This Article offers a coherent way of thinking about double jeopardy rules among sovereigns. Its theory has strong explanatory power for current double jeopardy law and practice in both U.S. federal and international legal systems, recommends adjustments to double jeopardy doctrine in both systems, and sharpens normative assessment of that doctrine.
The Article develops a jurisdictional [...]
This Article argues that Atkins v. Virginia and its progeny of categorical exemptions to the death penalty create a new and as of yet undiscovered interaction between the Eighth and the Fourteenth Amendments of the U.S. Constitution. When the United States Supreme Court adapted its proportionality analysis from categories of crime to categories of people, [...]
While the story of race-conscious scholarships has received attention in the higher education and civil rights communities, it has gone largely unnoticed by the general public. This is due in large part to the informal, behind-the-scenes manner in which such scholarships have been challenged. Nearly all of the evidence documenting the demise of race-conscious scholarships [...]
This Article examines historical and contemporary race discourse contained in political and juridical sources in order to illustrate how opponents to racial egalitarian measures have frequently contested such policies on the grounds that they are redundant, unnecessary, or too burdensome or taxing. Racial exhaustion rhetoric has operated as a persistent discursive instrument utilized to contest [...]
On June 11, 2003, the Environmental Protection Agency (EPA) released a memorandum announcing its goal to encourage and expand the use of Supplemental Environmental Projects (SEPs) in settlements. SEPs are “environmentally beneficial projects which a defendant . . . agrees to undertake in settlement of an enforcement action, but which the defendant . . . is not otherwise legally [...]
