Vol. 79, Issue 2, 2016

Jon B. GouldRichard A. Leo

The first systematic empirical study of how the American criminal justice system discovers and responds to factual error based on actual innocence.

General

IDENTITY AND NARRATIVE: TURNING OPPRESSION INTO CLIENT EMPOWERMENT IN SOCIAL SECURITY DISABILITY CASES

JoNel Newman

This article argues that because of the economic importance of the Social Security programs, client-centered advocates should not abandon the practice of Social Security disability law.

General
AN ELASTIC AMENDMENT: JUSTICE STEPHEN G. BREYER’S FLUID CONCEPTIONS OF FREEDOM OF SPEECH
Benjamin Pomerance
This article attempts to add greater clarity to the ongoing questions about Justice Breyer’s inclinations in the area of freedom of speech.
General
WILLFULNESS
David Welkowitz
This article demonstrates that the term willfulness has a shifting meaning and its loose definition encourages expansion of trademark remedies to an extent that should at least give us pause.
General
MATCHING THE TRAJECTORY OF THE SUPREME COURT ON THE INTELLECTUAL DISABILITY DEFENSE: A RECOMMENDATION FOR THE STATES
Noah Cyr Engelhart
This comment urges states to review their own intellectual disability defenses to ensure compliance with Hall and the developing trend in intellectual disability defense jurisprudence.
General
WHAT “YES MEANS YES” MEANS FOR NEW YORK SCHOOLS: THE POSITIVE EFFECTS OF NEW YORK’S EFFORTS TO COMBAT CAMPUS SEXUAL ASSAULT THROUGH AFFIRMATIVE CONSENT
Chandler Delamater
This comment focuses on New York’s state-wide adoption of an affirmative consent standard in its colleges, and its potential effectiveness for combating the epidemic of sexual violence against women.

General

Foreword: MY RELIGION, MY RULES: EXAMINING THE IMPACT OF RFRA LAWS ON INDIVIDUAL RIGHTS

Bryan A. Hum

Symposium foreword.

General

WHEN ONE’S RIGHT TO MARRY MAKES OTHERS “UNMERRY”

Shai Stern

This essay suggests that Obergefell should be seen as a step toward reconciling the ongoing tension between the constitutional rights of human liberty and freedom of religion.

General

RUIZ-DIAZ V. UNITED STATES: RFRA, SUBSTANTIAL BURDEN, AND THE NINTH CIRCUIT’S CAUSATION-NEXUS REQUIREMENT—A WRINKLE OR A ROADBLOCK FOR FUTURE IMMIGRATION-RELATED RELIGIOUS FREEDOM CHALLENGES?

Scott D. Pollock

This article examines the Ruiz-Diaz decision and its effect on the question of whether the refusal of immigration benefits violates RFRA if religious-based exceptions are not made available.

General
OPTING OUT IN THE NAME OF GOD: WILL LAWYERS BE COMPELLED TO HANDLE SAME-SEX DIVORCES?
Bill Piatt
This article examines the right of Americans to “opt out” of performing what otherwise would be a legal duty when their religious beliefs preclude that participation.

This website uses cookies