The fixable problems relating to the specifics of the stat- ute thus do not raise the hardest questions that a statute like this one presents precisely because they are fixable. If I agreed that the general idea of the statute was a good one, I still might find the specifics of this statute unacceptable. But I would be able to propose an acceptable statute that accomplished the same basic purpose. Thus, although the specifics of this statute are of enormous importance to the legal questions pending in the courts and to those who must litigate under the statute, the specifics are not essential to the most difficult problem posed by this Act. Rather than focus on the specifics of this particular Act, I will direct my comments to the dilemma inevitably posed by any statute like this: can the government acceptably imprison individuals based on a prediction of future dangerousness?
Julie Shapiro, Sources of Security, 15 SEATTLE U. L. REV. 843 (1992).