Articles

A Missed Opportunity: Medical use of Marijuana is Legally Defensible Case Note: United States v. Oakland Cannabis Buyers

I. Introduction. A. Generally. B. Structure of Case Note. II. Relevant Legal Issues. A. The Controlled Substances Act. B. California's Compassionate Use Act. C. Preemption. D. The Avoidance Doctrine. E. The Defense of Necessity. F. Commerce Clause and Federal Police Power. G. Fundamental Liberties, Due Process, Ninth and Tenth Amendments. H. Federal Courts' Broad Equitable Discretion in Granting Injunctive Relief. III. United States v. Oakland Cannabis Buyers' Cooperative. A. Procedural Back...

Adoptions by Lesbian and Gay Parents Must be Recognized by Sister States Under the Full Faith and Credit Clause Despite

I. Introduction. II. Interstate Recognition of Marriages by Same-Sex Couples. III. Interstate Recognition of Adoptions by Gay or Lesbian Parents. A. Williams I, Williams II, and Interstate Recognition of Judgments. B. The Defense of Marriage Act Should Not Be Interpreted to Weaken the Constitutional Demands of Williams I Concerning Adoption Decrees by Lesbian and Gay Parents, and Williams II Holds Little Promise For Collaterally Attacking Those Decrees. IV. States that Have Considered Whether...

Choice of Law, Jurisdiction, and Judgment Issues in Interstate Adoption Cases

I. Introduction. II. Choice-of-Law Issues in Interstate Adoption. A. The Basic Rule: Adoption is Governed by the Law of the Forum. B. The Modern Constitutional Limits on State Choice of Law. III. Subject-Matter and Personal Jurisdiction Issues in Interstate Adoption Cases. A. Subject-Matter Jurisdiction Issues. 1. Subject-Matter Jurisdiction Under Local Law. 2. Territorial Subject-Matter Jurisdiction. B. Personal Jurisdiction. IV. Full Faith and Credit to Adoption Proceedings. V. Conclusion: ...

Cox v. Miller: The Clergy Privilege and Alcoholics Anonymous

Preface. I. Introduction. II. Background. A. Privileges Generally. B. Rationale and Scope of Clergy Privilege. C. Establishment and Extension of New Privilege. D. Alcoholics Anonymous. E. AA is a Religion for Establishment Clause Purposes. III. Discussion and Analysis: Cox v. Miller. A. Facts. B. The New York District Court's Rationale. C. Scope of Clergy Privilege. D. Arguments for Privilege. 1. The AA philosophy fits the intent of the clergy privilege. 2. AA is a religion for the Establishm...

Dying Twice: Incarceration on Death Row

Norman L. Greene. The reality of the death penalty. Common ground. William D. Buckley. Russell Stetler. Craig Haney. Joseph Ingle. Michael B. Mushlin.

In Whose Best Interests: Sexual Orientation and Adoption Law

I. Introduction. II. Statutory Survey of American Adoption Law. III. Case Law Doctrines. A. Homosexuality As a Per Se Bar to Adoption. B. Second Parent Adoptions. 1. Creative statutory interpretation. 2. Functional Equivalent of Marriage. IV. Implications of the Retreat From Adoption as a Substitute For the Natural Family. A. Implications for Children. B. Implications for the Concepts of Adoption and Family. V. Conclusion.

Lesbian and Gay Families: Gender Nonconformity and the Implications of Difference

I. Lesbian and Gay Parents: Similarities and Differences. A. The Report by the Committee of the American Academy of Pediatrics. B. The Stacey and Biblarz Essay. II. Gender Role Conformity Among Children of Lesbians and Gay Men: The Norm of Equality and the Dilemma of Difference. A. Difference Does Not Necessarily Entail Harm. B. Parental Autonomy, Pluralism, and Diversity. III. Gender Roles, Lesbian and Gay Parents, and the Constitution. A. Parental Gender Role Modeling and Heightened Scrutin...