| Author | Title | Citation | Summary | Year |
| Amy J. Schmitz |
Sex Matters: Considering Gender in Consumer Contracting |
19 Cardozo Journal of Law & Gender 437 (Winter 2013) |
We hear about the so-called War on Women and persisting salary gaps between men and women in the popular media, but contracts scholars and policymakers rarely discuss gender. Instead, dominant voices in the contracts field often reflect classical and economics-driven theories built on assumptions of gender neutral and economically rational... |
2013 |
| Sara L. Ainsworth |
Stormans, Inc. V. Selecky |
24 Hastings Women's Law Journal 303 (Summer 2013) |
The following amicus curiae brief was prepared by Sara L. Ainsworth,* and submitted on behalf of organizations and experts in domestic and sexual violence, to the United States Court of Appeals for the Ninth Circuit on appeal from the United States District Court for the Western District of Washington, Case No. 07-CV-05374-RBL (Hon. Ronald B.... |
2013 |
| Mary Fan |
Street Diversion and Decarceration |
50 American Criminal Law Review 165 (Winter, 2013) |
States seeking more cost-effective approaches than imprisoning drug offenders have explored innovations such as drug courts and deferred prosecution. These treatment-based programs generally involve giving diversion discretion to prosecutors and judges, actors further down the criminal processing chain than police. The important vantage of police... |
2013 |
| John R. Dorocak |
Tax Constitutional Questions in "Obamacare": National Federation of Independent Business V. Sebelius in Light of Citizens United V. Federal Election Commission and Speiser V. Randall: Conditioning a Tax Benefit on the Nonexercise of a Constitutional Right |
11 University of New Hampshire Law Review 189 (July, 2013) |
C1-3Table of Contents I. Introduction. 189 II. Constitutional Power to Tax in National Federation of Independent Business. 191 III. Speiser v. Randall and Citizens United v. FEC: Conditioning a Benefit on the Nonexercise of a Constitutional Right. 195 IV. Do Speiser and Citizen United Aid in Understanding National Federation of Independent... |
2013 |
| Janet Weinstein , Linda Morton , Howard Taras , Vivian Reznik |
Teaching Teamwork to Law Students |
63 Journal of Legal Education 36 (August, 2013) |
Despite demand in law firms for first-year associates who can work collaboratively, law schools continue to graduate students who are unfamiliar and uncomfortable with the concept of working in teams, particularly interdisciplinary teams. Teamwork concepts are infrequently taught in legal education. In addition, law professors unfamiliar with... |
2013 |
| Lisa L. Miller |
The (Dys)functions of American Federalism |
49 Tulsa Law Review 267 (Winter, 2013) |
Sotirios A. Barber, The Fallacies of States' Rights (2013). Pp. 256. Hardcover $39.95. David Brian Robertson, Federalism and the Making of America (2012). Pp. 248. Hardcover $40.00. Erin Ryan, Federalism and the Tug of War Within (2011). Pp. 432. Hardcover $75.00. Readers might reasonably ask what three more books on American federalism could... |
2013 |
| Lloyd R. Cohen |
The 20th Century Decline in the Private Cost to Women of Non-marital Sex: Causes and Consequences |
9 Journal of Law, Economics & Policy 645 (Fall, 2013) |
Non-marital sex in the United Statespremarital, extramarital, and postmaritalwent through a radical change over the course of the twentieth century. It both increased markedly in frequency and availability and changed dramatically in character. The pace of change was most rapid in a period of perhaps ten years beginning in the early 1960s. What... |
2013 |
| Rene Bowser |
The Affordable Care Act and Beyond: Opportunities for Advancing Health Equity and Social Justice |
10 Hastings Race and Poverty Law Journal 69 (Winter 2013) |
Of all the forms of inequality, injustice in healthcare is the most shocking and inhumane. - Dr. Martin Luther King, Jr. It's been more than a decade since Congress first officially acknowledged that this country has a problem with race and health equity. In 1999 Congress asked the Institute of Medicine to investigate disparities in health and... |
2013 |
| David E. Adelman |
The Collective Origins of Toxic Air Pollution: Implications for Greenhouse Gas Trading and Toxic Hotspots |
88 Indiana Law Journal 273 (Winter, 2013) |
