Yakima Herald-Republic articles from February 2008

Yakima Herald-Republic archives from February 2008

A textual-historical theory of the Ninth Amendment.
February 1, 2008... INTRODUCTION I. THE PARAMETERS AND POSSIBILITIES OF THE TEXT A. "The enumeration, in the Constitution, of certain rights B. "... shall not be construed..." C. "The enumeration... of certain rights, shall not be construed...

Kurt Lash's majoritarian difficulty: a response to a textual-historical theory of the Ninth Amendment.(response to article in this issue, p. 895)
February 1, 2008... INTRODUCTION When it comes to interpreting the Ninth Amendment, Kurt Lash and I agree about many important issues--indeed, too many to enumerate here. But Lash has an idee fixe: majoritarianism. In particular, he believes in a retained...

On federalism, freedom, and the founders' view of retained rights: a reply to Randy Barnett.(response to article in this issue, p. 937)
February 1, 2008... I want to thank Randy Barnett for commenting on my article, A Textual-Historical Theory of the Ninth Amendment. Professor Barnett's essays on the Ninth Amendment in the 1990s triggered the modern debate over the original meaning of the Ninth,...

Ex parte Young. (sovereign immunity)
February 1, 2008... INTRODUCTION I. EX PARTE YOUNG AND ITS FICTION A. Ex Parte Young B. The Ex Parte Young Legal Fiction II. YOUNG AND SOVEREIGN IMMUNITY A. Anti-Suit Injunctions and Sovereign Immunity B. Anti-Suit Injunctions,...

The surprisingly stronger case for the legality of the NSA surveillance program: the FDR precedent.(National Security Agency, President Franklin Delano Roosevelt)
February 1, 2008... INTRODUCTION I. THE NSA CONTROVERSY A. The Foreign Intelligence Surveillance Act B. The NSA Program II. THE PRECURSOR TO THE FDR PRECEDENT: NARDONE I AND II A. The 1934 Communications Act B. FDR's Thirst for...

Terrorism and the convergence of criminal and military detention models.
February 1, 2008... INTRODUCTION I. THE TRADITIONAL SEPARATION OF CRIMINAL AND MILITARY DETENTION MODELS A. Detention Triggers: Conduct Versus Status 1. Criminal prosecution and individual conduct 2. Military detention and...

The Constitution and the rights not to procreate.
February 1, 2008... INTRODUCTION I. BACKGROUND A. Unbundling the Rights Not to Procreate 1. The rights introduced 2. Conflict 3. Waiver and against whom? B. The "Naked" Right Not to Be a Genetic Parent,...

Privatization and the law and economics of political advocacy.
February 1, 2008... INTRODUCTION I. ADVOCACY AS A PUBLIC GOOD A. The Basic Model B. Industry Shares Versus "Real" Shares C. Does Privatization Always Reduce Advocacy in This Model? II. APPLYING THIS MODEL TO THE REAL WORLD A....