Volume 90
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ArticleVol. 90 · Iss. 6
Personal Jurisdiction in a Global World: The Impact of the Supreme Court’s Decisions in Goodyear Dunlop Tires and Nicastro
In June 2011 the Supreme Court decided two momentous personal jurisdiction cases: one, Goodyear Dunlop Tires Operations v. Brown, limited general jurisdiction to its…
John N. Drobak -
ArticleVol. 90 · Iss. 6
The Ancient Mariner of Constitutional Law: The Historical, Yet Declining Role of Navigability
“Navigability”—the degree to which a particular water body can be used by various boats and other watercraft—has a long, important history in federal constitutional…
Robert W. Adler -
ArticleVol. 90 · Iss. 6
Equal Protection for Children of Same-Sex Parents
Gay rights litigation and advocacy traditionally have focused on the unequal treatment of gay and lesbian individuals and couples; less attention has been dedicated…
Catherine E. Smith -
CommentaryVol. 90 · Iss. 6
Poking Holes in L.A.’s New Condom Requirement: Pornography, Barebacking, and Speech
In November 2012, California voters approved the County of Los Angeles Safer Sex in the Adult Film Industry Act, known as ?Measure B. The…
Alexander S. Birkhold -
NoteVol. 90 · Iss. 6
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
The penalty phase in a capital case represents the most challenging, yet important part of the trial. Once a trial progresses to this stage,…
Brett Walker -
NoteVol. 90 · Iss. 6
One-Action in More States: ThePropriety of Expanding theKansas One-Action Rule into Other Jurisdictions
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…
Jaran Moten -
ArticleVol. 90 · Iss. 5
Asking the First Question: Reframing Bivens After Minnici
In Minneci v. Pollard, decided in January 2012, the Supreme Court refused to recognize a Bivens v. Six Unknown Named Agents of Federal Bureau…
Lumen N. Mulligan & Alexander A. Reinert -
ArticleVol. 90 · Iss. 5
Patent Law’s Functionality Malfunction and the Problem of Overbroad, Functional Software Patents
Contemporary software patents are problematic because they are often overbroad. This Article offers a novel explanation of the root cause of this overbreadth. Patent…
Kevin Emerson Collins -
ArticleVol. 90 · Iss. 5
Blackness as Delinquency
This is one of the first law review article to analyze both the role of ?blackness? in shaping the first juvenile court and the…
Cheryl Nelson Butler -
CommentaryVol. 90 · Iss. 5
Legislative Oversight of a Bill of Rights: A Way to Rectify Judicial Activism
The term ?judicial activism has become a common part of modern American political speech, though it remains ambiguous and can often mean many different…
Duane L. Ostler -
NoteVol. 90 · Iss. 5
“Concert” or Solo Gig? Where the NLRB Went Wrong When it Linked in to Social Networks
This Note argues that some of the recent social media decisions by Administrative Law Judges (ALJs) and the National Labor Relations Board (NLRB) may…
Andrew Metcalf -
NoteVol. 90 · Iss. 5
Mr. Emanuel Returns From Washington: Durational Residence Requirements and Election Litigation
In the heat of the 2011 Chicago mayoral campaign, an appellate court in Illinois ordered the name of front-runner Rahm Emanuel, a former congressman…
Gavin J. Dow