UC Law Constitutional Quarterly

Volume 16
1989-1990

Issue 1

ARTICLES

The Death Penalty Revisited by Arthur J. Goldberg           

Oral History: Justice Joseph R. Grodin by Rosalyn S. Zakheim, John K. Hanft, and Laurene Wu McClain   

Preemption and Federalism: The Missing Link by Paul Wolfson                              

NOTES

Do Judicial "Scarlet Letters" Violate the Cruel and Unusual Punishments Clause of the Eighth Amendment? by Gregory M. Brown  

Issue 2

ARTICLES

The Senator and the Constitution: An Interview with Orrin G. Hatch by Ronald K. L. Collins and David M. Skover              

A Fifth Branch of Government: The Private Regulators and Their Constitutionality by Harold I. Abramson                          

NOTES

Patents on People and the U.S. Constitution: Creating Slaves or Enslaving Science by Kevin D. DeBre   

The Administrative Search from Dewey to Burger: Dismantling the Fourth Amendment by Lynn S. Searle    

Issue 3

ARTICLES

"A Republic . . . If You Can Keep It" by Hans A. Linde              

The Jurisprudence of Prevention: The Right of Societal Self-Defense Against Dangerous Individuals by Edward P. Richards                     

NOTES

Toward an Eclectic Approach to Separation of Powers: Morrison v. Olson Examined by Keith Werhan   

Voter Standing: A New Means for Third Parties to Challenge the Tax-Exempt Status of Nonprofit Organizations? by JoAnne L. Dunec                            

Lyng v. Northwest Indian Cemetery Protective Association: Government Property Rights and the Free Exercise Clause by S. Alan Ray    

Issue 4

ARTICLES

Bowen v. Kendrick: Retreat from Prophylaxis in Church-State Relationships by Alexandra Petrich           

Braswell v. United States: The Collective Entity Doctrine and the Compelled Testimony Standard by David N. Lathrop        

Kadrmas v. Dickinson Public Schools: A Search for a Consistent Equal Protection Standard in Education by Michele Benson                              

Morrison v. Olson: Renewed Acceptance for a Functional Approach to Separation of Powers by William L. Weigand III   

New York State Club Association v. City of New York: Ending Gender-Based Discrimination in Private Clubs--Are Associational Rights Still Protected by Anthony L. Leto          

Webster v. Doe: Toward Constitutional Protection of Gays against Governmental Discrimination by Timothy P. Prince  

NOTES

Volume 17
1990-1991

Issue 1

ARTICLES

Introduction by Stanley Mosk                  

More Than "Shreds and Patches": California's First Bill of Rights by Christian G. Fritz                    

Race, Radicalism, and Reform: Historical Perspective on the 1879 California Constitution by Harry N. Scheiber              

New Frontiers: Individual Rights Under the California Constitution by Margaret C. Crosby                        

Should California's Constitutional Guarantees of Individual Rights Apply Against Private Actors? by Jennifer Friesen    

Is Abandoning State Action Asking Too Much of the Constitution? by Scott E. Sundby                  

Checking California's Plebiscite by Julian N. Eule              

When Is Initiative Lawmaking Not "Republican Government"? by Hans A. Linde

The First Amendment and Paid Initiative Petition Circulators: A Dissenting View and a Proposal by Daniel Hays Lowenstein and Robert M. Stern      

"In Search of Bigfoot": The Common Law Origins of Article X, Section 2 of the California Constitution by Brian E. Gray  

Article X, Section 2: From Maximum Water Development to Instream Flow Protection by Harrison C. Dunning

NOTES

Issue 2

ARTICLES

A Kinder and Gentler Supreme Court? by Arthur J. Goldberg 

Out of Sight, Out of Danger?: Procedural Due Process and the Segregation of HIV-Positive Inmates by Lynn S. Branham 

By What Authority?: Reflections on the Constitutionality and Wisdom of the Flag Protection Act of 1989 by David L. Faigman                             

Pure Symbols and the First Amendment by Calvin R. Massey 

The Supreme Court's Bifurcated Interpretation of the Confrontation Clause by Daniel Shaviro                 

The Role of Special Interest Groups in the Supreme Court Nomination of Robert Bork by William G. Myers III    

Prohibition of Public Funding for Abortion Counseling: Government Violation of Women's Constitutional Right of Privacy by Catherine Hebert                     

"Experimenting" with State Constitutional Limits on Punitive Damages in California: Application of the California Excessive Fines Clause by Thomas Preston Klein 

NOTES

Issue 3

ARTICLES

The Supreme Court and Affirmative Action: Whose Classification is Suspect by Donald E. Lively

The Big Chill: Business Use of the Tort of Defamation to Discourage the Exercise of First Amendment Rights by Sharlene A. McEvoy

The Privacy Expectation: A Comparison of Federal and California Constitutional Standards for Drug Testing in Amateur Athletics by David R. Cochran

Does the Fifth Amendment Takings Clause Mandate Relief for Victims of Diplomatic Immunity Abuse by Juliana J. Keaton

For the Want of a Nail... the War Was Lost: Separation of Powers and United States Counter-Terrorism Policy During the Reagan Years by Peter Richman

NOTES

Issue 4

ARTICLES

Constitutionality without Wisdom: Caplin & Drysdale and Monsanto Examined by Dawn Cartwright    

City of Richmond v. J.A. Croson Co.: Charting a Course through the Supreme Court's Affirmative Action Decisions by Tamar Fruchtman

Florida v. Riley: The Descent of Fourth Amendment Protections in Aerial Surveillance Cases by Jon Gravenman

Michael H. v. Gerald D.: Due Process and Equal Protection Rights of Unwed Fathers by Gail Secor

NOTES

Volume 18
1991-1992

Issue 1

ARTICLES

A New Perspective on the Judicial Contempt Power: Recommendations for Reform by Louis Raveson

It Is a Constitution We Are Expounding by Eulis Simien, Jr.

