledging that it might be in need of revision. But ...
Proposal for a Model State Watershed Management Act
(Environmental Law, 2003)
During the Montana Constitutional Convention of 1889, John Wesley Powell, envisioning a landscape of watershed commonwealths, proposed that Montana adopt watersheds as the boundaries of its counties. The idea did not catch ...
International Criminal Law Aspects of the War Against Terrorism
(2003)
The debates about forums and processes for prosecuting those accused of terrorist acts have resonated across the globe since September 11, 2001. Discussion is likely to intensify in this regard in preparation for the ...
Home on the Range: Family and Constitutionalism in American Continental Settlement
(Emory Law Journal, 2003)
For more than a century the Supreme Court of the United States has championed family as an institution of constitutional significance. The Court recently affirmed this position in Troxel v. Granville, 530 U.S. 57 (2000). ...