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When is an amendment not an amendment?: modification of arms control agreements without the Senate

Article Abstract:

Several recent arms control agreements contain provisions for informal modification procedures which are likely to cause conflict between Congress and the executive branch. Treaties have become more detailed, creating pressure for a more expedient amendment process. However, informal modification conflicts with constitutional checks and balances which assign the Senate the power to 'advise and consent' to treaties. A range of alternatives for dealing with treaty amendment includes reformatting arms control, use of nonbinding policy statements and use of a modified consultation process.

Political aspects, Arms control, Treaties, Treaty-making power, Treaty revisions

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Agreements within government entities and conspiracies under s. 1985(3) - a new exception to the intracorporate conspiracy doctrine?

Article Abstract:

Courts should not apply the intracorporate conspiracy doctrine to civil rights conspiracy actions brought under section 1985(3) of the Ku Klux Klan Act of 1871. The doctrine states that employees of one corporation cannot be found to have conspired because the corporation is a single entity under common law. Legislative history suggests that Congress did not intend for section 1985(3) to be limited by this doctrine, and antitrust case law supporting the doctrine should not be applicable. Conspiracies among government officials are the types of violations the Act sought to remedy.

Cases, Corporations, Civil rights, Conspiracy

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No way out: Eighth Amendment protection for do-or-die acts of the homeless

Article Abstract:

The Eighth Amendment protects the homeless from prosecution for crimes that are a consequence of their status, such as loitering, but cities have attempted to undercut this protection through prohibiting acts not status. However, acts that fall under the do-or-die category are also protected, since the person's status means that the action was the only alternative to death. Therefore, the Eighth Amendment can be used to protect the weak members of society without raising concerns that its protection could be expanded to cover drug use or other crimes.

Homeless persons, Cruel and unusual punishment, Ordinances, Municipal, Municipal ordinances

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