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Forum: The Guantanamo Three-Step

the President. These two steps, they argue, render Article 5 tribunals unnecessary at Guantanamo. This reading raises thorny problems of executive

Forum: The Dirty Climate Debate

extending the lives of these plants and thereby allow them to emit greenhouse gases for longer. In either event, the regulatory uncertainty is

Forum: The Abortion Interoperability Trap

within their borders from long-arm prosecution elsewhere. As the next Part discusses, however, there is a significant gap in these efforts—specifically in

Forum: Bargaining Around the Hearth

in “midgame” household members either ignore the “endgame” completely or, if they do take endgame considerations into account, the relevant endgame

Forum: The Fog of Certainty

would imply a further misunderstanding—one of the Constitution itself. These errors, it bears noting, are fairly basic. Before considering them in

Forum: Throwing Away the Key

offenders are receiving, but the fact that because of the elimination of parole they will actually have to serve them. For example, if Michael Milken had

Forum: The ‘New’ Labor Regime

minority unionism and members-only bargaining. Here we think there is the most cause for optimism. Workers represented at their worksites by non

Forum: The Organizational Guidelines: R.I.P.?

unconnected to the wrongdoing lose their jobs and investments in the firm. These agreements usually require the appointment of an outside monitor, changes

Forum: Taxing the Bandit Kings

sovereign wealth funds (SWFs) has occasioned a debate over the appropriate regulatory and tax treatment of these funds. In particular, it has been argued that

Forum: We The People's Executive

other observers within the legal academy, I’m appalled by these developments. But they also underscore a point I have tried to make in my own scholarly