Search
Now showing items 1-5 of 5
Emergencies and Democratic Failure
(Virginia Law Review Association, 2006)
Critics of emergency measures such as the U.S. government’s response to 9/11 invoke the Carolene Products framework, which directs courts to apply strict scrutiny to laws and executive actions that target political or ...
Deterring Murder: A Reply
(Stanford Law School, 2006)
The Delegation Lottery
(Harvard University, Harvard Law School, 2006)
Replying to Matthew C. Stephenson, Legislative Allocation of Delegated Power: Uncertainty, Risk and the Choice Between Agencies and Courts, 119 Harv. L. Rev. 1035 (2006).
Matthew Stephenson models "the decision calculus ...
Should Coercive Interrogation Be Legal?
(Michigan Law Review, 2006)
Coercive interrogation is now a live subject, thanks to 9/11. At one time, coercive interrogation played a role only in philosophical disputes about consequentialism, in which scholars asserted or denied that the police ...
Self-Defeating Proposals: Ackerman on Emergency Powers
(Fordham Law Review, 2006)
This paper responds to Bruce Ackerman's recent book on emergency powers (After the Next Attack: Emergency Powers in an Age of Terrorism). Ackerman stumbles into a methodological pitfall by offering a self-defeating proposal: ...