Regulating Offensiveness: Snyder v. Phelps, Emotion, and the First Amendment

  Christina Wells “¢ 05 Oct 2010 IntroductionSince 2005, the Reverend Fred Phelps and other members of the Westboro Baptist Church have outraged almost everyone by protesting near military funerals.[1] In Snyder v. Phelps the Supreme Court will finally decide whether that outrage is actionable.[2] Few people will lose sleep if the Court finds that […]

Liability and the Health Care Bill: An “Alternative” Perspective

  Amy Widman “¢Â 21 Sep 2010 The recently passed health care bill1 contains many provisions that deserve celebration. Improving access to care is an important first step. Enhancing patient safety and accountability is an important second step, one that proponents of medical malpractice reform often undermine with attempts to restrict the liability of health care […]

Right Problem; Wrong Solution

  Joseph L. Hoffmann and Nancy J. King “¢Â 14 Aug 2010 For the Great Writ of habeas corpus, these are the best of times and the worst of times.In Boumediene v. Bush, the Supreme Court, in a powerful and eloquent majority opinion by Justice Anthony Kennedy, vindicated the right of a non-U.S. citizen, held in […]

Self-Represented Litigants in Family Law: The Response of California’s Courts

  Bonnie Hough  “¢ 10 Feb 2010 Approximately two hundred thousand divorce petitions are filed annually in California. Seventy percent of those cases involve at least one self-represented litigant at the beginning of the case.[1] That figure increases to 80 percent by the time of judgment.[2]This is not simply a California issue. Utah, for example, […]

The Preventive Dilemma: A Reply to David Cole

  Robert Chesney “¢ 20 Jan 2010 For many years David Cole has been grappling, both in the courtroom and in the pages of the law reviews, with the difficult task of maximizing civil liberties while adequately addressing concerns related to terrorism and other national security threats. By and large, he has played the role […]

The Elkins Task Force: Meeting the Challenges of Family Law in California’s Courts

  Laurie Zelon “¢ 13 Jan 2010 In 2007, the California Supreme Court faced a difficult question: were procedures used in a family law court, intended to make the process easier for the litigants, in fact violating their rights to due process?  Deciding that they were, the Court declared[t]hat a procedure is efficient and moves […]