Apr 3, 2012 | Lead Articles, Number 2, Print Edition, Volume 45
In the modern era, Congress has enacted many federal “tort reform” statutes that supersede contrary state laws, and judicial precedents leave little doubt as to their constitutionality. Even President Ronald Reagan, known for his deference to the states, established...
Apr 3, 2012 | Lead Articles, Number 2, Print Edition, Volume 45
There is good reason to think that law and war have nothing to do with one another, and this has certainly been so for most of the lifetime of mankind. Cicero’s famous observation—silent enim leges inter arma—from which I take my title, was not a novel insight when...
Apr 3, 2012 | Lead Articles, Number 2, Print Edition, Volume 45
In Michigan v. Bryant, the United States Supreme Court wrote another chapter in the clash between the Confrontation Clause of the Sixth Amendment to the United States Constitution and the admissibility of extra-judicial statements. This article presents an outline of...
Apr 3, 2012 | Lead Articles, Number 2, Print Edition, Volume 45
The death penalty is rapidly receding in the former British colonies of common-law Africa. Although proposals to institute or retain the death penalty for a wide assortment of crimes are not uncommon, actual judicial executions have grown extremely rare south of the...