Cybercrime-Cyberterrorism Article
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Ellen S. Podgor, Cybercrime-Cyberterrorism, 19 Nouvelles Études Penale 283 (2004)Clicking on the button will copy the full recommended citation.
Articles
Diversity and Democracy Article
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Paul Boudreaux, Diversity and Democracy, 72 U. Cin. L. Rev. 961 (2004)Clicking on the button will copy the full recommended citation.
For decades, American law has debated, inconclusively, whether the great legal pronouncements against race discrimination permit “affirmative action.” As a means of ending much of this debate, this article argues that it may be a good time for Congress to answer this question directly. For decades, it was assumed that affirmative action would never be accepted explicitly by legislatures; it would have to be adopted through less democratic means. But attitudes have changed, and the time might be ripe for straighter talk and a democratic solution to the affirmative action debate.
The Practical Aspects of Practicing Elder Law–Making Your Office Elder Friendly Article
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Rebecca C. Morgan, The Practical Aspects of Practicing Elder Law–Making Your Office Elder Friendly, 38 ABA Fam. L.Q. 269 (2004)Clicking on the button will copy the full recommended citation.
Cybercrime: National, Transnational, or International? Article
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Ellen S. Podgor, Cybercrime: National, Transnational, or International?, 50 Wayne L. Rev. 97 (2004)Clicking on the button will copy the full recommended citation.
The Electoral College and Its Meager Federalism Article
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Paul Boudreaux, The Electoral College and Its Meager Federalism, 88 Marq. L. Rev. 195 (2004)Clicking on the button will copy the full recommended citation.
The odd system for choosing the American president – the electoral college – has been defended on shifting grounds over the years. Only one of these grounds – federalism – currently remains. This article examines the historical record and concludes that federalism was not a significant reason for adoption of the system. Today, the electoral college provides at best a very meager form of federalism. Conversely, it encourages candidates to ignore states during each election and holds the potential for great mischief, including the election of a truly “regional” president.
Department of Justice Guidelines: Balancing “Discretionary Justice” Article
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Ellen S. Podgor, Department of Justice Guidelines: Balancing “Discretionary Justice”, 13 Cornell J.L. & Pub. Pol'y 167 (2004)Clicking on the button will copy the full recommended citation.
Prosecutors are afforded enormous discretion in a multitude of decisions. Internal guidelines of the Department of Justice (DOJ) assist federal prosecutors in making the decisions that fall within their discretionary realm. Although these guidelines are policy statements and not legislative rules, they offer an element of consistency to the decision-making process, provide education for newcomers to the department, and can serve as a restraint on prosecutorial discretion.
Prosecutors do not always adhere to these internal guidelines. This article studies ways to achieve better compliance. It examines remedies that achieve a balance between continuing the practice of having guidelines and yet also having meaningful policies that are adhered to by department employees.
Vouchers, Buses, and Flats: The Persistence of Social Segregation Article
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Paul Boudreaux, Vouchers, Buses, and Flats: The Persistence of Social Segregation, 44 Vill. L. Rev. 55 (2004)Clicking on the button will copy the full recommended citation.
Gideon at 40: Facing the Crisis, Fulfilling the Promise Article
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Ellen S. Podgor, Gideon at 40: Facing the Crisis, Fulfilling the Promise, 41 Am. Crim. L. Rev. 131 (2004)Clicking on the button will copy the full recommended citation.
Small Liberal Arts Colleges, Fraternities, and Antitrust: Rethinking Hamilton College Article
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Mark D. Bauer, Small Liberal Arts Colleges, Fraternities, and Antitrust: Rethinking Hamilton College, 53 Cath. U. L. Rev. 347 (2004)Clicking on the button will copy the full recommended citation.
When small liberal arts colleges, particularly those in the Northeastern United States, abolish fraternities and sororities, they may be violating the antitrust laws. Additionally, by removing what may be the only viable competitor for room and board services for students in the small towns that host these liberal arts colleges, these schools are then free to raise room and board prices, at least to the level of their most expensive competitor. Since small liberal arts colleges in the Northeast are typicall the most expensive colleges in the country, and since their charges are outliers for all colleges, these increases in room and board prices may provide cover for increases in colleges across the United States.
Democratic Citizenship and Congressional Reconstruction: Defining and Implementing the Privileges and Immunities of Citizenship Article
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James W. Fox, Democratic Citizenship and Congressional Reconstruction: Defining and Implementing the Privileges and Immunities of Citizenship, 13 Temp. Pol. & Civ. Rts. L. Rev. 453 (2004)Clicking on the button will copy the full recommended citation.
This article, which is part of a symposium volume entitled "Vision and Revision: The Fourteenth Amendment", considers the implementation of the Fourteenth Amendment during Reconstruction through the lens of democratic citizenship. I argue that Reconstruction can profitably be seen as an exploration of the possible meanings of democratic citizenship, conducted at a time when emancipation forced upon politicians and political thinkers questions about the real-world meaning of citizenship. Congress confronted the necessity of implementing actual privileges, rather than merely proclaiming vague ideals, and did so by enacting a spate of federal legislation throughout Reconstruction designed to implement citizenship and its privileges. I argue that these enactments, when considered in conjunction with the activities of the Freedmen's Bureau and with the arguments and actions of African-American leaders and political actors such as John Mercer Langston, demonstrate a nascent concept of democratic citizenship encompassing a range of activities in civil society - including family, religion, politics, commerce, and education - which were seen as essential to the implementation of full citizenship. Along the way I also challenge the standard historical interpretation that the Reconstruction Era legal and political actors assumed a rather clear division of rights into the three tiers of civil, political, and social, and the even more disputable idea that they "meant" to exclude social rights from national citizenship protection. The Article concludes with some thoughts on the possible meanings of a democratic citizenship vision of the Fourteenth Amendment for modern interpreters.