Articles

Isaac Marks Memorial Lecture EDUCATION FOR CO-EXISTENCE
Martha Minow

CLUSTER BOMBS OVER KOSOVO: A VIOLATION OF INTERNATIONAL LAW?
Thomas Michael McDonnell*
This Article argues that the First Protocol prohibits the use of the cluster
bomb in areas with “a concentration of civilians” and in other less concentrated
areas where people may be injured by dud cluster bombs.

RAPE BY DRUGS: A STATUTORY OVERVIEW AND PROPOSALS FOR REFORM
Patricia J. Falk

The foregoing analysis of statutory enactments criminalizing rape by
drugs is not only interesting in its own right—under what circumstances should sexual conduct with intoxicated persons be subject to criminal punishment—but also for the window this variation of nonconsensual sexual crime provides into rape law in general. Rape by drug prosecutions provide an opportunity for thinking about whether sexual offense provisions are the best place to outlaw and punish
not only the sexual harm lying at the heart of all such offenses but the various mechanisms through which that harm is achieved.

Notes

REPLACING THE SWORD WITH A SCALPEL:
THE CASE FOR A BRIGHT-LINE RULE DISALLOWING THE APPLICATION OF LACK OF MARKETABILITY DISCOUNTS IN SHAREHOLDER OPPRESSION CASES
James H. Eggart

CAT AMONG PIGEONS: THE CONVENTION AGAINST TORTURE, A PRECARIOUS INTERSECTION BETWEEN INTERNATIONAL HUMAN RIGHTS LAW AND U.S. IMMIGRATION LAW
Andrea Montavon-McKillip?

Case Note:

DRUG PARAPHERNALIA CHARGES AND PROPOSITION 200: STATE V. ESTRADA
Abbe M. Goncharsky