Category: Issue 7
Incarceration or E-Carceration: California SB 10 Bail Reform and the Potential Pitfalls for Pretrial Detainees
On April 23, 2017, Kenneth Humphrey followed an elderly man into his home and demanded money—he left with seven dollars and a bottle of cologne.11. In re Humphrey, 228 Cal. Rptr. 3d 513, 518 (Cal. Ct. App. 2018). A few days later, Humphrey was arrested and a court ordered that he be held on $350,000…
To Know Our Enemy: How and When the International Laws of War Define Whom the President May Fight in the War on Terror
Gianni P. Pizzitola
Within one week of the terrorist attacks on September 11, 2001, the United States Congress authorized the President to hunt down those responsible. Through the Authorization for the Use of Military Force (AUMF), Congress granted the President the power to mobilize the military and destroy the terrorist organizations that planned and carried out the attack….
Privacy as Pretext
The terms of the debate over LGBT rights have shifted in recent years, particularly since the Supreme Court made marriage equality the law of the land in Obergefell v. Hodges. Today, people against LGBT equality argue that curtailing LGBT rights is necessary to protect the rights of others. One potent rhetorical weapon used to oppose…
Does the Clear and Present Danger Test Survive Cost-Benefit Analysis?
Cass R. Sunstein, Robert Walmsley University Professor, Harvard University.
Under American regulatory law, the dominant contemporary test involves cost-benefit analysis. The benefits of regulation must justify the costs; if they do, regulation is permissible and even mandatory. Under American free speech law, in sharp contrast, an important contemporary test for the regulation of speech involves “clear and present danger.” In general, officials cannot censor…
Oversight Failure in Securities Markets
Yesha Yadav, Professor of Law, Vanderbilt Law School
According to statute, securities exchanges play an essential role in ensuring compliance with applicable laws and industry standards. Long imagined as unique in their institutional capacity to bring traders together, collect information and exclude problem participants from the marketplace, exchanges have offered an efficient source of private discipline for public regulators. The classic conception of…