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Welcome to Hazleton! "Illegal" Immigrants Beware
(Loyola University Chicago Law Journal, 2009)
On July 13, 2006, the city of Hazleton made national news as the first municipality in the country to pass ordinances against illegal immigrants. The majority of municipal legislation that passed regulated the employment ...
Soft Law as Delegation
(Fordham International Law Journal, 2009)
This article examines one of the most important trends in international legal governance since the end of the Second World War: the rise of "soft law," or legally non-binding instruments. Scholars studying the design of ...
The Constitutionality of State and Local Laws Targeting Immigrants
(University of Arkansas at Little Rock Law Review, 2009)
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 ...
Micro-Offsets and Macro-Transformation
(Harvard Environmental Law Review, 2009)
We have been asked to examine climate change justice by discussing the methods of allocating the costs of addressing climate change among nations. Our analysis suggests that climate and justice goals cannot be achieved by ...
Remaking the United States Supreme Court in the Courts' of Appeals Image
(Duke Law Journal, 2009)
We argue that Congress should remake the United States Supreme Court in the U.S. courts' of appeals image by increasing the size of the Court's membership, authorizing panel decision making, and retaining an en banc procedure ...
Mental Illness and Self-Representation: Faretta, Godinez and Edwards
(Ohio State Journal of Criminal Law, 2009)
In the recent decision of Indiana v. Edwards the Supreme Court held that the right to represent oneself may be denied to defendants who are competent to stand trial if they "still suffer from severe mental illness to the ...
Using Criminal Punishment to Serve Both Victim and Social Needs
(Law and Contemporary Problems, 2009)
In this article we propose changing the manner in which control rights over criminal sanctions are distributed. This modest change has the potential to increase victim well-being without interfering with social needs. ...
Chevron's Mistake
(Duke Law Journal, 2009-01)
Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. asks courts to determine whether Congress has delegated to administrative agencies the authority to resolve questions about the meaning of statutes that those ...
Serendipity
(North Carolina Law Review, 2009)
Serendipity, the process of finding something of value initially unsought, has played a prominent role in modern science and technology. These "happy accidents" have spawned new fields of science, broken intellectual and ...
Counterinsurgency, the War on Terror, and the Laws of War
(Virginia Law Review, 2009)
Since the wars in Afghanistan and Iraq, military strategists, historians, soldiers, and policymakers have made counterinsurgency's principles and paradoxes second nature, and they now expect that counterinsurgency operations ...