This Article presents the first synthesis of geospatial data on toxic air pollution in the United States. Contrary to conventional views, the data show that vehicles and small stationary sources emit a majority of the air toxics nationally. Industrial sources, by contrast, rarely account for more than ten percent of cumulative cancer risks from all... |
2013 |
| Khiara M. Bridges |
The Dangerous Law of Biological Race |
82 Fordham Law Review 21 (October, 2013) |
The idea of biological race--a conception of race that postulates that racial groups are distinct, genetically homogenous units--has experienced a dramatic resurgence in popularity in recent years. It is commonly understood, however, that the U.S. Supreme Court has rejected the idea that races are genetically uniform groupings of individuals.... |
2013 |
| Christian B. Sundquist |
The Dialectics of Racial Genetics |
76 Albany Law Review 1751 (2012-2013) |
The devices of dialectic and narrative have long been used by scholars to analyze jurisprudence and disrupt traditional legal discourse. Henry M. Hart was one of the first legal scholars to utilize the dialectical method in his classic article, The Power of Congress to Limit the Jurisdiction of Federal Courts: An Exercise in Dialectic. Since Hart's... |
2013 |
| June Carbone and Naomi Cahn |
The Gender/class Divide: Reproduction, Privilege, and the Workplace |
8 FIU Law Review 287 (Spring, 2013) |
When Amy, an academic researcher, froze her eggs at age thirty-seven, what surprised her most was that the process was far less expensive than I initially thought it was going to be. I was expecting to pay around $12-15,000, however my final price tag was under $8,000. What might have proved shocking to her, however, is that the poverty threshold... |
2013 |
| Philip J. Cook |
The Great American Gun War: Notes from Four Decades in the Trenches |
42 Crime and Justice 19 (2013) |
In this essay I provide an account of how research on gun violence has evolved over the last four decades, intertwined with personal observations and commentary on my contributions. It begins with a sketch of the twentieth century history of gun control in the United States. I then provide an account of why gun violence is worth studying, with a... |
2013 |
| Therese A. Savona |
The Growing Pains of Graham V. Florida: Deciphering Whether Lengthy Term-of-years Sentences for Juvenile Defendants Can Equate to the Unconstitutional Sentence of Life Without the Possibility of Parole |
25 Saint Thomas Law Review 182 (Spring 2013) |
We must reject the idea that every time a law is broken, society is guilty rather than the lawbreaker. It is time to restore the American precept that each individual is accountable for his actions. - Ronald Reagan On December 4, 2010, Eric Sandefur, a seventeen-year-old living in Jacksonville, Florida, attacked Jason Jerome, a... |
2013 |
| Gerald P. López |
The Health of Undocumented Mexicans in New York City |
32 Chicana/o-Latina/o Law Review 1 (2013) |
In partnership with the Center for Urban Epidemiologic Studies, and in collaboration with diverse institutions and individuals, the Center for Community Problem Solving completed a study of the health of 431 undocumented Mexicans in New York City. Informed by a robustly democratic rebellious vision of problem solving and by a decidedly unorthodox... |
2013 |
| Taja-Nia Y. Henderson |
The Ironic Promise of the Thirteenth Amendment for Offender Anti-discrimination Law |
17 Lewis & Clark Law Review 1141 (2013) |
Policymakers and legal scholars agree that persistent private discrimination against persons convicted of crimes is a significant public policy concern. Persons convicted of crimes are routinely shut out of legitimate labor and housing markets, precipitating recidivist behavior and other social ills. In an attempt to curtail these practices, local... |
2013 |
| John MacDonald, Robert J. Stokes, Ben Grunwald, Ricky Bluthenthal |
The Privatization of Public Safety in Urban Neighborhoods: Do Business Improvement Districts Reduce Violent Crime among Adolescents? |
47 Law and Society Review 621 (September, 2013) |
The business improvement district (BID) is a popular economic development and urban revitalization model in which local property and business owners must pay an assessment tax that funds supplementary services, including private security. BIDs constitute a controversial form of urban revitalization to some because they privatize economic... |
