Last year 245,424 noncitizens were removed from the United States, and courts played virtually no role in ensuring that these decisions did not violate individual substantive rights like freedom of speech, substantive due process, or retroactivity. Had these individuals been deported from a European country, domestic and regional courts
Over the past few years, there has been a minor renaissance in the use of common law actions, especially public and private nuisance, to address environmental problems not being adequately addressed by public law, such as climate change and natural disasters like Hurricane Katrina. Ever since the explosion of public
Many of the states of the United States have statutes, constitutional provisions, and court decisions that deny individuals the right to have a family, specifically a spouse and children, based on sexual orientation.
Advocates have made a wide variety of arguments attacking such restrictions. Scholars and litigants frequently argue that
Jessica Binkerd, a graduate of the University of California, Santa Barbara, probably never imagined that pictures taken from her MySpace website would one day help send her to jail. Regrettably, that is exactly what happened. On August 6, 2006, Binkerd was driving her co-worker, twenty-five-year-old Alex Baer, home from a
Prior to 1980, the only source of insulin for diabetics was the pancreas of animals, such as cows or pigs. While supply was not a problem, this source did carry the risk of infection and allergic reaction. Other therapeutic proteins, such as growth hormone, were previously only available in minuscule
The struggle between the Internal Revenue Service (IRS) and business taxpayers regarding the discovery of tax accrual work papers is not a new battle. The IRS, seeking a road map of the corporation’s vulnerable tax positions, argues that tax accrual work papers are prepared for ordinary business purposes and
Since September 11, 2001, several hundred individuals have been convicted of terrorism related charges. Of these convictions, over 80% resulted from a plea of guilty. It is surprising and counterintuitive that such a large percentage of these cases are resolved in this manner, yet, even when prosecuting suspected terrorists caught
As the dust of the Bush administration’s war on terror settles, casualties are starting to appear on the legal battlefield. The United States’ human rights reputation and the Supreme Court’s international influence lay wounded in the wake of U.S. policies that flouted international law by advocating torture,
The relationship between terrorism and international criminal law has provoked a good deal of discussion in the wake of the terrorist attacks of September 11, 2001 in New York City and at the Pentagon in Washington, D.C. A particularly challenging issue pertains to whether terrorism is an international crime
According to one recent survey, almost 60% of employees who leave their jobs take company data with them. Indeed, technological advances have made it easier than ever for employees to walk out the door with confidential information: “The digital world is no friend to trade secrets.” Companies’ data loss prevention
In June 2009, Israeli forensic science researchers published a ground breaking study that put credence to the possibility of creating artificial Deoxyribonucleic Acid (DNA) that can fool current forensic testing procedures. The researchers asserted that anyone with the proper equipment and basic understanding of molecular biology could create artificial DNA
“This Court has never held that the Constitution forbids the execution of a convicted defendant who has had a full and fair trial but is later able to convince a habeas court that he is ‘actually’ innocent.” Justice Scalia may already be well known for a strict approach to statutory
