Tag Archives: Issue 1

The Flood: Political Economy and Disaster

As summer faded to fall in 2005, a hurricane hit New Orleans, a city so unique in its history that it has more history than many American cities. It was nonetheless an American city in these telling parameters: a city … Continue reading

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Judicial Supervision of Campaign Information: a Proposal to Stop the Dangerous Erosion of Madison’s Design for Actual Representation

On September 4, 2005, less than one week after Hurricane Katrina devastated New Orleans and the Gulf Coast, and more than three years into an escalating quagmire in Iraq, Frank Rich facetiously paraphrased Secretary of Defense Donald Rumsfeld, writing, “for … Continue reading

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Business Necessity and Hostile Work Environment: an Evolutionary Step Forward for Title VII

So, imagine that you are a bright, young college graduate. You are also a female. The first interview that you get is with a new internet magazine that was launched only a few months ago. The job you are interviewing … Continue reading

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Applicants Laid Bare: the Privacy Economics of University Application Files

So—Princeton University’s admissions staff hacked into Yale University’s application files to get access to personal information about Yale applicants. This unlikely event brings to mind the comprehensiveness of application files—a veritable one-stop-shop for those interested in applicants’ personal information. Just … Continue reading

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The Evolution of the “Patient”: Shifts in Attitudes About Consent, Genetic Information, and Commercialization in Health Care

A momentous ideological change in the world of health care has accompanied the advent of managed care, third party payers, soaring costs, and sophisticated medical technology. The ideological change has facilitated a far-reaching transformation in the physician-patient relationship. A form … Continue reading

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Re-membering Law in the Internationalizing World

This article addresses the current unprecedented intermingling of laws and legal norms in our internationalizing world. It examines in particular the meeting of the common and civil law in the European Union as an indication of the often unseen and … Continue reading

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Responsibility and Control

In two recent cases, Kansas v. Hendricks and Kansas v. Crane, the Supreme Court upheld sex predator legislation. The Kansas statute, which is similar to legislation adopted in other states, provides for the indefinite detention of those classified as sex … Continue reading

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Why We Need a Federal Reporter’s Privilege

Over the past year, I have publicly criticized members of the press for overstating their First Amendment rights and New York Times reporter Judith Miller for refusing to abide by the rule of law. When journalists disregard lawful court orders … Continue reading

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The Community Dimension of State Child Protection

The other day I had a conversation with a civil liberties lawyer about racial inequities in the child welfare system, the institution charged with protecting children from abuse and neglect. America’s child welfare system is marked by pronounced and disturbing … Continue reading

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Kelo and the Local Political Process

Most of the commentary on the recent decision in Kelo v. City of New London, in which the Supreme Court upheld a municipality’s right to condemn private land for economic development, has focused on the substantive rights allocated by the … Continue reading

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