The rules and practices of criminal procedure assume a clean separation between the interests of the public and the interests of the lone defendant who stands accused. Even the names given to criminal prosecutions often declare this dichotomy, as in jurisdictions such as California, Illinois, Michigan, and New York that caption criminal cases “The People of the State of X v. John Doe.” This Essay argues that this traditional people/defendant...
No. 1
Foreign patrimony laws nationalize ownership of cultural property found within a nation’s borders and prohibit export or private ownership. They are enforceable in the United States under the McClain doctrine. In defending against McClain-doctrine suits to repatriate stolen cultural property, defendants have begun to assert the “inactivity defense,” which is premised on the theory that enforcing certain patrimony...
Auer deference holds that reviewing courts should defer to agencies when the latter interpret their own preexisting regulations. This doctrine relieves pressure on agencies to undergo costly notice-and-comment rulemaking each time interpretation of existing regulations is necessary. But according to some leading scholars and jurists, the doctrine actually encourages agencies to promulgate vague rules in the first instance, augmenting...