2013 |
| Jonathan Simon |
The Return of the Medical Model: Disease and the Meaning of Imprisonment from John Howard to Brown V. Plata |
48 Harvard Civil Rights-Civil Liberties Law Review 217 (Winter 2013) |
Forty years after the medical model--as the rehabilitative-oriented penology that dominated American correctional systems from World War II until the 1970s was widely known--began to be abandoned, Brown v. Plata suggests the imminent return of medicine and the problem of disease to our public imagination of the prison and our constitutional... |
2013 |
| Laura Nixon |
The Right to (Trans) Parent: a Reproductive Justice Approach to Reproductive Rights, Fertility, and Family-building Issues Facing Transgender People |
20 William and Mary Journal of Women and the Law 73 (Fall, 2013) |
INTRODUCTION I. FINDING A THEORETICAL AND MOVEMENT HOME FOR ISSUES AT THE INTERSECTION OF REPRODUCTION AND GENDER IDENTITY A. Where are Transgender Reproductive Health Issues in the LGBT Movement? B. The Reproductive Justice Approach C. Reproductive Injustice: The Logic and Residue of Eugenics in State Requirements to Change Gender Markers 1. The... |
2013 |
| W. David Koeninger |
The Statute Whose Name We Dare Not Speak: Emtala and the Affordable Care Act |
16 Journal of Gender, Race and Justice 139 (Winter 2013) |
Scholars and activists have long suggested that every judicial or legislative victory for civil rights is tempered by the fact that the new rights won must be incorporated within a system largely designed to maintain the status quo. This Article examines this tension by addressing the struggle for equal access to health care in the United States.... |
2013 |
| Mika'il DeVeaux |
The Trauma of the Incarceration Experience |
48 Harvard Civil Rights-Civil Liberties Law Review 257 (Winter 2013) |
In 2010, I ceased being counted as a member of the United States correctional population. In that year, I was discharged from correctional supervision after serving thirty-two years of a life sentence; twenty-five of those years were spent in several of New York State's maximum-security prisons, and seven on parole. This Article reflects my... |
2013 |
| Lindsay F. Wiley |
The U.s. Department of Agriculture as a Public Health Agency? A "Health in All Policies" Case Study |
9 Journal of Food Law & Policy 61 (Spring 2013) |
I. Introduction. 61 II. Health in All Policies and the Evolving Public Health Response to Obesity. 64 III. USDA's Role in Shaping the Food System. 69 A. Dietary Guidelines. 70 B. Agricultural Subsidies and Commodity Market Deregulation. 75 C. Nutrition Assistance Progams.. 82 D. Scholl Meal Programs. 91 IV. Conclusion: Toward the Further... |
2013 |
| Andrea Freeman |
The Unbearable Whiteness of Milk: Food Oppression and the Usda |
3 UC Irvine Law Review 1251 (December, 2013) |
Introduction. 1251 I. Food Oppression. 1254 II. Milk Does a Body Good?. 1257 III. Structural and Cultural Analysis of the USDA's Promotion of the Dairy Industry. 1263 A. Structural Analysis. 1263 1. Challenges Facing the USDA as a Multi-Role Agency. 1263 2. Federal Dietary Guidelines. 1264 3. Distribution. 1266 B. Cultural Analysis. 1268 1.... |
2013 |
| Anietie Maureen-Ann Akpan |
Tierra Y Vida: How Environmental Injustice Has Adversely Impacted the Public Health of Rural Brown Populations in South Texas |
43 Texas Environmental Law Journal 321 (Summer, 2013) |
I. Introduction. 321 II. The Development of Texas Colonias. 322 A. Poverty's Integral Role in Sustaining the Subordinate Collective Health of Colonia Residents. 323 B. How Natural Environment Also Creates Obstacles for South Texas Residents to Maintain Good Health. 324 III. The Texas Health & Safety Code--Examining an Existing Remedy Not... |
2013 |
| Professor Kimberly M. Mutcherson |
Transformative Reproduction |
16 Journal of Gender, Race and Justice 187 (Winter 2013) |
Technology drives societal transformation in multiple realms, including in the world of making babies. The story of assisted reproduction is sometimes told as a Disney fairy tale in which the happily ever after ending involves a healthy baby being born to a smiling, married, opposite-sex, White couple. Stories of this kind appear with regularity in... |
2013 |
| Katharine Van Tassel |
Using Clinical Practice Guidelines and Knowledge Translation Theory to Cure the Negative Impact of the National Hospital Peer Review Hearing System on Healthcare Quality, Cost, and Access |
