VOLUME 4-2

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Book Reviews

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General Essays

Student Articles

The Confrontation Clause and the Ongoing Fight to Limit Melendez-Diaz

By STEPHEN WILLS MURPHY
On June 25, 2009, the Supreme Court handed down the 5-4 decision of Melendez-Diaz v. Massachusetts. Justice Scalia’s majority opinion held that a forensic report is “testimonial” under the Confrontation Clause…

Reducing Mass Incarceration: Implications of the Iron Law of Prison Populations
Reducing Mass Incarceration: Implications of the Iron Law of Prison Populations

by TODD R. CLEAR and JAMES AUSTIN
Beginning in the 1970s, the United States embarked on a three-decade long shift in its penal policies. In these years, state and federal governments tripled the percentage of convicted …

"History Will Be Heard": An Appraisal of the Seattle/Louisville Decision

By GOODWIN LIU
The Supreme Court’s recent decision on voluntary school desegregation can be read at many levels. Doctrinally, the Court adopted a stringent view of narrow tailoring that forbids the use of racial classifications to …

Presenting a “Strong Basis in Evidence”: How Lawyers Should Use Statistics to Shape the Impact of Ricci v. DeStefano on Title VII Litigation
Presenting a “Strong Basis in Evidence”: How Lawyers Should Use Statistics to Shape the Impact of Ricci v. DeStefano on Title VII Litigation

by JASON M. SZANYI and KATARINA GUTTMANNOVA
This past term, in Ricci v. DeStefano,[1] the Supreme Court reshaped employment discrimination litigation. In a decision that garnered significant notoriety both for its potential impact on the future …

Juror Sentiment on Just Punishment: Do the Federal Sentencing Guidelines Reflect Community Values?
Juror Sentiment on Just Punishment: Do the Federal Sentencing Guidelines Reflect Community Values?

by JUDGE JAMES S. GWIN
In 2007, a jury found Daniel Sheldon guilty of two child pornography offenses. Little about Sheldon was sympathetic. In his twenties and married, Sheldon spent long hours downloading and viewing pictures and videos showing minor girls, some prepubescent, engaging in sex with adults.

Rethinking the Faith: "A Failure of Capitalism"
Rethinking the Faith: "A Failure of Capitalism"

By ANTHONY KAMMER
Richard Posner’s A Failure of Capitalism: The Crisis of ’08 and the Descent into Depression is about a macro-economic crisis. It is also a surprisingly inward-looking book.

The Second Amendment in the States and the Limits of the Common Use Standard
The Second Amendment in the States and the Limits of the Common Use Standard

By NICHOLAS J. JOHNSON
In McDonald v. City of Chicago, now before the Supreme Court, petitioners claim that Chicago’s decades-old handgun ban is a violation of the Second Amendment right to keep and bear arms.

Public Health Preparedness in a Reforming Health System

By SERENA VINTER, DARA ALPERT LIEBERMAN, and JEFFREY LEVI
The 2009–2010 H1N1 novel influenza A pandemic revealed serious underlying gaps in our nation’s ability to respond to public health emergenci

Restructuring Insurance Coverage for Drunk Drivers

By AVI PERRY
While the gravity and prevalence of drunk driving in the United States are well documented, the actual facts are still startling.

Ensuring Government Accountability During Public Health Emergencies

By FAZAL R. KHAN
Regardless of whether one agrees that it should have, 9/11 did transform our country.

Redressing the Unconscionable Health Gap: A Global Plan for Justice

By LAWRENCE O. GOSTIN
Consider two children—one born in sub-Saharan Africa and the other in the United States. The African child is twenty-five times more likely to die in the first five years of life…

Are Campaign Consultants Valuable?

By ELLEN ZENG
Campaign consultants perform a Jekyll and Hyde role in electoral politics.

One Half Century and Counting: The Evolution of U.S. National Space Law and Three Long-Term Emerging Issues

By JOANNE IRENE GABRYNOWICZ
A hallmark of United States national space law is that it tends to follow the development of space technology and geopolitical events. Technology that develops into applications tends to catalyze law that addresses the commercialization of the technology.

Public Trust, Public Health, and Public Safety: A Progressive Response to Bioterrorism

By SAM BERGER and JONATHAN D. MORENO
In the wake of the terrorist strikes on September 11, 2001, the country has taken a hard look at its preparedness in the event of another attack. One potential threat is that terrorists will release a biological agent capable of causing mass sickness or death.

Extremist Speech and the Internet: The Continuing Importance of Brandenburg

By JUDGE LYNN ADELMAN and JON DIETRICH
The diversity of human thought found on the web includes not just the inspired and the banal, but also the depraved. Due to its speed, global reach, and promise of anonymity, the internet has undoubtedly become a valuable means of communication for those of ill will.

Foreword: Necessary Progress in Biosecurity

By TOM DASCHLE and TOM INGLESBY
We need to strengthen U.S. biosecurity. The Obama White House’s recent policy document on biosecurity… judged that biological attacks could place at risk the lives of hundreds of thousands of people and impose costs exceeding one trillion dollars.