Articles

Congress, the Federal Courts, and Forum Non Conveniens: Friction on the Frontier of the Inherent Power

I. Forum Non Conveniens In The Federal Courts II. The Uncertain Boundaries Of The Supreme Court's Inherent Power III. Friction On The Inherent Power Frontier With Congress A. Venue And Transfer 1. The Relevance of 28 U.S.C. § 1404> 2. The Impact of the 1988 and 1990 Revisions B. Jurisdiction To Prescribe C. The Rules Enabling Act And The Rules Of Decision Act 1. The Rules Enabling Act 2. The Rules of Decision Act a. The Erie Question In The Federal Courts Of Appeals b. Switching Erie "Tracks...

Survey Says . . . A Critical Analysis of the New Title IX Policy and a Proposal for Reform

I. Title IX And Regulatory Background A. The Implementing Regulations B. The Three-Prong Compliance Policy C. The Commission On Opportunity In Athletics II. The Model Survey And Its Controversial Methodology A. A Student Takes The Model Survey B. Critique Of The Model Survey 1. Nonresponse Counts as Lack of Interest 2. The Target Population Is Illogical 3. Self-Assessment Is Slanted 4. The Model Survey Measures Stereotypes, Not Actual Interest III. 2005 Clarification Is A Departure From Stru...

The Opacity of Transparency

The normative concept of transparency, along with the open government laws that purport to create a transparent public system of governance, promises the moon-a democratic and accountable state above all, and a peaceful, prosperous, and efficient one as well. But transparency, in its role as the theoretical justification for a set of legal commands, frustrates all parties affected by its ambiguities and abstractions. The public's engagement with transparency in practice yields denials of reas...

The New Rehabilitation

Introduction I. The Standard History Of Juvenile Justice A. The Rise Of Juvenile Courts And The Parenting Model B. The Fall Of Rehabilitation II. Juvenile Specialty Courts A. The Creation Of Juvenile Specialty Courts B. Profiles Of Juvenile Specialty Courts III. Understanding The New Rehabilitation A. Why Specialty Courts? B. Implications Conclusion

A Positive Theory of the War-Powers Constitution

This Article explores the division of war-making authority between the President and Congress through the prism of positive political theory. For the most part, the scholarly treatment of the war-powers debate has been normative, with various commentators offering various textual or functional accounts of what the proper allocation of war-making authority should be. This Article provides a positive account of the war-making powers by focusing on the domestic political constraints that the pol...

The Interaction of the Standing and Inevitable Discovery Doctrines of the Exclusionary Rule: Use of Evidence Illegally Obtained from the Defendant and a Third Party

This Note presents a split between two federal circuit courts regarding the interaction of the standing doctrine and the inevitable discovery exception to the exclusionary rule. The courts had to decide whether evidence obtained illegally from both a criminal defendant and a third party may be admitted in court through use of the inevitable discovery exception to the exclusionary rule. The standing doctrine requires that there be a violation of the defendant's own constitutional rights in or...

Striking Batson Gold at the End of the Rainbow?: Revisiting Batson v. Kentucky and Its Progeny in Light of Romer v. Evans and Lawrence v. Texas

Two recent Supreme Court cases concerning gay rights as evaluated under the Fourteenth Amendment call into question whether the Court should extend protection from the discriminatory use of peremptory challenges to sexual orientation, even if sexual orientation is currently evaluated under a rational-basis standard. To date, the Court has only held unconstitutional the discriminatory use of peremptory challenges when at least heightened-scrutiny analysis applies. However, since peremptory cha...

Looking the Other Way: Porn, "Playhouse" Prisons, and the Culture of Judicial Deference

I. Introduction II. Background A. History Of Prisoners' Rights Litigation In The United States B. Analysis Of Prisoners' Claims Of Infringement Of Constitutional Rights Under Turner v. Safley C. History Of The Ensign Amendment III. Discussion A. The First Attack On The Ensign Amendment: Amatel v. Reno 1. General Judicial Reasoning in Amatel 2. Amatel, The "Common Sense" Approach, And Judicial Deference B. A Second Attack On The Ensign Amendment: Ramirez v. Pugh 1. General Judicial Reasoning ...