Yakima Herald-Republic articles from April 2002

Yakima Herald-Republic archives from April 2002

Statutes with multiple personality disorders: the value of ambiguity in statutory design and interpretation.
April 1, 2002... I. INTRODUCTION Ambiguity serves a legislative purpose. When legislators perceive a need to compromise they can, among other strategies, "obscur[e] the particular meaning of a statute, allowing different legislators to read the obscured...

Pragmatism versus purposivism in First Amendment analysis.(response to article by Jed Rubenfeld, Stanford Law Review, v. 53, 2001, p. 767)
April 1, 2002... In The First Amendment's Purpose, (1) Jed Rubenfeld sets against the "cost-benefit balancing" approach to free speech issues, (2) with me as spokesman, (3) an approach that forswears balancing in favor of inquiry into legislative or regulatory...

A reply to Posner.(response to article by Richard Posner on p. 737 of this issue)
April 1, 2002... In The First Amendment's Purpose, (1) I criticized the cost-benefit approach to free speech, of which Richard Posner has been a leading advocate. (2) On the cost-benefit view (or at least Posner's view of that view), speech can be prohibited...

Forcible medication of mentally ill criminal defendants: the case of Russell Eugene Weston, Jr. (Notes).
April 1, 2002... INTRODUCTION In his prison cell in North Carolina, he picks at sores and insists that the ripening of corn causes time to reverse. (1) Once convinced that he was the favorite son of President John F. Kennedy and the target of a communist...

Brown footnote eleven in historical context: social science and the supreme court's quest for legitimacy.
April 1, 2002... INTRODUCTION In the almost half-century since Brown v. Board of Education, (1) many legal commentators have come to regard the case as a leading example of scientific jurisprudence. The Supreme Court, according to the customary view,...

Republic.com.
April 1, 2002... REPUBLIC.COM. By Cass Sunstein. Princeton: Princeton University Press. 2001. 224 pp. I. INTRODUCTION In his perceptive work, Code and Other Laws of Cyberspace, Larry Lessig observed that the efforts of businesses to modify the code of...