Altered States: A Comparison of Separation of Powers in the United States and in the United Kingdom by James G. Wilson

The Constitutionality of Oakland's Nuclear Free Zone Ordinance by Christina White Nevins

Murray v. Giarratano: Right to Counsel in Postconviction Proceedings in Death Penalty Cases by Alice McGill

National Collegiate Athletic Association v. Tarkanian: A Death Knell for the Symbiotic Relationship Test by Braden J. Tedesco

NOTES 

Issue 2

ARTICLES

Dedication to Bret Leslie Lansdale by Chris Moore

The First Amendment at Its Third Century: Reckoning with the Ravages of Time by Donald E. Lively

From Widmar to Mergens: The Winding Road of First Amendment Analysis by Rosemary C. Salomone

Full Faith and Credit, Choice of Laws, and Extraterritorial Regulation of Corporate Transactions by Gregory S. Sergienko and Maureen B. Callahan

The Inadequate and Dependent "Adequate and Independent State Grounds" Doctrine by Eric B. Schnurer

Florida Star v. B.J.F.: The Wrongful Obliteration of the Tort of Invasion of Privacy Through the Publication of Private Facts by Marta Goldman Stanton        

A Procedural Due Process Attach on FDA Regulations: Getting New Drugs to People with AIDS by Bret L. Lansdale

NOTES

Issue 3

ARTICLES

Clarifying Fair Play and Substantial Justice: How the Courts Apply the Supreme Court Standard for Personal Jurisdiction by Leslie W. Abramson

Getting New Drugs to People with AIDS: A Public Policy Response to Lansdale by Marsha N. Cohen

Restricting Surrogacy to Married Couples: A Constitutional Problem--The Married-Parent Requirement in the Uniform Status of Children of Assisted Conception Act by Ann MacLean Massie

Autonomy, Debate, and Corporate Speech by David Shelledy

The State Action Doctrine and the Rehnquist Court by Henry C. Strickland           

NOTES

The Emissions Trading Policy: Smoke on the Horizon for Takings Clause Claimants by Yvonne F. Lindgren            

Federal Civil Rights: Fact or Fiction--A Proposal to Remove Eleventh Amendment Immunity in Section 1983 Actions by Debra L. Watanuki          

Issue 4

ARTICLES

Divided We Stand: State Constitutions in a More Perfect Union by Shirley S. Abrahamson          

Secret Justice and the Adversary System by Frank Askin

The Case for a Federal Journalist's Testimonial Shield Statute by Leslye DeRoos Rood and Ann K. Grossman

The Concept of Jurisdiction: Conflicting Legal Ideologies and Persistent Formalist Subversion by Hayward D. Reynolds

Second Children Second Best? Equal Protection for Successive Families Under State Child Support Guidelines by Rebecca Burton Garland

Beyond 16 U.S.C. § 1247(d): The Scope of Congress's Power to Preserve Railroad Rights-of-Way by Theodore G. Phillips

NOTES

Volume 19
1992-1993

Issue 1

ARTICLES

Getting There: A Brief History of the Politics of Supreme Court Appointments Commentary on the Supreme Court Nomination Process by Calvin R. Massey

Call for Integrity, A Commentary on the Supreme Court Nomination Process by Ray Forrester

Teague and Death: The Impact of Current Retroactivity Doctrine on Capital Defendants by David R. Dow

Redefining the Captive Audience Doctrine by Marcy Strauss

Freedom of Speech in Public Schools: Using Communication Analysis to Eliminate the Role of Educational Ideology by Gordon Danning

Modifications to the Traditional Public Forum Doctrine: United States v. Kokinda and Its Aftermath by Michael J. Mellis

NOTES

Legislation Punishing Drug Use During Pregnancy: Attack on Women's Rights in the Name of Fetal Protections by Nancy K. Schiff

Order in the Court: Challening Judges Who Incarcerate Pregnant, Substance-Dependent Defendants to Protect Fetal Health by Barrie L. Becker

Vicinage, Venue, and Community Cross-Section: Obstacles to a State Defendant's Right to a Trial by a Representative Jury by Lisa E. Alexander

Issue 2

ARTICLES

When "Special Needs" Meet Probable Cause: Denying the Devil Benefit of Law by Gerald S. Reamey

Government Regulation of Religiously Based Social Services: The First Amendment Considerations by Carl H. Esbeck

Public Executions: Understanding the "Cruel and Unusual Punishments" Clause by Steven A. Blum

Limitations on the Use of Appropriations Riders by Congress to Effectuate Substantive Policy Change by Jacques B. LeBoeuf

NOTES

Removing Bricks from a Wall of Discrimination: State Constitutional Challenges to Sodomy Laws by Paula A. Brantner

"Small Numbers" and Strict Scrutiny: Different Taxation of the Press by Alec Hunter Boyd

