Vol. 68, Issue 4, 2005

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PEOPLE V. CAHILL: DOMESTIC VIOLENCE AND THE DEATH PENALTY DEBATE IN NEW YORK

Russell G. Murphy

This article considers New York's death penalty statute and proposes categories of death penalty-eligible offenses.

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ECONOMIC FORMALISM IN ANTITRUST DECISIONMAKING

David F. Shores

This article proposes that antitrust decision-making should be based on the economic effects in specific cases and not abstract economic principles that describe how markets generally function.

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ASPIRING PARENTS, GENOTYPES AND PHENOTYPES: THE UNEXAMINED MYTH OF THE PERFECT BABY
Andrea D. GurmankinPeter A. UbelElizabeth BangerGlenn McGee
This study considers whether different groups would select traits in their children.
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WARTIME SECURITY AND CONSTITUTIONAL LIBERTY
James Thuo Gathii
Foreword introducing the symposium that was organized to honor Justice Robert Jackson.
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DETAINEES*
Erwin Chemerinsky
Remarks from the symposium duscussion on Wartime Security and Constitutional Liberty
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HAMDI MEETS YOUNGSTOWN: JUSTICE JACKSON’S WARTIME SECURITY JURISPRUDENCE AND THE DETENTION OF “ENEMY COMBATANTS”
Sarah H. Cleveland
This comment addresses the contribution of Justice Jackson's wartime security jurisprudence to contemporary questions of executive detention of enemy combatants, and particularly to the decision in Hamdi v. Rumsfeld.

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JUSTICE JACKSON, NUREMBERG AND HUMAN RIGHTS LITIGATION

Paul L. Hoffman

Remarks from the symposium duscussion on Wartime Security and Constitutional Liberty

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UNITED STATES POLICY AND PRACTICE FOR THE DETENTION OF ENEMY COMBATANTS IN THE WAR ON TERROR

Pierre-Richard Prosper

This commentary represents the transcript of Ambassador Prosper's presentation at the panel discussion on Wartime Security and Constitutional Liberty.

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ROBERT H. JACKSON, PUBLIC SERVANT

Edwin Meese III

Tribute to Justice Robert Jackson

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ROBERT H. JACKSON AND THE ENFORCEMENT OF THE FEDERAL TAX LAWS
Eileen J. OConnor
Tribute to Justice Robert Jackson
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ROBERT H. JACKSON AT THE ANTITRUST DIVISION
R. Hewitt Pate
Tribute to Justice Robert Jackson
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BALANCING CIVIL LIBERTIES AND HOMELAND SECURITY: DOES THE USA PATRIOT ACT AVOID JUSTICE ROBERT H. JACKSON’S “SUICIDE PACT”?
Dick Thornburgh
Tribute to Justice Robert Jackson
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DELIBERATIVE AUTONOMY AND LEGITIMATE STATE PURPOSE UNDER THE FIRST AMENDMENT
Aditi Bagchi
This article argues that free speech law does, and should, revolve around an alternative organizing principle: the autonomy of the listener.
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THE GOVERNOR FROM FIGUREHEAD TO PRIME MINISTER: A HISTORICAL STUDY OF THE NEW YORK STATE CONSTITUTION AND THE SHIFT OF BASIC POWER TO THE CHIEF EXECUTIVE
John T. Buckley
This article traces the evolution of the NYS government from a legislatively dominated constitutional structure to a more executive dominated one.
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JUVENILE EXECUTION, TERRORIST EXTRADITION, AND SUPREME COURT DISCRETION TO CONSIDER INTERNATIONAL DEATH PENALTY JURISPRUDENCE
Elizabeth Burleson
This article considers the obligations of a supreme court in a liberal democracy and the effect that public opinion has upon the legality of the death penalty.
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THE BALD AND GOLDEN EAGLE PROTECTION ACT
Roberto Iraola
This article examines the criminal and civil penalty provisions of the BGEPA.
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ARE INSEVERABILITY CLAUSES CONSTITUTIONAL?
Fred Kameny
This article considers how inseverability is a tool that resourceful and increasingly assertive legislators will not hesitate to use.

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