Category: Law Rev (Yale)

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The Yale Law Journal Pocket Part: Congressional Ethics

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Congressional ethics scandals have appeared frequently on the front pages of newspapers for the last several years; in March 2008, the House of Representatives approved “one of the most significant changes to its ethics rules in decades, creating for the first time an independent panel empowered to initiate investigations of alleged misconduct by members of the chamber.” This issue of The Pocket Part addresses a related proposal made last year in The Yale Law Journal by Josh Chafetz; Chafetz calls for “a new congressional oversight body, modeled on the British Parliamentary Commissioner for Standards.”

In his Reply, Paul M. Thompson argues that Chafetz’s proposal is unnecessary, and that the recent ethics scandals that have plagued Congress are signs that a system that is functioning well, rather than one that is in “disrepair.” “Like the fever that accompanies a virus,” Thompson argues, “they are a sign that our body politic can heal itself.” Furthermore, according to Thompson, Chafetz’s proposal would “replace a system that works with one that is redundant, at best, and prone to partisanship and gridlock, at worst.”

Chafetz responds to Thompson’s criticisms by arguing that Thompson’s position relies on the inapplicable paradigm of criminal law as a model for ethics enforcement. Instead, Chafetz claims, “Congressional ethics is not simply about punishing rulebreakers; rather, it aims to promote public trust in Congress and its members.” Under this framework, “it is clear not only that our current system is in shambles, but also that the creation of Congressional Commissioners would be a useful corrective.”

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Yale Law Journal Pocket Part Call for Papers

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The Yale Law Journal Pocket Part is soliciting short essays and commentaries on the challenges and opportunities presented by the growth of sovereign wealth funds. We are seeking practitioner and scholarly perspectives on the legal, political, and institutional implications of foreign government investment in domestic and international corporations. We are also soliciting commentaries and essays related to the legal issues presented by virtual worlds and economies. Submissions may address, but need not be limited to, the overlap with and implications for real-world institutions. All accepted pieces will be published in two special symposia issues of the Pocket Part published this Fall.

Please visit www.thepocketpart.org for submissions guidelines. Sovereign wealth fund submissions are due June 27th and virtual world submissions are due August 25th.

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The Yale Law Journal Pocket Part: State Legislatures

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This week, The Pocket Part presentes the second of two issues on recent developments in courts and legislatures. In this installment, we survey a variety of interesting trends among state legislatures.

First, Mitchell M. Gans, Bridget J. Crawford & Jonathan G. Blattmachr comment on new state laws that establish descendible rights of publicity. Authors argue that such laws may have unforeseen federal estate tax consequences. They propose revisions to the new laws to avoid an unintended tax bite for heirs.

Next, Kamal Ghali discusses a new internal procedural rule implemented by Georgia’s state legislature. House Rule 11.8 gives the Speaker unprecedented legal power to control the function of legislative committees. Ghali argues that argues that Rule 11.8 is an abuse of the committee system, which should push legal scholars to theorize about the normative value of allowing such laissez-faire organization of our legislatures.

Christen Linke Young discusses a new trend among states interested in resource preservation to rely on tax incentives to encourage voluntary efforts. Young discusses key issues facing states contemplating such measures.

Finally, Jeffrey M. Hirsch argues for the elimination of state authority to regulate the workplace. Hirsch argues that scholars are overly optimistic about the ability of federalism to improve workplace regulation.

As with our last state law issue, you will find links to audio Podcasts of the Commentaries at the end of each piece. The Podcasts are in mp3 format for listening online or downloading into to protable audio players.

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The Yale Law Journal Pocket Part: Hybrid Situations

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In this issue, Murad Hussain discusses his recent Note, in which he proposes that the Free Exercise Clause doctrine of “hybrid situations” be used to encourage judicial recognition of group harms resulting from “governmental burdens upon religiously motivated exercises of secular constitutional rights.” Hussain argues that this strategy could be useful to American Muslims who bear the brunt of certain forms of counterterrorism profiling.

In response, Bernadette Meyler questions the immediate impact of the strategy, but notes that it could “eventually afford judges greater insight into the harms occasioned by the governmental action at issue and encourage them to weigh these in the balance against the national security interests that they invoke.” Frederick Mark Gedicks questions whether “hybrid rights” exist at all, and even if they did, why religious groups should be “more deserving of constitutional protection” than secular ones. R. Richard Banks, however, argues that Hussain does not go far enough, especially as his theory regards “the legitimate anxiety about the judicial role that may underlie courts’ disinclination to invalidate antiterrorism measures that impose group harms.” Hussain responds to each of these authors.

