Article

The Decline and Potential Collapse of Federal Guideline Sentencing

David Robinson Jr.
Although it represents an impressive intellectual effort, the present federal sentencing structure is markedly dysfunctional in practice. A recent directive by the Attorney General, to all federal prosecutors, makes an already deeply flawed system so unjust that it deserves speedy replacement. This Article begins by discussing the nature of the problem. Then, the Article discusses the problem’s recent history regarding the scope of prosecutive discretion, both traditionally and under the…
Article

AIDS and the Blood Supply: An Analysis of Law, Regulation, and Public Policy

Steven R. Salbu
Acquired Immune Deficiency Syndrome (“AIDS”) is among the greatest challenges to modem epidemiology. As the number of diagnosed cases and predicted future infections mounts, the need to stem the transmission of the Human Immunodeficiency Virus (“HIV”) becomes an increasingly crucial public health issue. Since scientists first diagnosed AIDS and began to understand its viral source in the early 1980s, lawmakers and policymakers have sought responses to eliminate or retard the…
Article

Lockouts Involving Replacement Workers: An Empirical Public Policy Analysis and Proposal to Balance Economic Weapons Under the NLRA

Michael H. LeRoy
Section Il.A provides an overview of factors contributing to this competition, including the North American Free Trade Agreement (“NAFTA”), the General Agreement on Tariffs and Trade (“GATr”), deregulation of large industries, rapidly improving technology, and massive layoffs resulting from corporate restructuring. Section II.B discusses specific instances where employers who locked out workers appeared to benefit from these changes in their relevant labor markets. Section IlI.A reviews early lockout doctrines that…
Article

Securitization: A Low-Cost Sweetener for Lemons

Part II provides an overview of securitization transactions. Part III describes the terms of securitization transactions. These two sections are for readers desiring an understanding of the transaction structure and its complexities. Part IV contains the main argument of this Article: it explains the source of securitization’s benefits using a Modigliani and Miller framework. Part V offers concluding remarks.
Article

On Tariffs v. Subsidies in Interstate Trade: A Legal and Economic Analysis

Christopher R. Drahozal
Part II of this Article sets out the Supreme Court’s current legal analysis of tariffs versus subsidies under the dormant Commerce Clause. Part III undertakes an economic analysis of tariffs versus subsidies, from both a traditional international economics perspective and from a rent-seeking perspective. Part IV suggests an alternative constitutional basis for the Court’s distinction between tariffs and subsidies: the Import-Export Clause of the United States Constitution. Part V summarizes…
Note

Manageable Adequacy Standards in Education Reform Litigation

William F. Dietz