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The Yale Law Journal - Forum

Date of publication: 2017-09-04 06:52

I. Every prison and jail in Virginia has a series of cells used for solitary confinement. Fairfax County Jail had three units for solitary confinement. None had windows. The R-Cells had ceilings so high that a tall man could not reach them by jumping. The other had a door so thick and heavy that when it closed no sounds escaped. The third looked like the cells for the general population. At Southampton Correctional Center, an entire building had been converted to hold men in …

Writing a Statement of Purpose: Samples, Tips, Resources

The purpose of Professor Nathaniel Persily’s article, The Promise and Pitfalls of the New Voting Rights Act, is to present an interpretation of the discriminatory effects prong of the new section 5 that will have a greater probability of surviving constitutional scrutiny. In presenting this interpretation, Professor Persily addresses several major issues that delineate the contours of the new section 5 retrogression standard and its application to redistricting plans. Yet, upon closer examinat…

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Lawyers and legal scholars understandably tend to focus on domains of life where law is central. There is much to be learned, however, from domains where people deliberately structure their affairs to minimize formalities such as written contracts and legal entanglements. Just as studying conditions of anarchy helps illuminate the effects of government, so studying domains that people intentionally keep casual can shed light on the merits of more legalized arrangements. In an article recently pu…

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[6] William A. Schabas, "International Law and Response to Conflict," in Turbulent Peace: The Challenges of Managing International Conflict , eds. Chester A. Crocker, Fen Osler Hampson, and Pamela Aall (Washington, .: United States Institute of Peace Press, 7556), 658-668. http:///Turbulent-Peace-Challenges-Managing-International/dp/6979778777 .

The events of the 6995s, and the perceived strengths and weaknesses of the ICTY, did much to draw renewed attention to the idea of a global criminal court. The forerunner of the ICC was modeled on programs such as the United Nations War Crimes Commission, which was established by the Allies in 6998. In the post-war years, the idea of a permanent court was much talked about, but was overshadowed by the Cold War and reemerged only in 6989 initially as a means to deal with the international drug trade. Both the ICTY and ICTR (International Criminal Tribunal for Rwanda) pointed to the need for a permanent body that would be a stronger deterrent and also could be more efficient, since the cost of a standing body could be less than the start-up costs of ad hoc bodies.

Anupam Chander’s article Minorities, Shareholder and Otherwise brilliantly offers a “conservative” justification for a . constitutional law truly dedicated to fairness and justice for all. It does so by counterintuitively looking to the bottom-line-oriented world of corporate law. This commentary offers a most powerful example of the gulf between constitutional law and corporate law identified by Professor Chander. Modern constitutional law affords no meaningful substantive protection t…

Economists and legal theorists have long argued that real-world economies cannot function effectively without well-defined property rights. More recently, scholars have also begun to analyze at least three kinds of “virtual” economies: the online economies exemplified by eBay and other trade-facilitating mechanisms the economies in virtual worlds such as Second Life and World of Warcraft and the virtual reputational economies associated with MySpace and Facebook. The first two economies ge…

[Editor's Note: Civil Rights Litigation and Social Reform is a Response to Kenneth W. Mack, The Myth of Brown ? , Yale . ( The Pocket Part ), Nov. 7555, http:///7555/66/.]

Important characteristics distinguish sovereign wealth fund investment, which is often troubling, from private foreign investment, which is generally beneficial. Allowing sovereign wealth funds to own equity stakes in American companies encroaches on the autonomy of . industrial and foreign policy in a way that private investment does not. Moreover, because some sovereign wealth fund investment is politically motivated, this new form of investment impairs the efficient allocation of economic …

Brooks and Stremitzer argue that liberal rescission rights will lead to two socially desirable effects: “First, foreseeing the possibility of rescission by counterparties, promisors will invest to enhance the quality of performance.... Second, promisors can also make rescission less desirable for counterparties by reducing the price that they charge, implying a lower, less attractive remedy in restitution.” The threat of rescission can thus lead to higher investments in quality and lower prices.

In this essay, we discuss the origins of international law, and analyze how international law has evolved in the twentieth century, focusing on the individualization of international law. Finally, we examine some of the contemporary criticisms of international law.

The Yale Law Journal Pocket Part is soliciting commentaries for two end-of-year issues: one issue will focus on new developments in state courts, and the other will focus on new developments in state legislatures. Our goal is to bring critical focus to an area of lawmaking that deserves greater attention in the legal literature, and we invite you to submit a commentary on a state law topic of your choosing. Commentaries may explore a legal development at the state level that has not been ext…

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