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Royal C. Gardner, Regulacion de la contaminacion acustica en los Estados Unidos, in Regimen juridico del ruido: una perspectiva integral y comparada (Estanislao Arana Garcia and Maria Asuncion Torres Lopez eds., Comares U. Granada, 2004)Clicking on the button will copy the full recommended citation.
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Kirsten K. Davis, Persuasion Through Organization: Roadmap Paragraphs – Plotting Success from the Opening LIne, 41 Arizona Attorney 26 (2004)Clicking on the button will copy the full recommended citation.
This article discusses how to construct a persuasive roadmap paragraph.
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Kirsten K. Davis, Don’t Overlook the Legal Style Manual, 41 Arizona Attorney 12 (2004)Clicking on the button will copy the full recommended citation.
This article describes different legal style manuals.
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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.
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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.
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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.
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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.
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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.
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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.
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Roy Balleste, The International Status of Jerusalem: The Legacy of Lasting Peace, 43 Revista de Derecho Puertorriqueno 249 (2004)Clicking on the button will copy the full recommended citation.