Yakima Herald-Republic articles from May 2003

Yakima Herald-Republic archives from May 2003

Clarification.(to "More Guns, Less Crime," Stanford Law Review, vol. 55, p. 1313, 2003)(Editorial)
May 1, 2003... Some have asked why Florenz Plassmann and John Whitley's paper, Confirming "More Guns, Less Crime," 55 STAN. L. REV. 1313 (2003), appeared in the Review as a joint paper by Florenz Plassmann and John Whitley when it had been circulated on the...

Foreword: on American Exceptionalism.(Symposium on Treaties, Enforcement, and U.S. Sovereignty)
May 1, 2003... INTRODUCTION I. UNPACKING "AMERICAN EXCEPTIONALISM" II. THE OVERLOOKED FACE OF AMERICAN EXCEPTIONALISM III. RESPONDING TO AMERICAN EXCEPTIONALISM: THE BUSH DOCTRINE AFTER SEPTEMBER 11 A. Four Responses B. The Emerging Bush...

Compulsory licensing and the duty of good faith in TRIPS. (Agreement on Trade-Related Aspects of Intellectual Property) (Symposium on Treaties, Enforcement, and U.S. Sovereignty)
May 1, 2003... INTRODUCTION I. TEXTUAL BASES FOR GOOD FAITH II. AUTHORITY FOR THE ENFORCEMENT OF GOOD FAITH III. GOOD FAITH IN THE EXERCISE OF PATENT RIGHTS A. Underutilization B. Differential Pricing IV. GOOD FAITH IN THE ENACTMENT OF...

International delegations, the structural Constitution, and non-self-execution. (Symposium on Treaties, Enforcement, and U.S. Sovereignty)
May 1, 2003... INTRODUCTION I. LIMITS ON DELEGATION A. Nondelegation Doctrine B. Procedural Requirements for Making Law C. Appointments Clause D. Article III Limitations E. Anticommandeering Limitations II. INTERNATIONAL DELEGATIONS...

The International Criminal Court and the political economy of antitreaty discourse. (Symposim on Treaties, Enforcement, and U.S. Sovereignty)
May 1, 2003... INTRODUCTION I. THE INTERNATIONAL CRIMINAL COURT AND ANTITREATY DISCOURSE A. Understanding the International Criminal Court B. Arguing About the International Criminal Court: Official Antitreaty Discourse and Its Alternatives...

Navigating law and politics: the prosecutor of the International Criminal Court and the independent counsel. (Symposium on Treaties, Enforcement, and U.S. Sovereignty)
May 1, 2003... INTRODUCTION I. HISTORY OF THE INDEPENDENT COUNSEL ACT AND THE INTERNATIONAL CRIMINAL COURT II. DIFFERENCES BETWEEN THE INDEPENDENT COUNSEL ACT AND THE INTERNATIONAL CRIMINAL COURT A. Checks on Prosecutorial Discretion 1. ...

Liberal democracy and cosmopolitan duty. (Symposium on Treaties, Enforcement, and U.S. Sovereignty)
May 1, 2003... INTRODUCTION I. THE INSTITUTIONAL TURN IN COSMOPOLITAN THEORY A. From Individual to Institutional Duties B. The Relevance of Plausibility Constraints II. LIBERAL DEMOCRACY AND COSMOPOLITAN DUTY A. The Source and Significance...

The new confederalism: treaty delegations of legislative, executive, and judicial authority. (Symposium on Treaties, Enforcement, and U.S. Sovereignty)
May 1, 2003... INTRODUCTION I. DELEGATIONS, POPULAR SOVEREIGNTY, AND CONFEDERATIONS A. Federal Theory Before the Founding B. "Congress Is Not a Legislative Assembly, nor a Representative Assembly, but Only a Diplomatic Assembly" C....

Toward an institutional theory of sovereignty. (Symposium on Treaties, Enforcement, and U.S. Sovereignty)
May 1, 2003... INTRODUCTION I. THE MODEL: "WORLD POLITY" INSTITUTIONALISM AND THE STATE A. Understanding Social Organization: Sociological Institutionalism B. Understanding the State as a Social Organization: An Introduction...

