Article

Bureaucratic Oppression: Its Causes and Cures

Edward L. Rubin
The purpose of this Article is to expand consideration of the problems involved in the interactions between government and individuals, and to explore potential solutions to those problems, in the same manner that recent legal scholarship has expanded consideration of the problems and potential solutions involved in government policymaking. Because the topic is so vast, it is best approached by considering specific types of interactions between the government and individuals.…
Article

The Lawmaking Family

Increasingly there are conflicts over families trying to “opt out” of various legal structures, especially public school education. Examples of opting-out conflicts include a father seeking to exempt his son from health education classes; a mother seeking to exempt her daughter from mandatory education about the perils of female sexuality; and a vegetarian student wishing to opt out of in-class frog dissection. The Article shows that, perhaps paradoxically, the right…
Article

Airspace and the Takings Clause

Troy A. Rule
This Article argues that the United States Supreme Court’s takings jurisprudence fails to account for instances when public entities restrict private airspace solely to keep it open for their own use. Many landowners rely on open space above adjacent land to preserve scenic views for their properties, to provide sunlight access for their rooftop solar panels, or to serve other uses that require no physical invasion of the neighboring space.…
Note

Avoiding an “Unavoidably Imperfect Situation”: Searching for Strategies to Divert Mentally Ill People Out of Immigration Removal Proceedings

Molly Bowen
Recent efforts to better protect mentally ill individuals in removal proceedings have focused on increasing procedural safeguards, such as providing free attorneys, releasing medical records in government custody, and training immigration judges on mental health symptoms. The goal of these reforms is to ensure that all individuals receive a full and fair hearing. In May 2011, the Board of Immigration Appeals advanced this call for due process protections in Matter…
Note

The Trouble with Transfers: An Analysis of the Referral of Uwinkindi to the Republic of Rwanda for Trial

Jennifer Wren Morris
This Note will provide a brief overview of the Rwandan genocide, the U.N.’s establishment of the Tribunal, and efforts to bring the Tribunal to a close. It will then examine the transfer applications that preceded Uwinkindi, the shifts in precedent that ultimately led to transfer, and, in conclusion, will assess the wisdom of the transfer itself. This approach focuses on the parallel, but sometimes contravening, goals of maintaining the provision…
Note

Purpose and Intent: Seeking A More Consistent Approach to Stream of Commerce Personal Jurisdiction

Shane Yeargan
The stream of commerce theory of personal jurisdiction has existed in a state of confusion and uncertainty for more than a quarter of a century. Much of this uncertainty stems from the fact that the Supreme Court has not been able to produce a majority opinion outlining the appropriate scope of jurisdiction under the stream of commerce theory. In 1987, the Court’s plurality opinions in Asahi Metal Industry Co. v.…
Commentary

Considering Lesbian, Gay, Transgender, and Bisexual Nominees for the Federal Courts

Carl Tobias
In April 2010, President Barack Obama nominated Edward DuMont to the United States Court of Appeals for the Federal Circuit, while more than one and a half years later the nominee withdrew. The aspirant possesses impeccable credentials, having argued eighteen Supreme Court matters and captured a unanimous well qualified American Bar Association (ABA) rating. Despite his immense capabilities, the prospect never received a hearing. Because Edward DuMont is an exceptionally…