Articles

First Amendment Freedom Of Speech And Expression: Ninth Circuit Holds That California Penal Code Section 148.6 Violates The First Amendment In Chaker V. Crogan

Introduction I. Pre-Chaker: California Penal Code 148.6 II. Analysis: Chaker V. Crogan III. A National Issue: Criminal Penalties For Filing False Complaints Against Police Officers Conclusion

Forced Medication And The Need To Protect The Rights Of The Mentally Ill Criminal Defendant

Introduction I. An Overview Of The Process II. Relevant Supreme Court Decisions III. Dangerousness And Its Prediction IV. The Constitutional Interests A. First Amendment Interests B. Sixth Amendment Interests C. Fifth and Fourteenth Amendment Interests V. The Need For Change A. The Definition of Danger B. Standards of Review C. Changing Societal Attitudes Conclusion

Reading Is Fundamental: Why The No Child Left Behind Act Necessitates Recognition Of A Fundamental Right To Education

Introduction I. Finding Fundamental Rights In The Constitution A. What Qualifies as a "Fundamental Right"? B. Education is a Fundamental Right C. Standard of Review II. San Antonio V. Rodriguez And Plyler V. Doe: A Critique Of Their Refusal To Find A Fundamental Right To Education A. San Antonio Independent School District v. Rodriguez B. Plyler v. Doe C. Rodriguez and Plyler Compared III. The Fundamental Right To Education In The States A. The States as "Laboratories" B. State Constitution E...

Tax And Economic Policy Responses To The Medicaid Long-Term Care Financing Crisis: A Behavioral Economics Approach

Introduction I. Long-Term Care Financial Planning Through A Consumer Choice Lens A. The Traditional Model Of Rational Consumer Choice B. The Behavioral Economics Model Of Consumer Choice C. Long-Term Care Planning Under The Behavioral Economics Model 1. Unique Preferences in Long-Term Care Planning i Preference 1: Diminished Utility at the Mere Thought of Long-Term Care Needs ii. Preference 2: Maximized Utility by Underestimating One`s Future Need for Long-term Care iii. Preference 3: Diminis...

The Market-Participant Exception And The Dormant Foreign Commerce Clause

I. The Market-Participant Exception: A Primer II. The Market-Participant Exception Applied To The Foreign Commerce Clause A. History B. Interference with Federal Foreign Relations Powers 1. The Framers` View 2. Congress`s Foreign Affairs Power 3. The President`s Foreign Relations Power C. Failures of the Traditional Market-Participant Justifications 1. Fairness 2. Federalism 3. Participation versus Regulation 4. Textualism 5. The Supremacy Clause and Institutional Concerns III. A Problem Of C...