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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.
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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.
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Roberta Flowers, Introduction, 34 Stetson L. Rev. 1 (2004)Clicking on the button will copy the full recommended citation.
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Cynthia Hawkins DeBose, Pan-Africanism, in Encyclopedia of Black Studies (Molefi Kete Asante and Mambo Ama Mazama eds., Sage, 2004)Clicking on the button will copy the full recommended citation.
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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.