Sentencing the green-collar offender: punishment, culpability, and environmental crime.
Federal law regulates waste management and pollution emissions through an intricate system of administrative rules and permits. (1) Violations of these legal requirements may result not only in civil money penalties, but also in criminal prosecution. (2) Indeed, criminal enforcement--an unusual occurrence in environmental law until well into the...

Appeals in the ad hoc International Criminal Tribunals: structure, procedure, and recent cases.
INTRODUCTION Two international criminal tribunals are developing and remaking much of international humanitarian law--the law of genocide, crimes against humanity, and war crimes. These are the International Criminal Tribunal for the Former Yugoslavia ("ICTY") (1) and the International Criminal Tribunal for Rwanda ("ICTR"). (2) For...

From Anastasoff to Hart to West's Federal Appendix: the ground shifts under no-citation rules.
I. INTRODUCTION: A FAST-PACED YEAR Last year's mini-symposium on unpublished opinions (1) seems to have unleashed a wave of further developments. The fast-breaking events include these: 1. Judge Richard S. Arnold's opinion for the Eighth Circuit in Anastasoff v. United States, (2) holding--until vacated as...

Preventing dilution of the Federal Trademark Dilution Act of 1995: why the FTDA requires actual economic harm.
INTRODUCTION Judicial interpretation of the Federal Trademark Dilution Act of 1995 (FTDA), (1) which created a federal cause of action to afford famous marks protection against later, unauthorized uses that blur, tarnish, or harm these marks' distinctiveness, (2) has been unnecessarily inconsistent. Courts have reached conflicting conclusions...

Time to regroup: rethinking section 15 of the Charter.
Introduction I. L.'Heureux-Dube's Purposive "Human Dignity" Approach in Egan A. Integration of the "Human Dignity: Focus in Law B. Distinguishing Law's "Human Dignity" Step from a Group-Based "Dignity Analysis" II. Limitations of the Law Formulation A. The Fracture in Lavoie B. Divisions in Gosselin C. Trociuk: The Failure of...

The Pig Farmer's Daughter and Other Tales of American Justice: Episodes of Racism and Sexism in the Courts from 1865 to the Present.
The Pig Farmer's Daughter and Other Tales of American Justice: Episodes of Racism and Sexism in the Courts from 1865 to the Present. By Mary Frances Berry. (New York: Alfred A. Knopf, 1999. Pp. [viii], 295. $24.00, ISBN 0-679-43611-1.) In 1886 Annie Knuppel, the white daughter of...

Reaffirming the rule of law in federal sentencing.
In 2000, the FBI searched the home of Aaron Thompson. Over 10,000 images of child pornography were found on his computer's hard drive along with evidence that he distributed over 47,000 images of child pornography that year. Thompson was subsequently arrested. According to the United States Sentencing Guidelines, he...

Introduction: the Youth Criminal Justice Act - a new era in Canadian juvenile justice?
This issue marks the first anniversary of the proclamation into force of the Youth Criminal Justice Act. The title of our Introduction emulates that of an article by Nicholas Bala (1986) on the then-new Young Offenders Act. When the YOA was proclaimed in April 1984, it was widely heralded...

To beginning law students. (Opinion).
Regardless of what each of you has come to law school to do, allow me to suggest a complementary or perhaps an alternative aspiration: take these three years to learn how to do law well; even more, learn that the point of doing law well is to do good;...

New scholarship on rape in American history.
Sex Without Consent: Rape and Sexual Coercion in America. Edited by Merril D. Smith. New York: New York University Press, 2001, 308 pages. Cloth, $60.00; paper, $19.50. This collection of historical articles mostly deals with rape or sexual coercion in specific places and during specific time periods...