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Wednesday, 24 Feb, 2010 – 21:21 | No Comment

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Clean Development Fund: A “Public Option” for Carbon Offsets
Wednesday, 10 Feb, 2010 – 21:55 | No Comment
Clean Development Fund: A “Public Option” for Carbon Offsets

by IAN FEIN, HEATHER MATSUMOTO, TYLER MCNISH, and JESLYN MILLER†
The Kyoto Protocol—despite its successes[1]—has not put the world on a path toward climate stabilization.  Global greenhouse gas (GHG) emissions grew four times faster between 2000 …

Presenting a “Strong Basis in Evidence”: How Lawyers Should Use Statistics to Shape the Impact of Ricci v. DeStefano on Title VII Litigation
Thursday, 4 Feb, 2010 – 8:21 | No Comment
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 …

The Case for Viral Citizenship
Tuesday, 5 Jan, 2010 – 14:34 | No Comment
The Case for Viral Citizenship

by TEJINDER SINGH
John Sexton, President of New York University, astutely describes today’s public sphere as a “coliseum culture that reduces discourse to gladiatorial combat. Viewpoints are caricatured in their most absolute form, with …

After Guantanamo: War, Crime, and Detention
Tuesday, 14 Jul, 2009 – 10:11 | No Comment
After Guantanamo: War, Crime, and Detention

by MADELINE MORRIS with FRANCES A. EBERHARD and MICHAEL A. WATSULA
Two days after taking the oath of office, President Barack Obama issued an executive order mandating the closure of the Guantanamo detention facility within one …

A Cold Day in Apprendi-land: Oregon v. Ice Brings Unknown Forecast for Apprendi’s Continued Vitality in the Capital Sentencing Context
Friday, 24 Apr, 2009 – 8:03 | No Comment
A Cold Day in Apprendi-land: Oregon v. Ice Brings Unknown Forecast for Apprendi’s Continued Vitality in the Capital Sentencing Context

by G. BEN COHEN, BIDISH SARMA, and ROBERT J. SMITH
When Charles Apprendi fired two .22 caliber gunshots into the home of the first African-American family to move into a previously all-white New Jersey neighborhood, he …

Against Gridlock: The Viability of Interest-Based Legislative Negotiation
Thursday, 23 Apr, 2009 – 13:20 | No Comment

by GREGORY BRAZEAL
The wide cast of characters whose behavior shapes the creation of federal laws in the United States, from congressional leaders to committee chairs, from lobbyists to constituents, from the President to the media, …

Strengthening Clinical Ethics Committees: An Examination of the Jurisprudence and a Call for Reform
Tuesday, 10 Mar, 2009 – 13:25 | No Comment

by CARMEL SHACHAR
Increasingly, ethics conflicts in hospitals are adjudicated not through the judicial system but through hospital ethics committees. Ethics committees resolve disagreements over treatment plans, interpretations of do not resuscitate orders, and other medical …

Out of the Box: The Future of Retail Medical Clinics
Monday, 2 Feb, 2009 – 10:15 | No Comment
Out of the Box: The Future of Retail Medical Clinics

by WILLIAM M. SAGE
Last year, retail medical clinics seemed to be the next wave in American health care. Following the example set by banks and beauticians, dozens of cheap, convenient sites offering basic medical diagnosis …

Voter Registration and Institutional Reform: Lessons from a Historic Election
Thursday, 22 Jan, 2009 – 10:18 | No Comment
Voter Registration and Institutional Reform: Lessons from a Historic Election

by DANIEL P. TOKAJI
Posterity will recall 2008 as the year in which the United States of America elected its first African American President. It may also be remembered as heralding a new era in American …

Helping Homeowners: Modification of Mortgages in Bankruptcy
Monday, 19 Jan, 2009 – 10:21 | No Comment
Helping Homeowners: Modification of Mortgages in Bankruptcy

by ADAM J. LEVITIN
The United States is in the midst of the most serious home foreclosure crisis since the Great Depression, when Franklin Delano Roosevelt spoke of “one-third of a nation ill-housed, ill-clad, ill-nourished.” Over …