This Article breaks new ground both normatively and descriptively. It relies on the Enlightenment’s psychology of law as an interpretive lens for both the enactment of the Define and Punish Clause and subsequent US practice. Other scholars have noted the Framers’ distrust of short-term impulse and their quest for a structure that would encourage longer-term [...]

Judges, whether presiding over bench and jury trials as they do in the United States, or serving as specially-trained careerists as they do in civil law countries, are at the heart of the fact-finding and legal inquiries required of judicial officers. As the individuals charged with implementing an entire nation’s justice system, judges carry a [...]

On June 17, 2006, seven former US drug czars met in Washington D.C. to mark the thirty-first anniversary of the war on drugs and to proclaim a unanimous conclusion: the United States had won the war against illegal drugs. By most measures, however, the current state of the US criminal justice system would suggest a different [...]

The president of my former club . . . said I left because I got more money in England, that I didn’t care about the shirt. I said: “Is there one player in the world who signs for a club and says, Oh, I love your shirt?” . . . He doesn’t care. The first thing that you speak about is [...]

The Article rethinks the law’s role in present-day European debates over Islam in light of its calming effects on the once fiercely-fought abortion reforms across Western Europe. Using examples from Germany, Italy, France, Belgium, Britain, the Netherlands and Switzerland the article demonstrates that the role of the legal process in each of these culture-based debates [...]