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Full-Text Articles in Law
Why Appellate Courts Have Rejected The Argument That The Defense Of Marriage Act Trumps The Parental Kidnapping Prevention Act, Barbara Cox
Faculty Scholarship
The author seeks to explain why courts should not be permitted to interpret the Defense of Marriage Act (DOMA) to displace judgment recognition based on a forum state's public policy against legal relationships for same-sex couples. If courts interpret DOMA in this manner, nothing would prevent Congress from exempting other types of judgments from the protection of the Full Faith and Credit clause, thereby permitting relitigation of judgments that are now considered final and binding in every state.
Drug Testing Students In California – Does It Violate The State Constitution?, Floralynn Einesman
Drug Testing Students In California – Does It Violate The State Constitution?, Floralynn Einesman
Faculty Scholarship
The Department of Education has granted federal funds to California school districts for the purpose of initiating and maintaining drug-testing programs for students and volunteers involved in athletics and extracurricular activities, yet no California court has fully examined these programs to determine their validity under the California Constitution. Before any additional California schools adopt drug-testing programs, the legality of these programs should be examined under the California Constitution. This Article seeks to accomplish that task. Part II summarizes the United States Supreme Court decisions on student drug testing. Part III examines state law on student drug testing. Part IV focuses …