Volume 88
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ArticleVol. 88 · Iss. 6
Stealth Activism: Norm Formation by Japanese Courts
The Article focuses on the political and social roles of the Japanese Supreme Court to the society. It argues with the remarks made by…
Frank K. Upham -
ArticleVol. 88 · Iss. 6
Constitutional Adjudication in Japan: Context, Structures, and Values
The Article focuses on the author’s views about the judicial decision making of the Japanese Supreme Court. It presents a comparative study of the…
John Owen Haley -
ArticleVol. 88 · Iss. 6
Why Has Judicial Review Failed in Japan?
The Article examines the political and institutional explanations for the failure of judicial review in Japan. It outlines the law reforms on the judicial…
David S. Law -
ArticleVol. 88 · Iss. 6
Why Is the Japanese Supreme Court So Conservative?
The Article explores the development of a conservative constitutional jurisprudence by the Japanese Supreme Court. It describes the process and the power of judicial…
Shigenori Matsui -
ArticleVol. 88 · Iss. 5
Jurisdiction by Cross-Reference
State and federal law often cross-reference each other to provide a rule of decision. The difficulties attendant to these cross-referenced schemes are brought to…
Lumen N. Mulligan -
ArticleVol. 88 · Iss. 5
A Realist Defense of the Alien Tort Statute
This Article offers a new justification for modern litigation under the Alien Tort Statute (ATS), a provision from the 1789 Judiciary Act that permits…
Robert Knowles -
ArticleVol. 88 · Iss. 5
The “Youngest Profession”: Consent, Autonomy, and Prostituted Children
Although precise statistics do not exist, data suggest that the number of children believed to be at risk for commercial sexual exploitation in the…
Tamar R. Birckhead -
CommentaryVol. 88 · Iss. 5
Executive Weapons to Combat Infection of the Art Market
Over the years, the executive branch has seized Nazi loot in various ways. The seizure that launched the modern Holocaust-era art movement was that…
Jennifer Anglim Kreder -
NoteVol. 88 · Iss. 5
Revisiting Class-Based Affirmative Action in Government Contracting
The Article highlights the existing class-based alternatives to affirmative action in government contracting based on races in the U.S. in 2011. It discusses the…
Jarrod D. Reece -
NoteVol. 88 · Iss. 5
How the Professional Judgment Standard Could Undermine the Validity of Sexually Violent Predator Laws
The Article presents common features of the statutory schemes for the involuntary dedication of sexually violent predators in the U.S. in 2011. It examines…
David W. Nordsieck -
NoteVol. 88 · Iss. 5
Purging Contempt: Eliminating the Distinction between Civil and Criminal Contempt
The Article examines the current state of the law of contempt on state and federal law in the U.S. in 2011. It presents an…
Paul A. Grote -
ArticleVol. 88 · Iss. 4
Cooperation’s Cost
This Article explores the costs and benefits of criminal cooperation, the widespread practice by which prosecutors offer criminal defendants the opportunity to receive reduced…
Miriam Hechler Baer