A Remedy for Every Right: What Federal Courts Can Learn from California’s Taxpayer Standing

Under current federal taxpayer standing doctrine, the right of citizens to challenge inappropriate government spending is almost entirely unavailable. For example, in the last two years, taxpayers have sought to challenge the record $700 billion in disbursements by the Treasury as a bailout package (or to challenge the use of this bailout money for buying […]

Full Faith and Credit in Cross-Jurisdictional Recognition of Tribal Court Decisions Revisited

Federally recognized Indian tribes are America”˜s third sovereigns; at this level of generality the law is clear. However, exactly what demands the existence of tribal sovereignty places on our constitutional system is a seemingly inexorable question. One way to pin the question down, and begin to trace the deep legal and moral tensions it discloses, […]

Forgotten at Guantanamo: The Boumediene Decision and Its Implications for Refugees at the Base under the Obama Administration

On January 22, 2009, newly inaugurated President Barack Obama signed an Executive Order calling for the closure of Guantánamo Bay Naval Base in response to longstanding criticisms of the Bush Administration”˜s Guantánamo policy. The Order requires review of detention and prompt disposition of all cases involving Guantánamo detainees. It was meticulously drafted to apply to […]

The Filipino Veterans Equity Movement: A Case Study in Reparations Theory

In February 2009, the United States enacted a law that provided $198 million in one-time direct individual payments and official service recognition to Filipino veterans who fought for the United States in the Pacific theater of World War II.1 Under the payment program, Filipino veterans with U.S. citizenship will receive $15,000, while non-U.S. citizen Filipino […]

Finding a Common Yardstick: Implementing a National Student Assessment and School Accountability Plan through State-Federal Collaboration

This paper outlines a cooperative governance scheme between the states and the federal government that will be used to develop a national student assessment program for public K-12 education. The proposed structure is based upon theories of democratic experimentalism and policy diffusion. The proposal is aimed at addressing the current problems in the No Child […]

Assembly-Line Justice: A Review of Operation Streamline

Between 2003 and 2008, the misdemeanor immigration caseloads of magistrate judges along the U.S.-Mexico border increased by nearly 250 percent, from 15,633 cases to 53,697. Those caseloads continue to rise. And nationwide, federal prosecutions of immigration crimes nearly doubled in 2008 over the previous year. These striking numbers are the result not of a flood […]

Supplementing the DSHEA: Congress Must Invest the FDA with Greater Regulatory Authority over Nutraceutical Manufacturers by Amending the Dietary Supplement Health and Education Act

This paper addresses the serious deficiencies in the Dietary Supplement Health and Education Act, or “DSHEA.” In it, I argue that the DSHEA (a federal statute passed by Congress in 1994, superseding the Food Drug and Cosmetics Act as the applicable law governing the sale of nutraceutical products) gives impermissible latitude to manufacturers of dietary […]

Autonomy, Imperfect Consent, and Polygamist Sex Rights Claims

This paper explores a recent wave of pro-polygamy activism, exemplified in the recent Tenth Circuit challenge in Bronson v. Swensen. Though the plaintiffs in this case challenged Utah’s bigamy law partly on religious freedom grounds, they also argued that the law violated their rights to liberty and privacy under the Due Process Clause of the […]

Immigration and Abduction: The Relevance of U.S. Immigration Status to Defenses under the Hague Convention on International Child Abduction

The Hague Convention on the Civil Aspects of International Child Abduction seeks to ensure the prompt return of children who have been abducted by parents or other family members across national borders. The abductor, or taking parent, may raise several defenses in response to a petition for the return of a child, including the grave […]

Teachable Moments: The Use of Child-Centered Arguments in the Same-Sex Marriage Debate

Child-centered arguments have played a central role in debates over expanding marriage rights throughout history. Opponents of interracial marriage argued in Loving v. Virginia that “mixed race” children from interracial households were physically and psychologically inferior and suffered from social stigmatization. Over forty years later, child-centered arguments again took center stage in the debate over […]