The Rehnquist Court and the New Establishment Clause by Russell M. Mortyn

Issue 3

ARTICLES

Bayonets for the Wounded: Constitutional Paradigms and Disadvantaged Neighborhoods by Donald P. Judges

Reckoning with the Bluster of Apolitical Jurisprudence by Donald E. Lively and Ellen S. Podgor

Who Will Litigate Constitutional Issues for the Poor? by Allen Redlich

Fearing the Mirror: Responding to Beggars in a "Kinder and Gentler" America by Michael M. Burns

"The Wrong Side of the Tracks": Territorial Rating and the Setting of Automobile Liability Insurance Rates in California by Gary Williams

NOTES

Involuntary Confessions and the Jailhouse Informant: An Examination of Arizona v. Fulminante by Elizabeth A. Ganong

Gender Verification Testing: Balancing the Rights of Female Athletes with a Scandal-Free Olympic Games by Pamela B. Fastiff

Issue 4

ARTICLES

Let Our Parents Run: Removing the Judicial Barriers for Parental Governance of Local Schools by John M. Evans

Economic Liberty as the Basis of Social Liberty: Bowers Revised in the Context of State Constitutions by Daniel R. Gordon

The Censor's Red Flair, the Bombs Bursting in Air: The Constitutionality of the Desert Storm Media Restrictions by Michael W. Klein

NOTES

Desperate for Revenue: The States' Unconstitutional Use of the Unitary Method to Apportion the Taxable Income of Foreign Parent Corporations by Elizabeth Harris

Constitutional Privacy Rights in the Private Workplace, Under the Federal and California Constitutions by John C. Barker

HIV Testing and Insurance Applicants: Exploring Constitutional Alternatives to Statutory Protections by Sandra Elizabeth Stone

Volume 20
1993-1994

Issue 1

ARTICLES

Introduction: The Duty of Keeping Political Power Separated by Calvin R. Massey

The Law as King and the King as Law: Is a President Immune from Criminal Prosectuion before Impeachment by Eric M. Freedman

Restoring the Balance of Power: The Struggle for Control of the Supreme Court by Terri Jennings Peretti

Presidential Succession under 3 U.S.C. 19 and the Separation of Powers: If at First You Don't Succeed, Try, Try Again by Americo R. Cinquegrana

Title VI of the Intelligence Authorization Act, Fiscal Year 1991: Effective Covert Action Reform or Business as Usual by Paul Gumina

NOTES

The Constitutionality of the Use of the Norplant Contraceptive Device as a Condition of Probation by Melissa Burke

Real Property Forfeiture under Federal Drug Laws: Does the Punishment Outweigh the Crime by Ron Champoux

Issue 2

ARTICLES

Health Care and the Constitution: Public Health and the Role of the State in the Framing Era by Wendy E. Parmet

Accidental Shootings as Fourth Amendment Seizures by Kathryn R. Urbonya

What States Owe Outsiders by Matthew Adler

NOTES

Mu'Min v. Virginia--Content Questioning for Media Bias in Jury Selection: Ask Them No Questions, They'll Tell You No Lies by Jill Simeone

Nude Dancing, Expressive Conduct, and the First Amendment: Reviewing Barnes v. Glen Theatre by Edward McKinley Urschel

Issue 3

ARTICLES

This Gentle Giant, In Memoriam: Thurgood Marshall by Ramsey Clark

Wit, Wisdom, and Compassion, In Memoriam: Thurgood Marshall by Kevin T. Baine

Thurgood Marshall: An Heir of Charles Hamilton Houston, In Memoriam: Thurgood Marshall by J. Clay Smith, Jr.

Brown in State Hands: State Policymaking and Educational Equality after Freeman v. Pitts, Symposium: Race, Education, and the Constitution: The Legacy of Brown v. Board of Education by Bernard James and Julie M. Hoffman

The Latter Stages of Enforcement of Equitable Decrees: The Course of Instutional Reform Cases after Dowell, Rufo, and Freeman, Symposium: Race, Education, and the Constitution: Legacy of Brown v. Board of Education by David I. Levine

Desegregation and the Supreme Court: The Fatal Attraction of Brown, Symposium: Race, Education, and the Constitution by Donald E. Lively

Afrocentric Movements in Education: Examining Equity, Culture, and Power Relations in the Public Schools, Symposium: Race, Education, and the Constitution: The Legacy of Brown v. Board of Education by Drake D. Hill

All-Male Black Schools: Equal Protection, the New Separatism and Brown v. Board of Education, Symposium: Race, Education, and the Constitution: The Legacy of Brown v. Board of Education by Richard Cummings

A Reply to Cummings: Are the Racial Realists Forced to Embrace the Legal Rationale of the Liberal and Integrationist Structures by Kevin Brown

Simple Justice Gets Complicated by Pedro A. Noguera

NOTES

Affirmative Action for the Poor: A Proposal for Affirmative Action in Higher Education Based on Economics, Not Race by Kimberly Paap Taylor

Issue 4

ARTICLES

It's Time to Unfix the Criminal Justice System by Abner J. Mikva

Monstrous Decision: Kidnapping is Legal by Hernan De J. Ruiz-Bravo

NOTES

The General Aptitude Test Battery and the Debate over Race Norming, Racial Preferences, and Affirmative Action by Emily Prescott

Comment: Blinking at Reality: An Examination of Bray v. Alexandria by Marjorie Richter

