Journals

U.S. federal courts have held as a matter of law that torture is within the “scope of employment” of federal officials. Under the current absolute immunity doctrine, such a determination results in the automatic substitution of the United States as defendant. Since the United States is immune from torture liability because of sovereign immunity and… continue reading

The writ of habeas corpus is perhaps the most fundamental guarantee of liberty in a democracy. The United States’ federal habeas corpus statute was first enacted as part of the Judiciary Act of 1789. As Justice Stevens has noted, habeas corpus is “however, ‘a writ antecedent to statute . . . throwing its root deep… continue reading

My thesis is that the Military Commissions Act represents a total failure of Congress to pay attention to some basic propositions of international treaty and customary law and a failure to exercise its powers under the Constitution. The Congress that passed the legislation was led by Republicans, but I have not seen the Democrats rushing… continue reading

On February 21, 2008, the thirteen commissioners of Miami- Dade County approved a plan to spend $347 million in taxpayer money to build a new 37,000-seat retractable-roof ballpark for the Florida Marlins baseball club. The plan requires the county to contribute roughly two thirds of the cost for the new ballpark, with the city of… continue reading

This essay is a polemic. As an attorney turned political scientist, it reflects my reaction to a pervasive theme that permeates much of the political science literature, particularly within the subfield of law and politics. It is intended to air concerns that will likely resonate with many in the legal community. Legal professionals who have… continue reading

With time the fury has subsided but the feelings from Chase’s own twenty-first century version of 1984 remain vivid – the shock and humiliation of being portrayed by the ABA and AALS as one of the group of male faculty creating a “pervasive hostile environment” is an experience I would wish on no one. How did… continue reading

Whether or not those words were true when Kant penned them over two centuries ago, they are truer today than ever before in human history, and will resonate even more profoundly in the future. The current interrelated financial, economic, climate, energy, food, water, political, and security crises affecting the globe only highlight the historically unprecedented… continue reading

Herbert Hoover administered the American program providing food and other assistance to Europe in the wake of the First World War. From this experience, he said that “[i]t is impossible to discuss the peace of the world until adequate measures have been taken to alleviate the fear of hunger.” View More

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With the recent tragedy of the I-35W Mississippi River bridge collapse in Minnesota, the state of the nation’s transportation infrastructure was thrust into the national spotlight. Thirteen people were killed and over one hundred injured when a steel truss arch bridge collapsed into the Mississippi River outside of Minneapolis in August of 2007. News of… continue reading