Law Commons^™

The Meaning Of Romer V. Evans, Matthew Coles

UC Law Journal

No abstract provided.

Defending Genders: Sex And Gender Non-Conformity In The Civil Rights Strategies Of Sexual Minorities, Paisley Currah

UC Law Journal

No abstract provided.

Line Item Veto And The Tax Legislative Process: A Futile Effort At Deficit Reduction, But A Step Toward Tax Integrity, Gordon T. Butler

UC Law Journal

In this Article, Professor Butler considers the effect of the line item veto on the tax legislative process. The Article begins with a description of the development of the crises in the federal deficit and the efforts made by Congress to limit spending so as to balance the budget. In particular, it describes the Gramm, Rudman, Hollings Act and the Budget Enforcement Act of 1990 which attempted to impose structural restraints on new tax and spending legislation. When these efforts proved insufficient to balance the budget, Congress turned to the line item veto as an additional structural restraint. The Article …

Equal Protection After Romer V. Evans: Implications For The Defense Of Marriage Act And Other Laws, Kevin H. Lewis

UC Law Journal

Recent national events have forced the American public to discuss a subject once considered unthinkable-same-sex marriage. In 1996, the Hawaii Supreme Court decided Baehr v. Lewin, potentially paving the way to allow same-sex couples the right to legally marry in the state of Hawaii. In response to this possibility, Congress passed and the President signed the Defense of Marriage Act, which defines marriage in the U.S. Code in such a way as to deny federal recognition to these couples, and also grants the states the right to refuse to recognize same-sex marriages performed in Hawaii. Addressing a totally different issue, …

Allowing Sentence Bargains To Fall Outside Of The Guidelines Without Valid Departures: It Is Time For The Commission To Act, John M. Dick

UC Law Journal

This Note studies the effects that the 1984 Sentencing Reform Act and the Federal Sentencing Guidelines have had on the practice of plea bargaining. In particular, the Note examines how the practice of sentence bargaining has been affected.

The Guidelines state that Rule 11(e) of the Federal Rules of Criminal Procedure continues to govern the acceptance or rejection of plea agreements. On its face, Rule 11 (e) appears to give federal courts the absolute power to accept or reject plea bargain agreements that provide for specific prison sentences. However, the Guidelines also set forth general policy statements concerning the acceptance …

Transsexuals And Critical Gender Theory: The Possibility Of A Restroom Labeled Other, Terry S. Kogan

UC Law Journal

No abstract provided.

Horizontal Jurisprudence And Sex Discrimination, Jean Wegman Burns

UC Law Journal

In this Article, Professor Bums contrasts the vertical jurisprudential style of Title VII with the horizontal approaches found in other, unrelated areas of the law. She argues that Title VII's vertical, top-down development and testing are largely responsible for the law's failure to produce more concrete results or to settle the often acrimonious arguments on the subject of gender equality in the workplace. She advocates supplementing Title VII's onesize- fits-all set of rules with a bottom-up, horizontal approach to rulemaking and rule testing. This will allow those directly affected by the rules to participate in their development and encourage different …

Applying A Strict Discovery Rule To Art Stolen In The Past, Tarquin Preziosi

UC Law Journal

There is a great deal of un-recovered stolen art, and a great deal of confusion within and among jurisdictions as to when the applicable statute of limitations for stolen art begins to run. Holistic legal reform in this area is long overdue. Recent proposals, responding to current practices in the art world, call for the adoption of an art theft registry to help effectuate the return of stolen art and provide efficiency in the marketplace. However, a great number of objects fall outside the effective scope of these proposals: art that was stolen in the past, and those artworks which …