Category: Issue 6

Article

Politics and Authority in the U.S. Supreme Court

Joshua B. Fischman, Professor of Law, University of Virginia School of Law

Public discourse on the Supreme Court often focuses on the divide between the liberal and conservative Justices. There has been a second persistent divide in the Court, however, which has been largely overlooked by scholars, the media, and the public. This second divide has arisen most often in cases involving the jury trial right, the…

Sep 2019

Note

Locked Up, Then Locked Out: The Case for Legislative—Rather Than Executive—Felon Disenfranchisement Reform

Amanda J. Wong

A cohesive anti-felon disenfranchisement perspective has gained traction over the last two decades in America. Scholars have harshly criticized disenfranchisement provisions for their insulation and perpetuation of nonwhite marginalization a la Jim Crow. ` Other critics have also decried felon disenfranchisement for barring prior felons from full social integration. Still more critics point to how…

Sep 2019

Note

Incorporating the Fresh Start Into Sovereign Debt Restructuring Through Odious Debt

Matthew B. Masaro

One of the glaring differences between personal bankruptcies and sovereign “bankruptcies” is the absence of a fresh start for sovereigns. This is largely because sovereigns cannot declare bankruptcy in the same way that individuals can declare bankruptcy.11. Martin Guzman et al., Introduction to TOO LITTLE, TOO LATE: THE QUEST TO RESOLVE SOVEREIGN DEBT CRISES XIII, XIII…

Sep 2019

Article

Aiding and Abetting in International Criminal Law

Oona A. Hathaway, Alexandra Francis, Aaron Haviland, Srinath Reddy Kethireddy & Alyssa T. Yamamoto

To achieve justice for violations of international law such as genocide, torture, crimes against humanity, and war crimes, it is essential to address complicity for international crimes. Beginning in the 1990s, there was a proliferation of international and hybrid criminal tribunals, which sought to hold perpetrators of these crimes accountable and, in turn, generated an…

Sep 2019

Article

Staying Faithful to the Standards of Proof

Kevin M. Clermont, Ziff Professor of Law, Cornell University

Academics have never quite understood the standards of proof or, indeed, much about the theory of proof. Their formulations beget probabilistic musings, which beget all sorts of paradoxes, which in turn beget radical reconceptions and proposals for reform. The theoretical radicals argue that the law needs some basic reconception such as recognizing the aim of…

Sep 2019