A natural father's biological relationship with his child is often insufficient by itself to trigger the father's parental rights recognized within the "substantial protection" of the Due Process Clause of the Fourteenth ...
American courts and legislatures have struggled to define the participation rights of genetic fathers in governmental adoption schemes for infants born to unwed mothers as a result of consensual sexual intercourse. Federal ...
This article will examine the state of race-conscious admissions program at institutions of higher education after Grutter and Gratz. Part one first briefly reviews the Court's affirmative action jurisprudence prior to ...
Farmland preservation has become a growing societal concern over the past two decades and is now a common component of any serious discussion of environmental land-use controls. All levels of government have perceived ...
Today, American trial courts are trying less and managing more private civil cases. They are also losing many private claims to other dispute resolvers. The traditional role of the trial judge as a neutral, detached, and ...
Many American state constitutions contain equality provisions. Some simply promote Equal Protection in ways comparable to the Fifth and Fourteenth Amendments to the federal constitution. Others are worded quite differently, ...
Arriola, Elvia R.(Journal of Legal Education, 2017)
Writing about my presence in the legal academy is about identifying the act of resistance in simply being myself as a Latina lesbian who was trying to develop as a feminist legal theorist when I thought ...
Emotions abound when encountering a newborn with disabilities which will inevitably lead to an early death or to a less than whole and healthy life. It is especially painful when such disabilities were preventable. Anger ...
The Illinois laws guiding lawyer civil claim settlement authority are not well settled and should be reexamined to provide lawyers with clear standards when they agree to a settlement on behalf of their clients. A comprehensive ...
The idea that the right mix of conditions will spark workers to engage in mass collective action is a theme sometimes invoked by labor movement writers, activists, and reformers. It is also an assumption found — and ...
The lesson from the Hamdi plurality and the Court in Boumediene is not that all hearsay is admissible in an executive-detention habeas action, but rather that the district courts should exercise their discretion in determining ...
The United States’ prison at Bagram Airbase in Afghanistan is the latest front in the battle over the extraterritorial reach of the Constitution. Habeas litigation on behalf of Bagram detainees has begun establishing how ...
Automated traffic enforcement schemes, employing speed and red light cameras, are increasingly used by local governments in the United States. In some schemes, traffic violations are pursued against the owners as well as ...
The Supreme Court’s most recent high school speech case, Morse v. Fredericks, 127 S.Ct. 2618 (2007), generated much attention, perhaps more than the specific issue before the Court was worth. Much of that attention, of ...
Legal parentage under American state laws is significantly and rapidly evolving. And, it is increasingly imprecise. No longer is legal parentage only defined at precise moments in time or for particular conduct, as by ...
This Article addresses the ambiguity regarding the legal protectability of tattoos and the negative impact such ambiguity has on the rights of tattoo artists and their clients/customers. Notwithstanding the lack of federal ...
Many statutes and rules operating in courts in the United States permit or mandate the shifting of attorney's fees in civil litigation. The erosion of the so-called American Rule on attorney's fees is found in laws that ...
Not too long ago American state laws chiefly designated parentage at precise moments in time. One became a parent upon giving birth; upon having one’s spouse give birth; upon formal adoption; upon completion of a birth ...
Operating on behalf of insurance companies, adjusters have long facilitated settlements of civil claims. Adjusters work both before and during lawsuits to help resolve differences between the companies and company insureds, ...
This article will examine the basic nature of our public system of dispute resolution and consider what role, if any, there is for private contracts that alter that system. This article will begin by tracing the evolution ...