40 Pepperdine Law Review 911 (2013) |
I. Introduction II. The Hospital Peer Review Hearing Process A. The Rationales for the Passage of the Health Care Quality Improvement Act 1. Did the Threat of Lawsuits Chill Physician Participation in Peer Review? 2. Were Large Numbers of Incompetent Physicians State Hopping to Avoid Sanctions? 3. Was There a Medical Malpractice Insurance Crisis?... |
2013 |
| Nancy E. Dowd |
What Men?: the Essentialist Error of the "End of Men" |
93 Boston University Law Review 1205 (May, 2013) |
Introduction. 1205 I. The Context of Black Boys: Funneling Toward Subordination. 1207 A. The Early Years: Poverty, Income Support, and Child Welfare. 1210 B. School: Gendering the Racial Gap. 1216 C. Juvenile Justice: The Injustice System. 1222 D. Employment: Foreclosed Opportunity. 1226 II. Implications: Levels of Inequalities. 1229 III.... |
2013 |
| Rosalie Berger Levinson |
Wherefore Art Thou Romeo: Revitalizing Youngberg's Protection of Liberty for the Civilly Committed |
54 Boston College Law Review 535 (March, 2013) |
Abstract: Thirty years ago, in Youngberg v. Romeo, the U.S. Supreme Court recognized that those who are involuntarily committed in a state institution enjoy a constitutionally protected liberty interest, which protects the right to reasonably safe conditions of confinement, freedom from unreasonable restraint, and minimally adequate training... |
2013 |
| Jean Thomas |
Which Interests Should Tort Protect? |
61 Buffalo Law Review 1 (January, 2013) |
This Article asks the question: what justifies the practice of tort law? It asks the question with a particular focus: which interests should tort protect? This Article argues that tort selects and protects a determinate set of interests, even if we do not take it to be doing so. The second claim advanced in the Article is that tort law is... |
2013 |
| Janet L. Dolgin |
Who's Smiling Now?: Disparities in American Dental Health |
40 Fordham Urban Law Journal 1395 (May, 2013) |
Introduction. 1396 I. Dental Status and Poverty. 1398 A. Lacking Dental Coverage and Dental Care. 1399 B. The Worst Consequences of Poor Dental Health. 1403 C. Dental Coverage in the United States. 1406 1. Health Coverage Compared with Dental Coverage: Why Is Dentistry Not Part of Medicine?. 1410 2. Opposition to Expanding Dental Coverage for Poor... |
2013 |
| Angelique Townsend Eaglewoman , (Wambdi A. Wastewin) |
Wintertime for the Sisseton-wahpeton Oyate: over One Hundred Fifty Years of Human Rights Violations by the United States and the Need for a Reconciliation Involving International Indigenous Human Rights Norms |
39 William Mitchell Law Review 486 (2013) |
I. The Need to Address Ongoing Human Rights Violations. 487 II. Historical Interaction with the Whites from Trading Posts to U.S. Treaties. 488 A. Dakota Commerce with French and British Trading Posts. 490 B. U.S. Treaties with the Dakota Peoples in 1805, 1825, 1830, 1836, and 1837. 491 C. The Treaties of 1851 and the Washington D.C. Treaties of... |
2013 |
| Ruth M. Farrell |
Women and Prenatal Genetic Testing in the 21st Century |
23 Health Matrix: Journal of Law-Medicine 1 (Spring, 2013) |
Introduction. 1 I. The Evolution of Genetic Technologies. 4 II. The Impact of Advancing Genomic Technologies on Informed Decision-Making by Pregnant Women. 6 III. The Voluntary Nature of Decisions about Prenatal Genetic Testing. 9 IV. Maternal-Fetal Surgery and the Changing Calculus of Prenatal Genetic Testing. 11 Conclusion. 12 With over four... |
2013 |
| Christopher A. Ramos |
Wrapped in Ambiguity: Assessing the Expressiveness of Bareback Pornography |
88 New York University Law Review 1839 (November, 2013) |
Contrary to popular belief, pornography has not won the culture war. Far from enjoying the spoils of victory, pornography instead faces legislative ire up to the point of absolute prohibition. On November 6, 2012, close to fifty-six percent of voters approved the County of Los Angeles Safer Sex in the Adult Film Industry Act (Measure B),... |
2013 |
| Maurice C. Daniels , Cameron Van Patterson |
(Re)considering Race in the Desegregation of Higher Education |
46 Georgia Law Review 521 (Spring, 2012) |
I. INTRODUCTION: THE GOLDEN ANNIVERSARY OF DESEGREGATION AT THE UNIVERSITY OF GEORGIA. 522 II. AFFIRMING DIVERSITY AT THE EXPENSE OF THE PRINCIPLE OF RACIAL EQUALITY. 526 III. TEACHABLE MOMENTS AND HISTORICAL LESSONS. 536 IV. REFRAMING THE DISCUSSION OF AFFIRMATIVE ACTION. 549 V. CONCLUSION. 553 Because the courts have spoken so often on the... |
