The Jerusalem Embassy Act

The Jerusalem Embassy Act of 1995 (“Act”) was introduced to move the U.S. Embassy in Israel to Jerusalem. In addition to policy issues, which have been the subject of considerable debate, the Act raises interesting questions concerning the scope of congressional and executive authority in the conduct of foreign affairs, and the extent to which Congress can use its appropriations power to influence executive action in this area. President Clinton opposed the Dole-Kyl Bill on policy grounds and the Justice Department prepared a memorandum (“Memorandum”) arguing that the Dole-Kyl Bill is unconstitutional. Essentially, the Memorandum argued that the Bill: (1) interfered with the President\u27s power to conduct foreign affairs and make decisions pertaining to recognition, and (2) is an inappropriate exercise of Congress\u27 appropriations power because it includes an unconstitutional condition. The issue is whether Congress can enact legislation that may effect U.S. foreign policy interests, and whether it can do so by use of the appropriations power. Long established practice, the writings of scholars and statesmen, and judicial decisions, all indicate that the answer to both is clearly yes

Modelled and measured energy exchange at a snow surface

Results of a model developed at JPL for the energy interchange between the atmosphere and the snow are compared with measurements made over a snowfield during a warm period of March, 1978. Both model and measurements show that turbulent fluxes are considerably smaller than the radiative fluxes, especially during the day. The computation of turbulent fluxes for both model and data is apparently lacking because of problems inherent in the stable atmosphere

Combinatorial sieves of dimension exceeding one

AbstractA general sieve for each dimension κ > 1 is given which improves the sieve estimates of Ankeny and Onishi. The work depends on a combinatorial identity which is invariant under Buchstab iteration and on the solution of a pair of differential-difference equations with side conditions

What Price Peace: From Nuremberg To Bosnia To The Nobel Peace Prize

In the fifty years that have elapsed since the Nuremberg Trials, we have made tremendous progress in the development of human rights

Pluralism in Marbury and Van Gend

‘Great cases, like hard cases, make bad law’, Oliver Wendell Holmes, Jr, famously remarked in his first Supreme Court dissent. For Holmes, ‘great cases are called great, not by reason of their real importance in shaping the law of the future, but because of some accident of immediate overwhelming interest which appeals to the feelings and distorts the judgment’. On this account neither Marbury v Madison70 nor Van Gend en Loos would qualify. Van Gend was a case of great principle without greatly interesting facts. And Marbury was a great political battle that nevertheless produced a case of great principle

Federal Powers and the Principle of Subsidiarity.

Federal systems across the world are generally designed according to the principle of subsidiarity, which in one form or another holds that the central government should play only a supporting role in governance, acting if and only if the constituent units of government are incapable of acting on their own. The word itself is related to the idea of assistance, as in “subsidy,” and is derived from the Latin “subsidium,” which referred to auxiliary troops in the Roman military. See Oxford Latin Dictionary s.v. (1983)

Towards Neutral Principles in the Administration of Criminal Justice: A Critique of Supreme Court Decisions Sanctioning the Plea Bargaining Process

This article compares the Court\u27s reasoning in plea bargaining cases with its reasoning in non-plea-bargaining cases that involve the same legal principles. It analyzes the Court\u27s arguments for sustaining guilty pleas induced by fear of the death penalty or by promises of leniency, and for sanctioning the imposition of harsher penalties on those who reject prosecutional offers to plead and insist on a trial. Finally, it briefly addresses the contention that the system for the administration of criminal justice in the United States could not function if use of a sentencing differential to induce guilty pleas were prohibited