Does power trump law? (international relations) (Symposium on Treaties, Enforcement, and U.S. Sovereignty)
May 1, 2003... The craving for an interpretation of history is so deep-rooted that, unless we have a constructive outlook over the past, we are drawn either to mysticism or to cynicism. --Frederick Powicke Modern Historians and the Study of History (1)...

The cost of commitment. (human rights treaties) (Symposium on Treaties, Enforcement, and U.S. Sovereignty)
May 1, 2003... INTRODUCTION I. EXISTING WORK ON THE COST OF COMMITTING TO HUMAN RIGHTS TREATIES A. The Sovereignty View: The Cost of Commitment Is Uniform B. A Normative View: The Cost of Commitment Is Less Important than Norms C. The...

Human rights and constitutional rights: harmony and dissonance. (Symposium on Treaties, Enforcement, and U.S. Sovereignty)
May 1, 2003... INTRODUCTION I. DUAL POSITIVIZATION AND THE PRODUCTION OF DISSONANCE A. Three Aspects of Fundamental Rights 1. The consensual, suprapositive, and institutional aspects 2. Overlaps and divergence among the three aspects...

Do states have a moral obligation to obey international law? (Symposium on Treaties, Enforcement, and U.S. Sovereignty)
May 1, 2003... INTRODUCTION In 1960 Israeli agents kidnapped Adolf Eichmann from Argentine territory. This violation of international law sparked protests from all quarters. Israel, having accomplished its goal, apologized to Argentina, which had no...

Adding insult to injury: questioning the role of dignity in conceptions of sovereignty. (Sympoisum on Treaties, Enforcement, and U.S. Sovereignty)
May 1, 2003... I. CHANGING SOVEREIGNTY AND DIGNITY II. THE IDEA, THE POLITICS, AND THE DEVELOPING LAW OF DIGNITY III. BRINGING THE TERM DIGNITY INTO UNITED STATES SUPREME COURT LAW A. Dignity and the Bill of Rights B. Dignity and the Functional...

International agreements and the political safeguards of federalism. (Symposium on Treaties, Enforcement, and U.S. Sovereignty)
May 1, 2003... INTRODUCTION I. STATE LAW AND SOLE EXECUTIVE AGREEMENTS A. The Federalist View B. The Nationalist View C. Pragmatic Considerations D. Proposed Middle Ground II. STATE LAW AND THE TREATY POWER A. ...

Treaties, international law, and constitutional rights. (Symposium on Treaties, Enforcement, and U.S. Sovereignty)
May 1, 2003... INTRODUCTION I. CONSTITUTIONAL HEGEMONY IN HISTORICAL PERSPECTIVE A. The Doctrine of Constitutional Hegemony B. Overriding Rights, Quietly C. Hegemony Entrenched II. QUESTIONING HEGEMONY A. Current Practice in a...

Relational sovereignty. (Symposium on Treaties, Enforcement, and U.S. Sovereignty)
May 1, 2003... INTRODUCTION I. HISTORICAL MODELS OF SOVEREIGNTY--AND THEIR LIMITATIONS A. Historical Models as Metaphors 1. Hobbesian sovereignty 2. Lockean sovereignty B. The Metaphor Breaks Down: International Humanitarian Law ...

Unsigning. (treaty establishing the International Criminal Court) (Symposium on Treaties, Enforcement, and U.S. Sovereignty)
May 1, 2003... INTRODUCTION I. THE FORMAL LEGAL CONSEQUENCES OF SIGNATURE II. SIGNATURE AS A STRATEGIC PROBLEM A. Ex Post and Ex Ante Considerations 1. Ex post effects 2. Ex ante effects B. The (In)Adequacy of Interim Obligations C....

The end of sovereignty and the new humanism. (Symposium on Treaties, Enforcement, and U.S. Sovereignty)
May 1, 2003... INTRODUCTION Lewis Carroll's Alice spied the Cheshire Cat and asked, "Would you tell me, please, which way I ought to go from here?" The Cat replied, "That depends a good deal on where you want to get to." Alice merely wanted to go...