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The Yale Law Journal Pocket Part: State Courts

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This week, The Pocket Part presents the first of two issues on recent developments in state courts and legislatures. In this installment, we are honored to present Commentaries by two influential state jurists: Chief Justice Randall T. Shepard of the Indiana Supreme Court and Chief Justice Margaret H. Marshall of the Massachusetts Supreme Judicial Court.

Chief Justice Shepherd’s Commentary discusses the leading role played by state courts in reforming the “crown jewel of America’s legal system”: the institution of the jury. Chief Justice Marshall’s Commentary discusses recent administrative reforms aimed at delivering justice to litigants “promptly, and without delay,” as mandated by the Massachusetts Constitution.

The Pocket Part is also proud to introduce an exciting new feature: The Yale Law Journal Podcast. In our first segment, Chief Justices Shepard and Marshall discuss emerging issues in state courts, as well as the academy’s influence on state court decision-making. In addition, you will find links to audio Podcasts of the Justices’ Commentaries at the end of each piece. The Podcasts are in mp3 format for listening online or downloading to portable audio players.

We hope that this new medium will further The Pocket Part’s goal of expanding the reach of legal scholarship.

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The Yale Law Journal, Volume 117, Issue 5 (March 2008)

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The Yale Law Journal, Volume 117, Issue 5 (March 2008)

ARTICLES

Race and Democratic Contestation

Michael S. Kang

The Access to Knowledge Mobilization and the New Politics of Intellectual Property

Amy Kapczynski

REVIEW

Giving the Constitution to the Courts

Jamal Greene

NOTE

Defending the Faithful: Speaking the Language of Group Harm in Free Exercise Challenges to Counterterrorism Profiling Murad Hussain

COMMENTS

Ledbitter in Congress:The Limits of a Narrow Legislative Override

Seeking More Scienter:The Effect of False Claims Act Interpretations

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The Yale Law Journal Pocket Part: Natural Born Citizenship

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Last week, the usually obscure Natural-Born Citizen Clause of Article II of the Constitution became the subject of newfound media attention. As the New York Times reported, the candidacy of Sen. John McCain, born in the Panama Canal Zone, has revived a “musty debate”: Is a person born abroad of American parents a “natural born Citizen” eligible to be president? As noted in the article, Jill Pryor, writing in the Yale Law Journal twenty years ago, examined this very issue.

Click here to read Jill A. Pryor, Note, The Natural-Born Citizen Clause and Presidential Eligibility: Resolving Two Hundred Years of Uncertainty, 97 Yale L.J. 881 (1988).

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The Yale Law Journal Pocket Part: Antislavery Courts

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This week, the Yale Law Journal Pocket Part published a companion issue to Professor Martinez’ Article, Antislavery Courts and the Dawn of International Human Rights Law. The Article discusses the complex history of international courts involved in the suppression of the transatlantic slave trade in the nineteenth century.

In this Pocket Part issue, Professor Martinez shares with readers digital images of some of the original court archives. Most of the courts’ decisions and a substantial part of the correspondence between the judges and the British government are summarized in the published British Parliamentary Papers. But the original, handwritten court records are housed at the United Kingdom National Archives outside London. These handwritten records give a more human sense of the courts’ operations, and their impact on individual lives.

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The Pocket Part: 2007 Highlights

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The Pocket Part is bringing back some of our most popular and influential issues of the year. We chose three different issues that represent the diverse array of scholarship that The Pocket Part has published: White Collar Criminals, In Defense of Guantanamo, and Congressional Representation for Puerto Rico. Read below for an introduction to each issue.

We hope that you have enjoyed reading The Pocket Part in the past year, and we look forward to publishing new and interesting pieces in 2008.

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The Yale Law Journal, Volume 117, Issue 4 (January 2008)

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The Yale Law Journal, Volume 117, Issue 4 (January 2008)

ARTICLES

Antislavery Courts and the Dawn of International Human Rights Law

Jenny S. Martinez

NOTES

Profits as Commercial Success

Andrew Blair-Stanek

Enforcing the Treaty Rights of Aliens

Laura Moranchek Hussain

COMMENTS

United States v. Ankeny: Remedying the Fourth Amendment’s

Reasonable Manner Requirement