Volume 21
1994-1995

Issue 1

ARTICLES

The University in the Manner of Tiananmen Square by William Van Alstyne

The First Amendment Right to Petition Government for a Redress of Grievances: Cut from a Different Cloth by Julie M. Spanbauer

Tribal-State Gaming Compacts: The Constitutionality of the Indian Gaming Regulatory Act by William T. Bisset

A Constitution in Conflict: The Doctrine of Independent State Grounds and the Voter Initiative in California by Rachel A. Van Cleave

The California Constitution and the Counter-Initiative Quagmire by Elizabeth M. Stein

NOTES

Issue 2

ARTICLES

A Bill of Rights for the Twenty-First Century by Richard L. Nygaard

Complex Litigation and the State Courts: Constitutional and Practical Advantages of the State Forum Over the Federal Forum in Mass Tort Cases by Mark C. Weber

"Our Shield Belongs to the Lord": A Constitutional Right to Discriminate by Joanne C. Brant

The Invidiousness of Invidiousness: On the Supreme Court's Affirmative Action Jurisprudence by Mark Strasser

NOTES

Attorneys as State Actors: A State Action Model and Argument for Holding SLAPP-Plaintiffs' Attorneys Liable Under 42 U.S.C. § 1983 by James W. Harper

What Is the Court Trying to Establish?: An Analysis of Lee v. Weisman by Dina F. El-Sayed

Issue 3

ARTICLES

Standards of Review and Constitutional Analysis of Health Care Issues by Roy G. Spece Jr.

Constitutional Impediments to National Health Reform: Tenth Amendment and Spending Clause Hurdles by Candice Hoke

Federalism and Judicial Review: An Update by Jesse H. Choper

Doing it with Mirrors: New York v. United States and Constitutional Limitations on Federal Power to Require State Legislation by Martin H. Redish

Federalism and Health Care Reform: Is Half a Loaf Really Worse than None by Richard Briffault

Constitutional Limits on Physician Price Controls by Thomas W. Merrill

Health Care Price Controls and the Takings Clause by William S. Brewbaker III

Reply to Professor Brewbaker by Thomas W. Merrill

Rejoinder to Professor Merrill by William S. Brewbaker III

Religion Clauses and Parental Health Care Decisionmaking for Children: Suggestions for a New Approach by Ann MacLean Massie

Constitutional Challenges to Bans On Assisted Suicide: The View from Without and Within by Robert A. Sedler

NOTES

Out, Out Brief Candle: Constitutionally Prescribed Suicide for the Terminally Ill by Thomas J. Marzen

Womb for Rent: Norplant and the Undoing of Poor Women by Jeanne L. Vance

Issue 4

ARTICLES

Presidential Defiance of "Unconstitutional" Laws: Reviving the Royal Prerogative by Christopher May

The Validity of the Public Rights Doctrine in Light of the Historical Rationale of the Seventh Amendment by Kenneth Klein

The Constitution of the Czech Republic of 1992 by George Glos

NOTES

Volume 22
1995-1996

Issue 1

ARTICLES

Mapping and Matching DNA: Several Legal Complications of Accurate Classifications by Aviam Soifer and Miriam Wugmeister

Endorsement as Adoptive Action: A Suggested Definition of, and an Argument for, Justice O'Connor's Establishment Clause Test by Joel S. Jacobs

Toward a New Vision of Informants: A History of Abuses and Suggestions for Reform by Clifford S. Zimmerman

Gun-Free School Zones Act: The Shootout over Legislative Findings, the Commerce Clause, and Federalism, The Student Notes by David S. Gehrig

NOTES

Racism in Our Courts: The Underfunding of Public Defenders and Its Disproportionate Impact Upon Racial Minorities by Rebecca Marcus

Issue 2

ARTICLES

Supreme Court Voting Behavior: 1993 Term Statistical Abstract by Richard G. Wilkins, James L. Kimball III, and Scott M. Peterson

Exercising the Amendment Power to Disapprove of Supreme Court Decisions: A Proposal for a Republican Veto Essay by Thomas E. Baker

Reinterrogation by Marcy Strauss

When Juries Meet the Press: Rethinking the Jury's Representative Function in Highly Publicized Cases by Kenneth B. Nunn

License to Sell: Constitutional Protection against State or Local Government Regulation of Liquor Licensing by Shelley Ross Saxer

From Extreme Hardship to Extreme Deference: United States Deportation of Its Own Children by Edith Z. Friedler

NOTES

Crisis in California: Constitutional Challenges to Inadequate Trial Court Funding Note by Tracey Gabrielle Letteau

Issue 3

ARTICLES

Exposing Human Rights Abuses--A Help or Hindrance to Reconciliation? by Richard Goldstone

Dangerous Misperceptions: Protecting Police Officers, Society, and the Fourth Amendment Right to Personal Security by Kathryn R. Urbonya

Does the Constitution Follow the Flag Into United States Territories or Can It Be Separately Purchased and Sold? by Marybeth Herald

NOTES

Access to Eagles and Eagle Parts: Environmental Protection v. Native American Free Excercise of Religion by Antonia M. De Meo

Killing Me Softly: Is the Gas Chamber, or Any Other Method of Execution, "Cruel and Unusual Punishment?" by Peter S. Adolf

Cameras in the Restroom: Police Surveillance and the Fourth Amendment by William O'Callaghan

