Introduction
In Samantar v. Yousuf, the Supreme Court held that the common law, not the Foreign Sovereign Immunities Act (FSIA), governs the immunity of current and former foreign officials from legal proceedings in U.S. courts. Lower courts must now identify and apply these “common law” rules. In so doing, they must determine whether,… Read More »
[Editor's note: This comment is in response to a comment by Professor Eugene Volokh on following law review article: Pratheepan Gulasekaram, "The People" of the Second Amendment: Citizenship and the Right To Bear Arms, 85 N.Y.U. L. REV. 1521 (2010). Professor Volokh's comment is also available on the Legal Workshop.]… Read More »
[Editor's note: This comment is in response to the following law review article: Pratheepan Gulasekaram, "The People" of the Second Amendment: Citizenship and the Right To Bear Arms, 85 N.Y.U. L. REV. 1521 (2010). Professor Gulasekaram's response is also available on the Legal Workshop.]
I read with interest “The People”… Read More »
Introduction
In modern America, law pervades the practice of democratic politics—from the regulation of public assemblies to the minutiae of election administration—and the Supreme Court is perpetually asked to adjudicate political disputes. While we take this highly regulated political process for granted, it has not always been this way.
Today’s… Read More »
Every crime consists of an illegal act committed with a guilty mind. Proving the act alone is rarely enough because the law typically does not criminalize accidents. Yet while the distinction between accidents and non-accidents seems straightforward, punishing the “guilty mind”—as students quickly learn and practicing attorneys well know—is much… Read More »
The past half-century has seen a continuing debate between “retributivists,” who view deserved punishment as a value in itself that does not require further justification, and “instrumentalists,” who view punishment as justified only if it brings about a greater good—typically the avoidance of future crime. That avoidance of crime has… Read More »
What is Tax Deregulation?
Even before the financial crisis thrust deregulation into the headlines, scholars spent decades debating its costs and benefits. Oddly, this is not the case with tax deregulation. Although lower tax rates and reduced tax complexity figured prominently in tax scholarship of that earlier period, tax deregulation… Read More »
Introduction
This editorial summarizes my forthcoming Note, 85 N.Y.U. L. REV. 358 (2010), wherein I argue that the Distinct Population Segment (DPS) Policy should be revised to allow the listing of species that are endangered solely within the United States.
Someday in the future, Americans may be distressed to discover that… Read More »
I.
The Need for Sustainable Agriculture
Advocates of alternative agriculture argue that conventional modes of agricultural production are problematic because they ignore natural limits. The goal of sustainable agriculture, a form of alternative agriculture, is to farm in accordance with the structure of local ecosystems. This “nature as standard”… Read More »
Security is not free. To be marginally safer from any external threat, a state often must be willing to pay billions of dollars. The full cost of security goes beyond military budgets: When military action is taken—for example, through a campaign or an embargo—national wealth is often sacrificed in opportunity… Read More »