Skip to content

Volume 27, Issue 3 (Spring 2011)

Judicial Sentencing Discretion Post-Booker: Are Judges Getting a Distorted View Through the Lens of Social Networking Sites?

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

Members Public

Lochner, Lawrence, and Liberty

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

Members Public

From Climate Change and Hurricanes to Ecological Nuisances: Common Law Remedies for Public Law Failures?

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

Members Public

Deporting Families: Legal Matter or Political Question?

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

Members Public