2012 |
| Anna Roberts |
(Re)forming the Jury: Detection and Disinfection of Implicit Juror Bias |
44 Connecticut Law Review 827 (February, 2012) |
This Article investigates whether one of the most intractable problems in trial procedure can be ameliorated through the use of one of the most striking discoveries in recent social science. The intractable problem is selecting a fair jury. Current doctrine fails to address the fact that jurors harbor not only explicit, or conscious, bias, but also... |
2012 |
| Katherine Pratt |
A Constructive Critique of Public Health Arguments for Antiobesity Soda Taxes and Food Taxes |
87 Tulane Law Review 73 (November, 2012) |
This Article constructively critiques the two arguments that public health advocates have made in support of antiobesity soda taxes or junk food taxes. Part II discusses and critiques the first argument, an economic externalities argument that government should tax soda or junk food to internalize the disproportionately high health care costs of... |
2012 |
| Joel D. Swider |
A Dose of Reality: Unintended Consequences of Penalizing Hospital Readmissions in the Ppaca |
9 Indiana Health Law Review 361 (2012) |
I. Introduction. 361 II. Roadmap. 362 III. Overview of Problem. 362 A. Decrease in Care Quality. 363 B. Decrease in Minority Access to Care. 363 C. Increased Hospital Financial Distress. 364 IV. Background. 366 V. Statute. 368 VI. Intended Consequences. 373 VII. Unintended Consequences. 375 VIII. Proposed Solutions to Readmissions-What is a... |
2012 |
| Annette Wong |
A Matter of Competence: Lawyers, Courts, and Failing to Translate Linguistic and Cultural Differences |
21 Southern California Review of Law & Social Justice 431 (Spring 2012) |
I don't have any sympathy for you were some of the last words Annie Ling heard from the Spalding County trial judge before he sentenced her to ten years in prison and five years of probation for child cruelty. Although Annie heard the words, whether she understood them was unlikely. A Mandarin speaker from Malaysia, Annie did not have an... |
2012 |
| Sara Gronningsater |
A Patient's Right to Choose Is Not Always Black and White: Long Term Care Facility Discrimination and the Color of Care |
26 Journal of Civil Rights & Economic Development 329 (Winter 2012) |
In recent years, employers in the medical field have been confronted with patients' requests to have a care provider of a specific race. Such requests have put these care providers in a legal and ethical bind, balancing the need to adhere to patient preferences while also protecting care providers' rights under Title VII of the Civil Rights Act of... |
2012 |
| Deven McGraw , Alice Leiter |
A Policy and Technology Framework for Using Clinical Data to Improve Quality |
12 Houston Journal of Health Law & Policy 137 (Symposium 2012) |
Despite the undeniable advancements in medicine over the last several decades, the U.S. has been unable to match this progress with respect to health outcomes, due at least in part to the failure to effectively manage and use health data. There is a high price to be paid for this lack of advancement, both with respect to quality and cost of care.... |
2012 |
| Lisa C. Ikemoto |
Abortion, Contraception and the Aca: the Realignment of Women's Health |
55 Howard Law Journal 731 (Spring 2012) |
INTRODUCTION. 732 I. WOMEN'S HEALTH. 734 A. The Women's Health Movement. 735 B. Autonomy and Equality. 737 C. Shifts in Women's Health . 738 1. Women's Health as Reproductive Health. 738 2. Reproductive Health: Rights Versus Social Control. 739 II. Health Disparities and Women's Health. 740 A. The Abortion Wars. 740 B. Health Disparities. 742... |
2012 |
| Trudo Lemmens , Candice Telfer |
Access to Information and the Right to Health: the Human Rights Case for Clinical Trials Transparency |
38 American Journal of Law & Medicine 63 (2012) |
C1-3CONTENTS I. Introduction. 65 II. Clinical Trials Registration and Results Reporting in Context. 67 A. Early History. 67 B. International Developments. 69 C. National Implementation. 71 D. Remaining Challenges. 72 1. Enforcement and Implementation. 72 2. Scope of Trial Registration Requirements and Inclusion of Results Reporting. 74 3. Halting... |
2012 |
| Jessica L. Mantel |
