The Convention Against Torture should be interpreted to require a knowledge mens rea on the part of governmental actors.
Elected judges tie their state constitutional standards to the federal consitution more than unelected judges. Suggests pursuing judicial election reform.
Congress should create a no-fault compensation scheme for drugs and medical devices to counter Supreme Court doctrine on agency preemption
Other Issues in this Volume
- U.S. Ratification of CEDAW: An Opportunity to Radically Reframe the Right to Equality Accorded Women under the U.S. Constitution
- Cloning and the LGBTI Family: Cautious Optimism
- Missed Opportunities in McCorvey v. Hill: The Limits of Pro-Choice Lawyering
- Production and Reproduction of Constitutional Norms, The
- Juvenile Life without Parole: An Antidote to Congress's One-Way Criminal Law Ratchet
- Inadequate Discipline: Challenging Zero Tolerance Policies as Violating State Constitution Education Clauses
- Climate-Induced Community Relocations: Creating an Adaptive Governance Framework Based in Human Rights Doctrine
- Felix Frankfurter's Revenge: An Accidental Democracy Built by Judges
- Electoral Exceptionalism and the First Amendment: A Road Paved with Good Intentions
- Citizens United and Equality Forgotten
- Nonparticipatory Association and Compelled Political Speech: Consent as a Constitutional Principle in the Wake of Citizens United