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Ellen S. Podgor, Book Review, The International Dimensions of Cyberspace Law, 12 International Criminal Justice Review 122 (2002)Clicking on the button will copy the full recommended citation.
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Ann Piccard, Tick, Tick, Tick . . . The Electoral College, a Ticking Time Bomb, 5 Richmond Journal of Law and the Public Interest 34 (2002)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, International Computer Fraud: A Paradigm for Limiting National Jurisdiction, 35 U.C. Davis L. Rev. 267 (2002)Clicking on the button will copy the full recommended citation.
Should the United States prosecute computer fraud crimes that occur extraterritorially? This Article examines traditional methods used to determine whether jurisdiction is appropriate for prosecution of criminal conduct that occurs outside the United States. Focusing specifically on computer fraud crimes, the question becomes whether traditional methodologies should remain applicable in light of the ease of use and worldwide accessibility of computers. Although the Article discusses some of the ongoing international discussions related to jurisdiction of computer crimes, it focuses on national issues that can remain irrespective of the adoption of international treaties. This Article stresses the importance of tempering prosecution of extraterritorial computer fraud acts.
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James W. Fox, Re-Readings and Misreadings: Slaughter-House, Privileges or Immunities, and Section Five Enforcement Powers, 91 Ky. L.J. 67 (2002)Clicking on the button will copy the full recommended citation.
This Article wears two hats: on the one hand it responds to recent revisionist re-readings of Justice Miller's opinion in the Slaughter-House Cases, and on the other hand it seeks a historical connection between two areas of Fourteenth Amendment jurisprudence invigorated by recent Supreme Court decisions. On the latter point I argue that the historical background of the framing and early application of the Fourteenth Amendment reveals an intimate and essential connection between the proper interpretation of the Privileges or Immunities Clause (an issue hinted at by the Court in Saenz v. Roe) and congressional enforcement powers under Section Five (an issue actively addressed by the Court in City of Boerne and its progeny).
The Article's architecture is as follows: Part One critiques the Slaughter-House revisionists, arguing that they provide an overly charitable reading of Justice Miller's opinion on the question of the incorporation of the Bill of Rights. Part Two explores the historical evidence from congressional debates about the Amendment and simultaneous congressional legislation such as the Civil Rights Act of 1866 and the Freedman's Bureau Act and then critiques the revisionists' implicit adoption of Miller's anti-natural rights interpretation of federal citizenship privileges. Part Three develops the idea of the congressional power of interpretive enforcement of the Privileges and Immunities Clause, primarily through a close reading of some of the congressional actions throughout Reconstruction, including the Anti-Peonage Act, the Enforcement (Anti-Klan) Act of 1871 and the Civil Rights Act of 1875. This Part argues that Congress took a fairly broad view of the Privileges or Immunities Clause and its own powers prior to the Supreme Court's decision in Slaughter-House, and that Slaughter-House re-directed congressional discourse away from a more expansive, fundamental rights interpretation of the Clause and toward a more constrained equality-of-rights interpretation. Finally, Part Four discusses the final blow to congressional development of the Privileges or Immunities Clause, the Civil Rights Cases.
This Article suggests that if it is true that Congress should play an important role in developing the contours of the Privileges or Immunities Clause, then actions by Congress which are based on its understanding of the Clause should be accorded more deference than currently granted by Court. By re-uniting the historical understandings of the Privileges or Immunities Clause and the Enforcement Clause modern interpreters might find a plausible but overlooked constitutional basis for congressional actions to protect the rights of groups such as women, the disabled, and religious minorities.
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Ellen S. Podgor, Computer Crimes and the USA PATRIOT Act, 17 Criminal Justice 61 (2002)Clicking on the button will copy the full recommended citation.
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Susan D. Rozelle, The Utility of Witt: Understanding the Language of Death Qualification, 54 Baylor L. Rev. 677 (2002)Clicking on the button will copy the full recommended citation.
Death qualification is the process by which prospective jurors are questioned at voir dire regarding their attitudes toward the death penalty. Those who indicate they are so opposed to capital punishment that they either (1) would not find the defendant guilty regardless of the evidence, or (2) would not consider death as a possible sentence regardless of the circumstances of the crime, are excused for cause. They are not “death qualified” and may not sit.
Others have pressed for an end to the “disturbing practice” of death qualification because it denies capital defendants their constitutional rights to a jury drawn from a fair cross-section of the community and to an impartial jury. This article offers an understanding of the law of death qualification as it presently exists that ensures that capital defendants are provided the protections to which they are entitled, without requiring a change in the law.
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Ellen S. Podgor, White Collar Cooperators: The Government in Employer-Employee Relationships, 23 Cardozo L. Rev. 795 (2002)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner, International Assistance, Sustainable Development, and the War on Terrorism, 32 Envtl. L. Reporter 10681 (2002)Clicking on the button will copy the full recommended citation.
This article discusses the relationship between international assistance and in particular official development assistance (ODA) and sustainable development. The article then reviews why the United States ought to provide international assistance for sustainable development. Then it examines the level of U.S. ODA, prior to the 1992 United Nations Conference on Environment and Development (UNCED) in Rio de Janiero and post-Rio, and compares U.S. actions with those of other nations. The article concludes with the recommendations for the United States and for the World Summit on Sustainable Development in Johannesburg.
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Royal C. Gardner, International Assistance, Sustainable Development, and the War on Terrorism, reprint, in 32Official Development Assistance in Stumbling Towards Sustainability (John Dernbach ed., 2002)Clicking on the button will copy the full recommended citation.
This article discusses the relationship between international assistance and in particular official development assistance (ODA) and sustainable development. The article then reviews why the United States ought to provide international assistance for sustainable development. Then it examines the level of U.S. ODA, prior to the 1992 United Nations Conference on Environment and Development (UNCED) in Rio de Janiero and post-Rio, and compares U.S. actions with those of other nations. The article concludes with the recommendations for the United States and for the World Summit on Sustainable Development in Johannesburg.
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Royal C. Gardner, Book Review, Wetlands Explained: Wetlands Science, Policy and Politics in America, Journal of Experimental Marine Biology and Ecology 192 (2002)Clicking on the button will copy the full recommended citation.