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Takings Jurisprudence as Three-Tiered Review
(2006)
Takings jurisprudence has long been and remains, in the opinion of many, a constitutional quagmire, with little in the way of predictable results or coherent principles. The Supreme Court itself has acknowledged the largely ...
Finishing a Friendly Argument: The Jury and the Historical Origins of Diversity Jurisdiction
(2007)
This Article argues that diversity jurisdiction was intended to funnel politically significant litigation into the federal courts principally because federal officials would have the power to dictate the composition of ...
Abortions of the Parental Prerogatives of Unwed Natural Fathers: Deterring Lost Paternity
(2000)
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 General Jurisdiction Trial Courts: New Visions, New Guidelines
(2006)
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 ...
Fairness and Farmland Preservation: A Response to Professor Richardson
(2005)
In a recent article published in this Journal, Professor Jesse Richardson attempted to refute the arguments proposed by myself and others that support the fairness of downzoning land without compensation to property owners. ...
Making Sense of High School Speech After Morse v. Frederick
(2009)
This Article will examine the scope of student speech in high schools after Morse v. Frederick. Part I will first briefly review the Court's decisions in Tinker, Fraser, and Hazelwood. Part II will then analyze the Court's ...
Lost Paternity in the Culture of Motherhood
(2007)
In her recent Columbia Law Review article, "Infant Safe Haven Laws: Legislating in the Culture of Life," Professor Carol Sanger shows that American safe haven laws, viewed within a larger political culture, promote the ...
Enforcing Settlements in Federal Civil Actions
(2003)
Settlements of federal civil actions may, but need not, be subject to later judicial enforcement. As recognized by the U.S. Supreme Court in Kokkonen v. Guardian Life Insurance Co., one significant limitation on enforcement ...
Monetary Remedies for Victims During Illinois Criminal Cases
(2009)
The Illinois Crime Victim's Rights Amendment, added to the Illinois Constitution by the legislature and the voters in 1992, includes a 'right to restitution'. The amendment spurred some new legislation, now within the ...
Should It Take A Thief?: Rethinking the Admission of Illegally Obtained Evidence in Civil Cases
(2003)
This article explores excluding evidence in civil cases. Part I introduces the article’s premise that civil courts should rethink the admission of illegally obtained evidence in civil cases. The article asserts that the ...