Articles

Double Denial: How Both the DOL and Organized Labor Fail Domestic Agricultural Workers in the Face of H-2A

The Department of Labor ("DOL") is not complying with the spirit of the agency's regulations governing the H-2A temporary agricultural guest-worker program. With the increasing use of the program, the DOL must reform its H-2A procedures and regulations to better protect the domestic workforce from adverse effects. Such changes should include: (1) a more localized review of H-2A applications prior to their submission to the regional DOL offices, (2) increased transparency in the application pr...

Finding International Law: Rethinking the Doctrine of Sources

The doctrine of sources has served international law well over the past century, providing structure and coherence during a time when international law was expanding rapidly and dramatically. But the doctrine's explanatory power is increasingly being challenged. Current doctrine tells us that treaties are international law; empirical evidence, however, suggests that treaties are poor predictors of state practice. The expansion of the international community, the rise of human rights, developm...

Lady Madonna, Children at Your Feet: The Criminal Justice System's Romanticization of the Parent-Child Relationship

In February 2007, two teenage brothers were each sentenced to ten years in prison for burglary and animal cruelty after they broke into a community center and killed a puppy by baking it to death in the center's gas oven.Just one week earlier, a thirty-year-old mother named Amanda Hamm was sentenced for helping her boyfriend kill her three young children. The children drowned after Hamm and her boyfriend intentionally rolled their car into a lake with the children strapped inside. What senten...

Scrutinizing Foreign Investment: How Much Congressional Involvement Is Too Much?

Foreign direct investment is vital to the continued growth and vitality of the U.S. economy. Except for transactions affecting national security, foreign investment receives little scrutiny from the U.S. government. This Note addresses the appropriate level of congressional influence in the review of foreign-investment transactions. In regulating foreign investment, Congress must delicately balance the competing interests of national security and open investment. The latest amendment to regul...

The Common-Law Rule of Consistency in Modern Capital Sentencing

The common-law rule of consistency prevented a defendant's conviction upon the acquittal of all confederates for a crime requiring multiple parties. Though most federal circuit courts of appeal pronounced the rule dead after a series of Supreme Court decisions ending in United States v. Powell, the Sixth Circuit recently invoked the rule in Getsy v. Mitchell to reverse a death sentence returned against a hired murderer-a decision subsequently reversed on en banc review. This Note highlights t...

The Structure of Search Engine Law

Introduction . I. Search Engine Technology and Business. A. Technology. 1. Indexing . 2. Queries . 3. Results . 4. Content . B. Business. II. The Structure of Search Engine Law . A. Users' Interests. 1. Query Privacy . 2. Unbiased Results . B. Providers' Interests. 1. Minimizing Costs . 2. Avoiding Unfair Competition. 3. Prominent Placement in Results . C. Third Parties' Interests. 1. Ownership. 2. Reputation . 3. Privacy . 4. User Virtue . D. Search Engines' Interests. 1. Preventing Search E...