Category: Article Archive

Article: The Speedy Trial Rrights of Military Detainees 0

Article: The Speedy Trial Rrights of Military Detainees

In Washington, debate roils on about whether terrorism suspects should be tried by military commission, Article III courts, some combination of the two, or not at all.  The Obama administration’s highest profile decision to...

Article: Federalism, Harm, and the Politics of Legal Garcia v. Texas 0

Article: Federalism, Harm, and the Politics of Legal Garcia v. Texas

Humberto Leal Garcia savagely raped and murdered sixteen-year-old Adria Sauceda in San Antonio in the spring of 1994.[1]  A Texas jury sentenced him to death.[2]  On these facts alone, his case appears indistinguishable from...

Note: It’s Not Popular but it Sure is Right: The (In)admissibility of Statements Made Pursuant to Sexual Offender Treatment Programs 0

Note: It’s Not Popular but it Sure is Right: The (In)admissibility of Statements Made Pursuant to Sexual Offender Treatment Programs

Sex offenders are not a sympathetic bunch.  Throughout American history, society has imposed on sexual offenders a variety of punishments, from incarceration[1] to castration.[2]  In recent years, in response to public pressure following several...

Article: The Influence of International Human Trafficking on United States Prostitution Laws: The Case of Expungement Laws 0

Article: The Influence of International Human Trafficking on United States Prostitution Laws: The Case of Expungement Laws

When the issue of human trafficking first gained widespread public attention in the United States in the 1990s, the discussion centered on international human trafficking.  In 2000, the United States passed an anti-trafficking law,...

Article: The Limits of International Law: Efforts to Enforce Rulings of the International Court of Justice in U.S. Death Penality Cases 0

Article: The Limits of International Law: Efforts to Enforce Rulings of the International Court of Justice in U.S. Death Penality Cases

Since the Supreme Court reinstated the death penalty in 1976,[1] the United States has executed twenty-eight foreign nationals from fifteen different countries.[2]  Most of those foreign nationals were never informed of their rights to...

Note: Green Technology: An Alternative Path to Accelerated Patent Examination 0

Note: Green Technology: An Alternative Path to Accelerated Patent Examination

In the last quarter century, a particular problem facing humanity has become increasingly clear to innovators around the world: the consumption of immense quantities of natural resources of limited and shrinking availability.  Whether it...

Article: Article V Versus Article 89: Why The U.S. Does Not Overturn Supreme Court Rulings Through Amendment 0

Article: Article V Versus Article 89: Why The U.S. Does Not Overturn Supreme Court Rulings Through Amendment

On the evening of January 27, 2010, the Capitol witnessed an epic bout.  From his bully pulpit and encircled by the thundering applause of his political majority, President Barack Obama publicly criticized the Supreme...

Note: Let my People Go Fishing: Applying the Law of “Givings” to Private Fishing Preserves, Exclusive Fishing Rights, and State-Stocked Rivers 0

Note: Let my People Go Fishing: Applying the Law of “Givings” to Private Fishing Preserves, Exclusive Fishing Rights, and State-Stocked Rivers

Most fishermen are probably not thinking about the law on a normal day on the water.  But perhaps they should if they are one of the anglers paying a fee to fish the private...

Article: Marauders in the Courts: Why the Federal Courts Have Got the Problem of Maritime Priacy (Partly) Wrong 0

Article: Marauders in the Courts: Why the Federal Courts Have Got the Problem of Maritime Priacy (Partly) Wrong

In December 2004, Los Angeles couple Jean and Scott Adam embarked on a round-the-world voyage on their yacht, the s/v Quest.1  They hoped to spend their retirement on the seas, engaging in, as they...

Article: Changing the Game: The Litigation that may be the Catalyst for Change in Intercollegiate Athletics 0

Article: Changing the Game: The Litigation that may be the Catalyst for Change in Intercollegiate Athletics

The first reported intercollegiate athletics contest in the United States took place in 1852.1  Harvard University challenged Yale University to a rowing contest similar to those staged in England by Oxford University and Cambridge...