Law Commons^™

Free To Be Biased?, Melissa Murray, Russell Robinson

Russell K Robinson

No abstract provided.

Gay Parenthood And The Revolution Of The Modern Family: An Examination Of The Unique Barriers Confronting Gay Adoptive Parents, Nicholas Arntsen

Nicholas Benedict Arntsen

Abstract: In recent decades, the structure of the American family has been revolutionized to incorporate families of diverse and unconventional compositions. Gay and lesbian couples have undoubtedly played a crucial role in this revolution by establishing families through the tool of adoption. Eleven adoptive parents from the state of Connecticut were interviewed to better conceptualize the unique barriers gay couples encounter in the process adoption. Both the scholarly research and the interview data illustrate that although gay couples face enormous legal barriers, the majority of their hardship comes through social interactions. As a result, the cultural myths and legal restrictions …

Whither The Canaries: On The Exclusion Of Poor People From Equal Constitutional Protection, Julie Nice

Julie A. Nice

While neoliberal orthodoxy posits that a rising tide of economic growth will lift all boats, a sea change began in the United States around 1970 that marked the end of our social commitment to shared prosperity and the beginning of the steady widening of income inequality to its current historic level. In response, poor people might have been expected to turn to the courts for protection against the perennially pervasive prejudice against them, especially considering their relative—if not absolute—lack of political clout. But the Supreme Court had virtually closed the courthouse door in Dandridge v. Williams, affording to poor people …

No, Bloomberg Isn't Banning Circumcision, Michael Helfand

Michael A Helfand

No abstract provided.

The Law Of Words: Standing, Environment, And Other Contested Terms, David Cassuto

David N Cassuto

Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc., 528 U.S. 167 (2000), exposes fundamental incoherencies within environmental standing doctrine, even while it ostensibly makes standing easier to prove for plaintiffs in environmental citizen suits. According to Laidlaw, an environmental plaintiff needs only to show personal injury to satisfy Article III's standing requirement; she need not show that the alleged statutory violation actually harms the environment. This Article argues that Laidlaw's distinction between injury to the plaintiff and harm to the environment is nonsensical. Both the majority and dissent in Laidlaw incorrectly assume that there exists an objective …

Is The Anti-Muhammad Film Constitutionally Unprotected 'Fighting Words'?, Kent Greenfield

Kent Greenfield

No abstract provided.

A New Strategy To Fight Citizens United, Kent Greenfield

Kent Greenfield

No abstract provided.

Robert, Sebelius, And Constitution Day, Kent Greenfield

Kent Greenfield

No abstract provided.

When The Cheering (For Gideon ) Stops: The Defense Bar And Representation At Initial Bail Hearings, Douglas Colbert

Douglas L. Colbert

This article suggests that the absence of representation at the beginning of a State criminal prosecution must come to a screeching halt. The criminal defense bar should take a leadership role and dedicate Gideon's anniversary to making certain that an accused's right to the effective assistance of counsel begins at the initial bail hearing. Indeed, guaranteeing vigorous representation should be the defense bar's number one priority.

Postscript: Religious Boundaries, Michael Helfand

Michael A Helfand

No abstract provided.

Hebrew National Must Answer To A Higher Authority, Michael Helfand

Michael A Helfand

No abstract provided.

The Boundaries Of Religious Freedom, Michael Helfand

Michael A Helfand

No abstract provided.

The Nyse As State Actor?: Rational Actors, Behavioral Insights & Joint Investigations, Steven Cleveland

Steven J. Cleveland

No abstract provided.

Health-Care Law Puts Supreme Court Atop A Slippery Slope, Erin Daly

Erin Daly

Bankruptcy And The Myth Of "Uniform Laws", Daniel Austin

Daniel A. Austin

The Bankruptcy Clause of the Constitution empowers Congress to enact “uniform Laws on the subject of bankruptcies.” Common definitions of the word uniform include “always the same” and “not variable.” Yet the rights and remedies of debtors and creditors in a bankruptcy case vary significantly depending upon the state and federal jurisdiction in which the case is filed. Rather than a single uniform law of bankruptcy, the U.S. has multiple bankruptcy laws and regimes based upon geography.

