Articles

Racial Adjudication

I. Introduction II. A Puzzle: If Using Race To Integrate And To Segregate Are The Same, Then Why Is Using Race-Neutral Means To Achieve These Ends Any Different? III. Racial Adjudication Defined IV. Problems With Racial Adjudication A. Racial Adjudication Is An Indeterminate Practice-But Does That Matter? B. Racial Adjudication Might Be A Demeaning Practice 1. Criteria For Racial Adjudication 2. The Case Against Racial Classification C. Racial Adjudication Is an Incoherent Practice V. Rac...

Law s War with Conscience: The Psychological Limits of Enforcement

I. Introduction II. Cet's Place In Law And Norms Scholarship A. The Law's Support Of Internalized Norms 1. Norm Internalization Through Law's Punishments And Rewards 2. Law As Third-Party Coordinator 3. Law As Social Expression B. The Law's Conflict With Norms 1. Posner's Objection-Law's Interference With Signaling 2. Kahan's Objection-Law's Unintentional Signaling C. Examining The Law's Effect On Individuals' Self-Perception III. Cet's Place In The Analytic Model A. Psychological The...

The Brand X Constitution

In recent years, the Supreme Court's claim to be the final, definitive interpreter of the Constitution has come under sustained attack from across the political spectrum from scholars pushing for a more "popular" constitutionalism. This Article contributes to popular constitutionalism by deploying recent developments in the Supreme Court's own administrative-law doctrine against it. Together, these Chevron-related developments form the Brand X model, which stands broadly for the proposition t...

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Working the Unworkable Rule Established in Philip Morris: Acknowledging the Difference Between Actual and Potential Injury to Nonparties

I. Introduction II. Punitive Damages: A Historical Look A. Punitive Damages Awards: Two Underlying Purposes 1. Punishment 2. Deterrence B. Potential Injury To Nonparties: State Interest Protected By Punitive Damages Awards 1. Historical View 2. Modern View III. Modern Supreme Court Jurisprudence And Punitive Damages A. Justifications For Granting Punitive Damages Affirmed B. Constitutional Restrictions On The Award Of Punitive Damages C. High Court Cases Leading Up To Williams: Clarif...

Extending Hamdan v. Rumsfeld to Combatant Status Review Tribunals

I. Introduction II. Hamdan v. Rumsfeld A. Facts And Procedural History B. Overview Of The Court's Holding And Rationale C. Analysis Of Hamdan 1. Constitutional Backdrop: A Narrow Characterization Of Presidential War Powers Vis-À-Vis Congressional War Powers In The Context Of Military Commissions 2. A Clear Statement Requirement: The Executive Cannot Unilaterally Convene Military Commissions Without Clear Statutory Authorization 3. Ambiguous Provisions Construed With Presumption Against Ex...