Since the execution of Captain George Kendall in 1608, the death penalty has been one of the most debated political issues in contemporary United States history. The capital punishment debate often centers on the usefulness to society. A recurring and pressing question in this debate is; how to...

This Article is an invited contribution to a symposium held at Duke University Law School under the title quot;The New European Choice-of-Law Revolution: Lessons for the United States?quot; The Article disputes part of this title by contending that, unlike its American counterpart, European...

Professor Dershowitz has melded his Jewish identity with his academic scholarship and public advocacy. First, he has described in great detail the Jewish stereotype and challenged it - not for its content but for its negativity. In Chutzpah, he defines the Jewish stereotype, as boldness,...

This comment focuses on the application of Dormant Commerce Clause principles in one specific context, co-extensive regulatory disputes between tribes and States. Such an approach is not alien to guiding dormant commerce jurisprudence. The interests balancing approach found within White Mountain...

From a remedial perspective, the decision of the U.S. Supreme Court in eBay Inc. v. MercExchange, L.L.C reopened the age-old question of what it means to award equitable relief. In eBay, the Court rejected a permanent injunction issued by the U.S. Court of Appeals for the Federal Circuit to...

During the trial of Saddam Hussein evidence was largely ignored by media coverage. The media's focus on controversial judicial rulings, assassinations of defense counsel, resignation of judges, scathing outbursts, allegations of mistreatment, hunger strikes, and even underwear appearances...

From 1840 the laws of New Zealand have comprised the common law and statute law, both of which - but especially the former - were originally based upon the laws of England, and which continued to draw upon England jurisprudence. Since New Zealand was regarded as a settled colony, the settlers...

While blogs or Wikis undoubtedly have an important, expressive place in legal discourse, these short-form outlets leave the demand for timely, interactive legal discourse unfulfilled. Printed law journals and online repositories like SSRN or Berkeley Electronic Press cannot address these needs...

An independent judiciary faces the problem of how to restrain high-court judges from indulging their personal whims. One restraint is the desire of judges to influence future judges. To do so, judges may have to maintain their own or the system's legitimacy by restraining their own behavior....