The cause of bankruptcy nonuniformity lies in the structure of our bankruptcy system. Many sections of the Bankruptcy Code incorporate state law, which …

The Indigent Defense Crisis, Richard Klein, Robert Spangenberg

Richard Daniel Klein

No abstract provided.

Free To Be Biased?, Melissa Murray, Russell Robinson

Melissa Murray

No abstract provided.

Critical Race Histories: In And Out, Darren Hutchinson

Darren L Hutchinson

No abstract provided.

Panelist, Control The Corporation Conference, Kent Greenfield

Kent Greenfield

Website for the conference videos: http://csrl.org/2012/04/14/control-the-corporation-conference-videos/

Obama’S Odds Of Winning The Health Care Ruling: 37%, Kent Greenfield

Kent Greenfield

No abstract provided.

Individual Mandate Is Constitutional, Leslie Henry, Maxwell Stearns

Maxwell L. Stearns

Supreme Court should find that key aspect of Obama's signature law is a legitimate exercise of Commerce Clause power.

Is The Sexual Promiscuity Of Straight Men A Reason To Oppose Gay Marriage?, Kent Greenfield

Kent Greenfield

No abstract provided.

Individual Mandate Is Constitutional, Leslie Henry, Maxwell Stearns

Leslie Meltzer Henry

Supreme Court should find that key aspect of Obama's signature law is a legitimate exercise of Commerce Clause power.

Of Cops And Bumper Stickers: Notes Toward A Theory Of Selective Prosecution, Richard Delgado

Richard Delgado

The author, Professor Richard Delgado, takes as his point of departure a remark by the chair of the Colorado committee that voted academic sanctions against Ward Churchill. This essay explores the role of retaliatory motives in academic misconduct cases. In Churchill’s case, Colorado authorities delved deeply and painstakingly into Churchill’s publications only when it appeared that the state could not fire him from his tenured position for his inflammatory remarks on the victims of the 9/11 tragedy. What bearing should the investigation’s relation to the hue and cry that led to it have on its own legitimacy? Professor Delgado examines …

American Constitutionalism: Volume I: Structures Of Government, Howard Gillman, Mark Graber, Keith Whittington

Mark Graber

Constitutionalism in the United States is not determined solely by decisions made by the Supreme Court. Moving beyond traditional casebooks, renowned scholars Howard Gillman, Mark A. Graber, and Keith E. Whittington take a refreshingly innovative approach in American Constitutionalism. Organized according to the standard two-semester sequence--in which Volume I covers institutions and Volume II covers Rights and Liberties-- this text is unique in that it presents the material in a historical organization within each volume, as opposed to the typical issues-based organization.

Why Progressives Should Oppose A Constitutional Amendment To End Corporate "Personhood", Kent Greenfield

Kent Greenfield

No abstract provided.

How To Make The 'Citizens United' Decision Worse, Kent Greenfield

Kent Greenfield

No abstract provided.

Symposium Introduction: The Competing Claims Of Law And Religion: Who Should Influence Whom?, Michael Helfand

Michael A Helfand

This introduction provides a preface to the Pepperdine Law Review symposium from the Third Annual Religious Legal Theory Conference on "The Competing Claims of Law & Religion: Who Should Influence Whom." As the introduction notes, the relationship between law and religion is both fraught with tension but also provides great opportunity. In so doing, the introduction sketches some of the varied responses to conflicts between law and religion, providing a brief overview of the papers included in the symposium issue.

Legislating Inclusion, Lia Epperson

Lia Epperson

No abstract provided.

Robinson V. California: From Revolutionary Constitutional Doctrine To Model Ban On Status Crimes, Erik Luna

Erik Luna

No abstract provided.