Fourth Amendment Protection for Juvenile Probationers in California, Slim or None?: In re Tyrell J. by Lidia Stiglich

Issue 4

ARTICLES

Tightening Circle of Membership, The Opening Remarks by T. Alexander Aleinikoff

Ten More Years of Plenary Power: Immigration, Congress, and the Courts Essay by Stephen H. Legomsky

State Immigration Laws and Federal Supremacy by Karl Manheim

Storytelling Out of School: Undocumented College Residency, Race, and Reaction by Michael A. Olivas

Detained Aliens Challenging of Confinement and the Porous Border of the Plenary Power Doctrine by Margaret H. Taylor

Volume 23
1997-1998

Issue 1

ARTICLES

Supreme Court Voting Behavior: 1994 Term by Richard G. Wilkins, Scott M. Petersen, Matthew K. Richard and Ronald J. Tocchini

Counter-demonstration As Protected Speech: Finding the Right to Confrontation in Existing First Amendment Law by Kevin Francis O'Neill and Raymond Vasvari

Waiver of the Right to Appeal by Robert K. Calhoun

When Judges Impose the Death Penalty After the Jury Recommends Life: Harris v. Alabama As the Excision of the Tympanic Membrane in an Augmentedly Death-Based Procedure by Amy D. Ronner

NOTES

Beyond Pinups: Workplace Restrictions on the Private Consumption of Pornography by Peggy E. Bruggman

Hung Up On Semantics: A Critique of Davis v. United States by Samira Sadeghi

Issue 2

ARTICLES

The Promise of State Constitutionalism: Can it be Fulfilled in Sheff v. O'Neill? by Gale Shaw Westerman

Good Kids, Bad Kids: A Revelation About the Due Process Rights of Children by Cecelia M. Espenoza

A Pro-Death, Self-Fulfilling Constitutional Construct: The Supreme Court's Evolving Standard of Decency for the Death Penalty by Susan Raeker-Jordan

NOTES

Aggressive Panhandling Legislation and the Constitution: Evisceration of Fundamental Rights-Or Valid Restrictions Upon Offensive Conduct? By Darryl C. Delmonico

Confusion in the Courts: The Failure to Tax Punitive Damages Uniformly in Personal Injury Cases by Margaret L. Thum

Issue 3

ARTICLES

Presence and Absence in Lochner: Making Rights Real by Eileen A. Scallen

Preaching the Constitution by William E. Wiethoff

The Argumentative Creation of Individual Liberty by Warren Sandmann

On the Rhetorical Criticism of Judge Posner by James Arnt Aune

The Hamlet Fallacy: Computer Networks and the Geographic Roots of Obscenity Regulation by Randolph Stuart Sergent

Reflections on the Proposed United States Reservations to CEDAW: Should the Constitution Be an Obstacle to Human Rights by Ann Elizabeth Mayer

NOTES

Casey Undue Burden Standard: Problems Predicted and Encountered, and the Split Over the Salerno Test by Ruth Burdick

Of Kirpans, Schools, and the Free Exercise Clause: Cheema v. Thompson Cuts Through RFRA's Inadequacies by Dipanwita Deb

Issue 4

ARTICLES

Understanding Affirmative Action by David Benjamin Oppenheimer

The Impact of the Proposed California Civil Rights Initiative by Erwin Chemerinsky

Equal Protection, Unequal Burden, and the CCRI by Vikram D. Amar

And to the Republic for Which It Stands: Guaranteeing a Republican Form of Government by Catherine A. Rogers

Merit Teaching by Maya Yxta Murray

Reverse Racism: Affirmative Action, the Familly, and the Dream That is America by Robert S. Chang

Failure of the Color-Blind Vision: Race, Ethnicity, and the California Civil Rights Initiative by Neil Gotanda

Debunking the Myth That Subdivision (c) of the California Civil Rights Initiative Lessens the Standard of Judicial Review of Sex Classifications in California by Pamela A. Lewis

Volume 24
1998-1999

Issue 1

ARTICLES

Supreme Court Voting Behavior: 1995 Term by Richard G. Wilkins, Matthew K. Richards and Scott Worthington

Protective Orders in the Bankruptcy Court: The Congressional Mandate of Bankruptcy Code Section 107 and Its Constitutional Implications by William T. Bodoh and Michelle M. Morgan

Viewpoint Discrimination by Marjorie Heins

The Allure and Danger of Community Values: A Criticism of Liberal Republican Constitutional Theory by Kenneth Ward

NOTES

After Midnight: The Constitutional Status of Juvenile Curfew Ordinances in California by Susan L. Freitas

Constitutionality of English-Only Provisions in the Public Employee Speech Arena: An Examination of Yniguez v. Arizonans for Official English by Michael Albert Thomas Pagni

Issue 2

ARTICLES

Perspectives on Constitutional Theory-- Foreward Interpretive Methodologies: Perspectives on Constitutional Theory by Evan Tsen Lee

Alternative Visions of American Constitutionalims: Popular Sovereignty and the Early American Constitutional Debate Interpretive Methodologies: Perspectives on Constitutional Theory by Christian G. Fritz

Judicial Supremacy and Nonjudicial Interpretation of the Constitution Interpretive Methodologies: Perspectives on Constitutional Theory by Scott E. Gant

Jewish Legal Theory and American Constitutional Theory: Some Comparisons and Constrasts Interpretive Methodologies: Perspectives on Constitutional Theory by Samuel J. Levine

