University of Pennsylvania Law Review articles from March 1998

University of Pennsylvania Law Review archives from March 1998

Dynamic treaty interpretation.
March 1, 1998... INTRODUCTION "[T]o alter, amend, or add to any treaty, by inserting any clause, whether small or great, important or trivial, would be on our part an usurpation of power, and not an exercise of judicial functions. It would be to make, and...

The failed case for Eighth Amendment regulation of the capital-sentencing trial.
March 1, 1998... Since banning standardless capital sentencing as "cruel and unusual punishment" in Furman v. Georgia,(1) the Supreme Court has regulated capital-sentencing procedures under the Eighth Amendment.(2) Many who have written about these efforts...

Are hate-speech rules constitutional heresy? A reply to Steven Gey. (response to Steven G. Gey, University of Pennsylvania Law Review, vol. 145, p. 193, 1996)
March 1, 1998... In a recent article,(1) Steven Gey takes strenuous issue with proposals to regulate racist and misogynistic hate speech. Focusing on the work of Mari Matsuda, Charles Lawrence, and myself in the hate-speech area,(2) and Catharine MacKinnon and...

The inefficiency of the no-duty-to-rescue rule and a proposed 'similar risk' alternative. (response to William M. Landes and Richard A. Posner, Journal of Legal Studies, vol. 7, p. 83, 1978)
March 1, 1998... INTRODUCTION One of the most settled and basic common-law rules that all law students learn is that there is no general duty to rescue someone. Although there are many exceptions to this general rule,(1) the basic principle has been...

Deontology, governmental action, and the distributive exemption: how the trolley problem shapes the relationship between rights and policy.
March 1, 1998... In proportion to the importance of the... law ought also to be the care and attention of the legislature in properly forming and enforcing it. It should be founded upon principles that are permanent, uniform, and universal; and always...