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Volume 27, Issue 3 (Spring 2011)

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

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

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