Justice Curtis's Dissent in the Dred Scott Case: An Interpretive Study Interpretive Methodologies: Perspectives on Constitutional Theory by Stuart A. Streichler

Everything You Always Wanted to Know About How Amendments Are Made, but Were Afraid to Ask Interpretive Methodologies: Perspectives on Constitutional Theory by Brendon Troy Ishikawa

Originalism and the Importance of Constitutional Aspirations Interpretive Methodologies: Perspectives on Constitutional Theory by Richard B. Saphire

Issue 3

ARTICLES

Private Financing of Criminal Prosecutions and the Differing Protections of Liberty and Equality in the Criminal Justice Systems by Joseph E. Kennedy

And the Truth Shall Make You Free: Truth as a First Amendment Defense in Tortious Interference with Contract Cases by Robert L. Tucker

Choosing Federal Judges in the Second Clinton Administration by Carl Tobias

Book Review: Taking the Ninth Amendment Seriously: A Review of Calvin R. Massey's Silent Rights: The Ninth Amendment and the Constitution's Unenumerated Rights by N. Stephan Kinsella

NOTES

Tort Reform in the Wake of United States v. Lopez by Patrick Hoopes

Mixed Questions and the Scope of Federal Habeas Review: Consideration of Miranda Claims in Thompson v. Keohane by Rachel Meyers

Issue 4

ARTICLES

Engineering Perfect Offspring: Devaluing Children and Childhood by Wendy Anton Fitzgerald

The Second Time As Tragedy: The Assisted Suicide Cases and the Heritage of Roe v. Wade by Seth F. Kreimer

Two Precipices, One Chasm: The Economics of Physician-Assisted Suicide and Euthanasia by Nelson Lund

The Supreme Court and Terminal Sedation: Rejecting Assisted Suicide, Embracing Euthanasia by David Orentlicher

Does Decisional Law Grant Whites Fewer Political Rights Under the Fourteenth Amendment Than it Grants to Racial Minorities?: A Response to Vikram D. Amar and Evan H. Caminker by Thomas E. Wood

The Hunter Doctrine and Proposition 209: A Reply to Thomas Wood by Vikram David Amar and Evan H. Caminker

NOTES

Unauthorized Embryo Transfer at the University of California, Irvine Center for Reproductive Health by Supriya Kakkar

Volume 25
1999-2000

Issue 1

ARTICLES

Rediscovering the State Constitutional Right to Happiness and Safety by Joseph R. Grodin

Supreme Court Voting Behavior: 1996 Term by Richard G. Wilkins, Scott L. Worthington, and David Buchanan

Quetzalcoatl, Crosses and the New Constitutional Value of Multiculturalism by Lori A. Adasiewicz

NOTES

The Constitutionality of the Line Item Veto Act of 1996: Three Potential Sources for Presidential Line Item Veto Power by Catherine M. Lee

Issue 2

ARTICLES

Forward by David J. Jung

California and Dillon: The Times They Are a-Changing by Manuela Albuquerque

The Impact of Fiscal Limits on Governance by John J. Kirlin

Discrimination, Distribution, and City Regulation of Speech by Kathleen M. Sullivan

The Burdens and Benefits of Race in America by Charles J. Ogletree, Jr.

NOTES

The Political Price of the Independent Counsel Law by Joshua M. Perttula

Issue 3

ARTICLES

Reinventing Black Politics: Senate Districts, Minority Vote Dilution and the Preservation of the Second Reconstruction by Terry Smith

Welfare reform Under the Personal Responsibility Act: Ending Welfare as We Know It or Governmental Child Abuse? by Nancy A. Wright

NOTES

Reexamining Compelling Interests and Radical State Campaign Finance Reforms: So Goes the Nation? by Molly Peterson

Fetal Homicide Laws: Shield Against Domestic Violence or Sword to Pierce Abortion Rights? by Alison Tsao

Issue 4

ARTICLES

Dismantling the Modern State--The Changing Structural Foundations of Federalism by Keith E. Whittington

Permissible Content Discrimination under the First Amendment: The Strange Case of the Public Employee by Lawrence Rosenthal

NOTES

First Lady, Last Rights--Extending Executive Immunity to the First Lady Note by T. Natasha Patel

Incitement By Any other Name: Dodging a First Amendment Misfire in Rice v. Paladin Enterprises, Inc. by Lise Vansen

Volume 26
2000-2001

Issue 1

ARTICLES

Justice Harry A. Blackmun: The Model Judge by Karen Nelson Moore

Justice Harry A. Blackmun and the Responsibility of Judging by Diane P. Wood

The Author of Roe by Radhika Rao

Justice Blackmun and the Good Physician: Patients, Populations, and the Paradox of Medicine by Ann Alpers

Some Thoughts on Autonomy and Equality in Relation to Justice Blackmun by Pamela S. Karlan

Intuition and Science in the Race Jurisprudence of Justice Blackmun by Deborah C. Malamud

Justice Blackmun's Federal Tax Jurisprudence by Robert A. Green

Some Questions and Answers Concerning Justice Blackmun in Federalism and Separation of Powers Cases by Vikram David Amar

Weighing the Listener's Interests: Justice Blackmun's Commercial Speech and Public Forum Opinions by William S. Dodge

Justice Blackmun's Mark on Criminal Law and Procedure by Kit Kinports

Justice Blackmun's Capital Punishment Jurisprudence by Malcolm L. Stewart

NOTES

Issue 2

ARTICLES

The Constitutionality of State and Local "Sanctions" Against Foreign Countries: Affairs of State, States' Affairs, or a Sorry State of Affairs? by Brannon P. Denning & Jack H. McCall Jr.