Accountable Care Organizations: Can We Have Our Cake and Eat it Too? |
42 Seton Hall Law Review 1393 (2012) |
The health care debate has largely focused on the provisions of the Affordable Care Act (the ACA) aimed at expanding health insurance coverage to all Americans, most notably the individual mandate requirement. The ACA, however, also takes important steps to address the companion challenge of making health care coverage affordable by reigning in... |
2012 |
| Sean R. Walter |
Addressing the Unacceptable State of Health Care in the U.s.: Lessons to Be Learned from Spain's Focus on Primary Care |
21 Annals of Health Law Advance Directive 66 (Spring, 2012) |
It is well known that the health care system in the United States, the most expensive in the world, performs poorly in comparison to other developed countries. Among the thirty-four member countries of the Organization for Economic Cooperation and Development (OECD), the U.S. has the highest prevalence of adult obesity and the second highest... |
2012 |
| Catherine London |
Advancing a Surrogate-focused Model of Gestational Surrogacy Contracts |
18 Cardozo Journal of Law & Gender 391 (Winter 2012) |
When Helen Beasley, a 26-year-old single mother from Britain, agreed to serve as a surrogate for Charles Wheeler and Martha Berman, she considered it an opportunity to provide the American couple with a happy ending. Beasley did not anticipate that several months into the pregnancy she would find herself engaged in a legal battle over the terms... |
2012 |
| C. Godfrey Jacobs , Darci L. Graves, MPP, MA, MA, Jennifer Kenyon, Guadalupe Pacheco, MSW |
Advancing Culturally and Linguistically Appropriate Services at All Phases of a Disaster |
19 Washington and Lee Journal of Civil Rights and Social Justice 3 (Fall, 2012) |
Introduction. 3 Culturally and Linguistically Appropriate Services (CLAS). 4 Relationship between CLAS and Disparities. 6 Disparities & Disasters. 8 Increasing Diversity. 10 Disaster Related Disparities. 14 Conclusion. 16 Racial and ethnic minorities are disproportionately impacted by disaster due to a variety of factors, including: level of... |
2012 |
| Emily A. Benfer, John Ammann, Lisa Bliss, Sylvia Caley, Elizabeth Tobin Tyler, Robert Pettignano |
Advancing Health Law & Social Justice in the Clinic, the Classroom and the Community |
21 Annals of Health Law 237 (2012) |
Law school clinics are paramount to developing law school graduates who embrace their special responsibility for the quality of justice, as well as their role in ensuring equal access to justice for marginalized, impoverished and underserved members of society. This responsibility permeates every aspect of lawyering, especially the practice of... |
2012 |
| Edward Correia |
Aligning Physician Decision-making with the Goals of Health Care Organizations: Are There Any Lessons from Law Firms? |
28 Journal of Contemporary Health Law and Policy 224 (Spring, 2012) |
ABSTRACT: In order to achieve efficiency in the delivery of health care services, it is essential to align more closely the behavior of physicians with the goals of the health care organization with which they are affiliated. Achieving alignment presents a number of challenges, including legal constraints, a long tradition of physician... |
2012 |
| Elizabeth Tobin Tyler |
Aligning Public Health, Health Care, Law and Policy: Medical-legal Partnership as a Multilevel Response to the Social Determinants of Health |
8 Journal of Health & Biomedical Law 211 (2012) |
Health, among all the other forms of disadvantage, is special and foundational in that its effects on human capacities impact one's opportunities in the world and, therefore, health must be preserved to ensure equality of opportunity. Lawrence O. Gostin In the United States, the intersection between health and equal opportunity is most often framed... |
2012 |
| Steven A. Montalto |
An Empty Promise? Wheaton College V. Sebelius and its Policy Implications on Impending Ppaca Litigation |
22 Annals of Health Law Advance Directive 105 (Fall, 2012) |
Chief Justice Earl Warren wrote, the many subtle pressures' which cause policy considerations to blend into the constitutional limitations of Article III make the justiciability doctrine one of uncertain and shifting contours. Indeed, while the justiciability doctrine restricts federal adjudication, in part, to actual disputes between adverse... |
2012 |