The Yale Law Journal back issues from May 2006:
Good governance at the supranational scale: globalizing administrative law.
May 01, 2006; ... <Pre> ARTICLE CONTENTS INTRODUCTION I. THE SUPRANATIONAL GOVERNANCE PROBLEM A. Defining Governance B. The Logic of Supranational Governance C. Distance Matters: Why Supranational Governance Is Problematic 1. Delegated Decisionmaking 2 ....
Law's migration: American exceptionalism, silent dialogues, and federalism's multiple ports of entry.
May 01, 2006; ... <Pre> ARTICLE CONTENTS I. SETTING BOUNDARIES A. Positioning the "Foreign" and the Judge B. Introducing the Many Iterations of Federalism II. CLAIMING EXCEPTIONALISM: THE OPPOSITION TO AND THE INFLUENCE OF THE "FOREIGN" ON AMERICAN LEGAL RULES A. The ...
Active Liberty: Interpreting Our Democratic Constitution.(Book review)
May 01, 2006; ... Now in his twelfth year as a Supreme Court Justice, Stephen Breyer has written an important book, Active Liberty, (1) which crystallizes a fundamental set of beliefs about the American Constitution and his role as a Justice. Taking Active Liberty as the entry point, this piece places ...
A Matter of Interpretation: Federal Courts and the Law.(Book review)
May 01, 2006; ... A Supreme Court Justice writing a book about constitutional law is like a dog walking on his hind legs: The wonder is not that it is done well but that it is done at all. The dog's walking is inhibited by anatomical limitations, the Justice's writing by political ones. Supreme Court ...
Justice Breyer's democratic pragmatism.
May 01, 2006; ... The pragmatic method is primarily a method of settling metaphysical disputes that otherwise might be interminable. Is the world one or many?--fated or free?--material or spiritual?--here are notions either of which may or may not hold good of the world; and disputes over such notions are ...
Rehabilitating rehab through state building codes.
May 01, 2006; ... <Pre> NOTE CONTENTS INTRODUCTION I. TRADITIONAL BUILDING CODES FAIL TO ADDRESS REHABILITATION A. A Historical Record B. Central Cities C. The Economy D. Affordable Housing II. THE EMERGENCE OF REHABILITATION CODES A. Attempts To Address ...
For-profit and nonprofit charter schools: an agency costs approach.
May 01, 2006; ... <Pre> NOTE CONTENTS INTRODUCTION I. CHARTER SCHOOL STRUCTURE A. The Charter School Concept B. Distinguishing For-Profit and Nonprofit Charter Schools II. EXPLAINING NONPROFIT DOMINANCE A. Contract Failure Theory B. High Monitoring Costs in ...
Unaccountable at the founding: the originalist case for anonymous juries.
May 01, 2006; ... The "anonymous jury" is quickly emerging as a powerful tool to protect jurors. (1) Consider United States v. Skryock (2): The defendants were "extraordinarily violent" mobsters, drug lords, and killers. (3) They had a long history of "threatening, assaulting, killing, or attempting to kill ...
Validation procedures and the burden of ballot access regulations.
May 01, 2006; ... One of the most intriguing subplots of the 2004 presidential campaign involved the efforts of some John Kerry supporters to keep Ralph Nader off the ballot. In more than twenty states, Democratic activists vigorously contested the validity of Nader's nomination petitions. (1) The Nader ...