The Rights to a Fair Trial and to Examine Witnesses Under the Spanish Constitution and the European Convention on Human Rights by Dennis P. Riordan

Section Three of the Defense of Marriage Act: Is Marriage Reserved to the States? by Kristian D. Whitten

California's Sexually Violent Predator Act: The Role of Psychiatrists, Courts, and Medical Determinations in Confining Sex Offenders by Carolyn B. Ramsey

NOTES

Scared to Death: The Separate Right to Counsel at Capital Sentencing by John E. Spomer, III

Issue 3

ARTICLES

Supreme Court Voting Behavior: 1997 Term by Richard G. Wilkins, Scott L. Worthington, David M. Buchanan, & R. Chad Hales

California Counties: Second-Rate Localities or Ready-Made Regional Governments? by Jared Eigerman

Getting a Grip on Payne And Restricting the Influence of Victim Impact Statements in Capital Sentencing: The Timothy McVeigh Case and Various State Approaches Compared by Niru Shanker

NOTES

And "Cloning" Makes Three: A Constitutional Comparison Between Cloning and Other Assisted Reproductive Technologies by Stephanie J. Hong

Issue 4

ARTICLES

Searching for the Structural Vision of City of Boerne v. Flores: Vertical and Horizontal Tensions in the New Constitutional Architecture by Thomas W. Beimers

Constitutional Comparisons and Converging Histories: Historical Developments in Equal Educational Opportunity Under the Fourteenth Amendment of the United States Constitution and the New South African Constitution by Alfreda A. Sellers Diamond

The Outer Limits of Human Genetic Engineering: A Constitutional Examination of Parents' Procreative Liberty to Genetically Enhance Their Offspring by Thomas Stuart Patterson

Separation of Powers: The Appointment of Bill Lann Lee as Acting Assistant Attorney General for Civil Rights by David L. Jordan

NOTES

Volume 27
2001-2002

Issue 1

ARTICLES

The Missing Pieces of the Debate Over Federal Property Rights Legislation by Max Kidalov and Richard H. Seamon

Neutrality of the Equal Protection Clause by K.G. Jan Pillai

NOTES

Russia's 1993 Constitution: Rule of Law for Russia or Merely a Return to Autocracy? by Christina M. McPherson

Global Responsibility and the United States: The Constitutionality of the International Criminal Court by Shannon K. Supple

Issue 2

ARTICLES

American Constitution-Making: The Neglected State Constitutional Sources by Marsha L. Baum and Christian G. Fritz

Justice Murphy and the Fifth Amendment Equal Protection Doctrine: A Contribution Unrecognized by Matthew J. Perry

Restrictions On Corporate Spending On State Ballot Measure Campaigns: A Re-Evaluation of Austin v. Michigan Chamber of Commerce by Susan W. Dana

NOTES

Disease Prevention and the Genetic Revolution: Defining a Parental Right to Protect the Bodily Integrity of Future Children by Megan Anne Jellinek

Not in My Womb: Compelled Prenatal Genetic Testing by Wendy E. Roop

Issue 3

ARTICLES

Supreme Court Voting Behavior: 1998 Term by Richard G. Wilkins, Scott L. Worthington, David M. Buchanan, & R. Chad Hales

The Evolving Police Power: Some Observations for a New Century by Glenn H. Reynolds & David B. Kopel

NOTES

First Amendment Protection for Newsgathering: Applying the Actual Malice Standard to Recovery of Damages for Intrusion by Merrit Jones

Electronic Filing and Informational Privacy by Kyla Kitajima

Issue 4

ARTICLES

Absent Abstinence Accountability by Elizabeth Arndorfer

Elian or Alien? The Contradictions of Protecting Undocumented Children Under the Special Immigrant Juvenile Statute by Gregory Zhong Tian Chen

Bad Girls and Good Sports: Some Reflections on Violent Female Juvenile Delinquents, Title IX & The Promise of Girl Power by Cheryl Hanna

Toward the Restorative Constitution: A Restorative Justice Critique of Anti-Gang Public Nuisance Injunctions by Joan W. Howarth

The Education Crisis for Children in the California Juvenile Court System by Kathleen Kelly

Juvenile Curfews and Fundamental Rights Methodology by Calvin Massey

NOTES

Volume 28
2002-2003

Issue 1

ARTICLES

Nostalgic Federalism by Judith Olans Brown & Peter D. Enrich

Constitutionality of State and Local Selective Purchasing Legislation: A 9-0 Supreme Court Decision in Favor of and in Defeat of Plaintiff by Rebecca S. Hartley

The Constitutional Value of Dialogue and the New Judicial Federalism by Lawrence Friedman

NOTES

Invisibly Radiated: Federalism Principles and the Proposed Hague Convention on Jurisdiction and Foreign Judgments by Khoi D. Nguyen

United States v. Emerson and the Second Amendment by Wade Maxwell Rhyne

Issue 2

ARTICLES

Clearly Canadian - Hill v. Colorado and Free Speech Balancing in the United States and Canada by Donald L. Beschle

