Article

Rationalizing Costs in Investment Treaty Arbitration

Susan D. Franck
International investment and related disputes are on the rise. With national courts generally unavailable and difficulties resolving disputes through diplomacy, investment treaties give investors a right to seek redress and arbitrate directly with states. The costs of these investment treaty arbitrations—including the costs of lawyers for both sides, as well as administrative and tribunal expenses—are arguably substantial. This Article offers empirical research indicating that even partial costs could represent more…
Article

Disentangling Child Pornography from Child Sex Abuse

Carissa Byrne Hessick
Recent years have seen a significant increase in the criminal penalties associated with possession of child pornography. The new severity appears to be premised on arguments that blur the distinction between those who possess images of child pornography and those who sexually abuse children. In particular, sentences have been increased based on arguments that possession of pornography is equivalent to or worse than child sex abuse, arguments that viewing child…
Article

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 sentences in exchange for their assistance in apprehending other criminals. On one hand, cooperation increases the likelihood that criminals will be detected and prosecuted successfully. This is the “Detection Effect” of cooperation, and it has long been cited as the policy’s primary justification. On the other…
Note

Sweet Dreams Aren’t Made of These: How the VA’s Disability Compensation Program Leaves Veterans Alone in the Nightmare of Posttraumatic Stress Disorder

Alexandra S. Haar
Commentary

Constitutional Rights and Judicial Independence: Lessons from Iowa

Ian Bartrum
As was true across the country, the elections held in Iowa this past November were tough on incumbents. In Iowa, however, it was not just legislative and executive candidates that fell at the hands of an angry and confused electorate — three members of the state supreme court also lost their jobs after a controversial and closely contested judicial retention election. Iowa, like several other states, has adopted a version…