Article

The “Youngest Profession”: Consent, Autonomy, and Prostituted Children

Although precise statistics do not exist, data suggest that the number of children believed to be at risk for commercial sexual exploitation in the United States is between 200,000 and 300,000 and that the average age of entry is between eleven and fourteen, with some as young as nine. The number of prostituted children who are criminally prosecuted for these acts is equally difficult to estimate. In 2008—the most recent…
Article

A Realist Defense of the Alien Tort Statute

This Article offers a new justification for modern litigation under the Alien Tort Statute (ATS), a provision from the 1789 Judiciary Act that permits victims of human rights violations anywhere in the world to sue tortfeasors in U.S. courts. The ATS, moribund for nearly 200 years, has recently emerged as an important but controversial tool for the enforcement of human rights norms. “Realist” critics contend that ATS litigation exasperates U.S.…
Article

Jurisdiction by Cross-Reference

Lumen N. Mulligan
State and federal law often cross-reference each other to provide a rule of decision. The difficulties attendant to these cross-referenced schemes are brought to the fore most clearly when a federal court must determine whether such bodies of law create federal question jurisdiction. Indeed, the federal courts have issued scores of seemingly inconsistent opinions on these cross-referential cases. In this Article, I offer an ordering principle for these apparently varied,…
Note

Purging Contempt: Eliminating the Distinction between Civil and Criminal Contempt

Paul A. Grote
The Article examines the current state of the law of contempt on state and federal law in the U.S. in 2011. It presents an overview of the law of contempt and major developments of jurisprudence in the Supreme Court that impact the distinction between criminal and civil contempt. It discusses the International Union, United Mine Workers v. Bagwell, a case in the Supreme Court on the distinction between criminal and…
Note

How the Professional Judgment Standard Could Undermine the Validity of Sexually Violent Predator Laws

David W. Nordsieck
The Article presents common features of the statutory schemes for the involuntary dedication of sexually violent predators in the U.S. in 2011. It examines several cases in the Supreme Court that shed some light on how the treatment that is offered to sexually violent predators might impact the constitutionality of their confinement. It discusses the consequences and proprietary of the professional judgment standard as a way to evaluate challenges to…
Note

Revisiting Class-Based Affirmative Action in Government Contracting

Jarrod D. Reece
The Article highlights the existing class-based alternatives to affirmative action in government contracting based on races in the U.S. in 2011. It discusses the theory of class-based affirmative action, state-by-state anti-affirmative action movement and the history of affirmative action. It explores three programs aimed to encourage the development of job in disadvantaged areas by government contracting and show the ways on how each program is structured.
Commentary

Executive Weapons to Combat Infection of the Art Market

Over the years, the executive branch has seized Nazi loot in various ways. The seizure that launched the modern Holocaust-era art movement was that accompanying the civil forfeiture proceeding filed in federal court in 1999 against Portrait of Wally, a painting by Egon Schiele. The seizure caused an uproar in the art world, which largely was concerned about future art loan prospects. At the time, there was a concern about…