Privileges or Immunities: The Missing Link in Establishing Congressional Power to Abrogate State Eleventh Amendment Immunity by William J. Rich

Free Speech for Lawyers by W. Bradley Wendel

Injury without Harm: Texas v. Lesage and the Strange World of Article III Injuries Essay by Ashutosh Bhagwat

NOTES

Invisibly Radiated: Federalism Principles and the Proposed Hague Convention on Jurisdiction and Foreign Judgments by Huong Thien Nguyen

United States v. Emerson and the Second Amendment Note by Wade Maxwell Rhyne

Issue 3

ARTICLES

Supreme Court Voting Behavior: 1999 Term by Richard G. Wilkins, Scott L. Worthington, David M. Buchanan, & R. Chad Hales

The End of School Desegregation and the Achievement Gap by David J. Armor

The Tensions Between Integration and School Reform by John A. Powell

Tracking in an Era of Standards: Low-Expectation Classes Meet High-Expectation Laws by Kevin G. Welner

NOTES

Issue 4

ARTICLES

The Return to Neighborhood Schools, Concentrated Poverty, and Educational Opportunity: An Agenda for Reform by Patrick James McQuillan & Kerry Suzanne Englert

The "Consequences" of School Desegregation: The Mismatch Between the Research and the Rationale by Amy Stuart Wells

Sexually Explicit Speech by Jerrold J. Kippen

NOTES

The Marlboro Man's Secret versus the Public Health: Trade Secrets and Unconstitutional Takings in Phillip Morris v. Reilly by Melanie Tang

Volume 29
2003-2004

Issue 1

ARTICLES

Why Doesn't She Leave? The Collision of First Amendment Rights and Effective Court Remedies for Victims of Domestic Violence by Laurie S. Kohn

NOTES

Colorblind Redistricting: Racial Proxies as a Solution to the Court's Voting Rights Act Quandary by Michelle E. O'Connor-Ratcliff

Anti-Vibrator Legislation: The Law is on Shaky Ground by Nicole Schilder

Issue 2

ARTICLES

A Third Theory of Liberty: The Evolution of Our Conception of Freedom in American Constitutional Thought by John Lawrence Hill

Direct Democracy and Civic Maturation by Alan Hirsch

Supreme Court Voting Behavior: 2000 Term by Richard G. Wilkins, Scott Worthington, Carter K.F. Chow and Sarah K.L. Chow

NOTES

The Power of Pregnancy: Examining Constitutional Rights in a Gestational Surrogacy Contract by Alayna Ohs

Issue 3

ARTICLES

Youngstown Revisited by Christopher Bryant and Carl Tobias

Congressional Authority to Induce Waivers of State Sovereign Immunity: The Conditional Spending Power (and Beyond) by Michael T. Gibson

In for a Calf is not Always in for a Cow: An Analysis of the Constitutional Right of Anonymity as Applied to Anonymous E-Commerce by Sharon K. Sandeen

NOTES

Executive Orders, "The Very Definition of Tyranny," and the Congressional Solution, the Separation of Powers Restoration Act by Leanna M. Anderson

Issue 4

ARTICLES

From the Courtroom to the Street: Court Orders and Section 1983 by Sheldon Nahmod

Incongruent Disproportionality by K.G. Jan Pillai

The Metes and Bounds of State Sovereign Immunity by Scott Dodson

NOTES

Vindicating Civil Rights Under 42 U.S.C. 14141: Guidance from Procedures in Complex Litigation Note by Eugene Kim

The Spectre of Star Chamber: The Role of an Ancient English Tribunal in the Supreme Court's Self-Incrimination Jurisprudence by Frank Riebli

Volume 30
2004-2005

Issue 1

ARTICLES

Religious Discrimination, Public Funding, and Constitutional Values by Steven K. Green

Coerced Confessions and the Fourth Amendment by Michael J. Zydney Mannheimer

NOTES

Should We Have Faith in the Faith-Based Initiative?: A Constitutional Analysis of President Bush's Charitable Choice Plan by Andrea Pallios

Access to the Airways After September 11: Do Aviation Business Devastated by the Restrictions Have a Fifth Amendment Remedy? by Elton Ueoka Dodson

Issue 2

ARTICLES

The Sound of Silence: Thoughts of a Sitting Judge on the Problem of Free Speech and the Judiciary in a Democracy by Robert H. Alsdorf

NOTES

Does the Constitutional Right to Privacy Protect Forced Disclosure of Sexual Orientation? by Anne C. Hydorn

Issue 3

ARTICLES

High School Drug Testing and the Original Understanding of the Fourth Amendment by David E. Steinberg

Justice Byron White and the Importance of Process by Carl Tobias

Supreme Court Voting Behavior: 2001 Term by Richard G. Wilkins, Scott Worthington, Adam Becker and Sara Becker

NOTES

Freedom of Speech and the Language of Architecture by Kevin G. Gill

Issue 4

ARTICLES

Admissions of a Director by Sarah C. Zearfoss

The Too-Many-Minorities and Racegoating Dynamics of the Anti-Affirmative-Action Position: From Bakke to Grutter and Beyond by Ronald Turner

Public School Assignment Methods After Grutter and Gratz: The View From San Francisco by David I. Levine

Constitutional Sunsetting?: Justice O'Connor's Closing Comments in Grutter by Vikram David Amar and Evan Caminker