Vol. 89:4
Categories: In Print, In Print - Table of Contents, Volume 89, Volume 89-4, Volumes | Posted: April 24, 2012
Archive for the 'Volume 89' Category
Sell’s Conundrums: The Right of Incompetent Defendants to Refuse Anti-Psychotic Medication
ABSTRACT
The Supreme Court’s 2003 decision in Sell v. United States declared that situations in which the state is authorized to forcibly medicate a criminal defendant to restore competency to stand trial “may be rare.” Experience since Sell indicates that this prediction was wrong. In fact, wittingly or not, Sell created three exceptions to its holding [...]
ICANN’s Escape from Antitrust Liability
The power to control the architecture of the Internet is the power to control communication, commerce, and vast quantities of personal data. That power is wielded primarily by an American non-profit organization called the Internet Corporation for Assigned Names and Numbers (ICANN). Although one of ICANN’s professed purposes is to promote competition in the [...]
Setting the Pace for Energy Efficiency: The Rise, Fall, and (Potential) Return of Property Assessed Clean Energy
This Note discusses an innovative form of legislation known as “Property Assessed Clean Energy”, or PACE. PACE allows property owners to receive funding from their municipality for the purpose of energy efficiency improvements. This money is recovered by the municipality in the form of a special assessment that runs with the property, amortized over a [...]
Judging, Expertise, and the Rule of Law
We live in an era of hyper-specialization. Professionals across a spectrum of fields focus on mastering and practicing in narrow subspecialties. This is hardly a surprise. As the scale of knowledge grows, it becomes increasingly difficult for any one person to stay on top of details and developments across a field, and specialization represents something [...]
Cybersecurity and Executive Power
This Article analyzes the constitutional authority of the President to shut down or limit public access to the Internet in a time of national emergency. The threats posed by cybercrime, cyberwarfare, and cyberterrorism are significant. It is imperative that national governments and international policymakers develop defenses and contingency plans for such attacks. At the same [...]
