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American State Constitutional Equalities
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, ...
Legal Paternity (and Other Parenthood) After Lehr and Michael H.
Actual genetic ties do not always establish, or even help to establish, legal paternity of children born of consensual sex, that is, male parental rights and/or duties as of the time of birth. Paternity status, typically ...
Vol. 4 No. 2, Spring 2013; The Error in Finding that Undocumented Persons are Not “The People”: A Deeper Look at the Implications of United States v. Portillo-Munoz
In 2011, the Fifth Circuit held in United States v. Portillo-Munoz that undocumented persons are not entitled to the protections of the Second Amendment to the Constitution. Although part of the court’s reasoning was based ...
Vol. 5 No. 1, Fall 2013; “Correcting” the Foreclosure Crisis?
Mortgage Resolution Partners, a venture capitalist firm based out of San Francisco, has been visiting with state and local governments across the country. Mortgage Resolution Partners proposes that eminent domain can, and ...
Vol. 5 No. 2, Spring 2014; Pay-for-Delay and Interstate Commerce: Why Congress or the Supreme Court Must Take Action Opposing Reverse Payment Settlements
A pay-for-delay drug settlement, also called a reverse payment settlement, occurs when a brand name pharmaceutical company agrees to pay the maker of a similar generic drug to delay the release of the generic drug into the ...
State Damage Caps and Separation of Powers
In 2010, the Illinois Supreme Court invalidated certain statutory caps on non-economic damages in medical cases because they “unduly” infringed “upon the inherent power of the judiciary.” Such judicial authority originated ...