Article

Equal Protection for Children of Same-Sex Parents

Catherine E. Smith
Gay rights litigation and advocacy traditionally have focused on the unequal treatment of gay and lesbian individuals and couples; less attention has been dedicated explicitly to the legal rights of the children of gay and lesbian parents. This Article asserts that a child of same-sex parents denied a government benefit has a cognizable equal protection challenge—a legal claim that is separate and distinct from that of the child’s gay or…
Article

The Ancient Mariner of Constitutional Law: The Historical, Yet Declining Role of Navigability

Robert W. Adler
Article

Personal Jurisdiction in a Global World: The Impact of the Supreme Court’s Decisions in Goodyear Dunlop Tires and Nicastro

John N. Drobak
In June 2011 the Supreme Court decided two momentous personal jurisdiction cases: one, Goodyear Dunlop Tires Operations v. Brown, limited general jurisdiction to its rightful narrow role as a way to establish state court jurisdiction, while the other, J. McIntyre Machinery, Ltd. v. Nicastro, barely staved off a second attempt to narrow “stream of commerce” as a vehicle for jurisdiction. Although both cases made those valuable contributions to doctrine, they…
Note

One-Action in More States: The
Propriety of Expanding the
Kansas One-Action Rule into
 Other Jurisdictions

Jaran Moten
Most second-year law students who have completed an introductory course on civil procedure can explain the doctrines of issue and claim preclusion—collectively known as res judicata—with some proficiency. By successfully invoking either doctrine, one can avoid having to defend against a prolonged and expensive lawsuit. A defendant who fails to meet the elements of either probably will not be able to preclude a plaintiff‘s action. This is not the case…
Note

When the Facts and the Law Are
Against You, Argue the Genes?:
A Pragmatic Analysis of
Genotyping Mitigation Defenses
for Psychopathic Defendants in
 Death Penalty Cases

Brett Walker
The penalty phase in a capital case represents the most challenging, yet important part of the trial. Once a trial progresses to this stage, the jury has already rendered a guilty verdict, and the defense attorney faces the uphill battle of humanizing the defendant in order to distance him or her from the heinous act. Such a task proves especially difficult in cases involving a psychopathic defendant. This individual‘s emotionally…
Commentary

Poking Holes in L.A.’s New Condom Requirement: Pornography, Barebacking, and Speech

Alexander S. Birkhold
In November 2012, California voters approved the County of Los Angeles Safer Sex in the Adult Film Industry Act, known as ―Measure B. The law requires producers of erotic adult films to overcome financial hurdles and complete educational training to secure filming permits and also mandates the use of condoms during the production of adult films. If a movie‘s producers shoot a scene involving anal or vaginal intercourse without a…