For decades, legal scholars have debated the proper balance of parents’ rights and children’s rights in the child welfare system. This Article argues that the debate mistakenly privileges rights. Neither parents’ rights nor children’s rights serve...
The disparate impact theory long has been viewed as one of the most important and controversial developments in antidiscrimination law. In this Article, Professor Selmi assesses the theory’s legacy and challenges much of the conventional wisdom...
Research suggests that a serious sexual misrepresentation can spark an emotional firestorm in the deceived. But, as a matter of law, can this emotional firestorm be considered a reasonable heat of passion? In short, when may a killer assert the...
It is generally agreed that the role of trademark protection is to ensure that consumers can efficiently identify and purchase a particular company’s product. However, the scope of this protection is highly contested. The recent emergence and...
This Article narrates a sorely neglected legal history, that of the intersection between race, gender, and American citizenship through the first third of the twentieth century. It is a little known fact that marriage once functioned to exile U.S...
The Religious Land Use and Institutionalized Persons Act (RLUIPA) reflects a continuing struggle between Congress and the Supreme Court to define the scope of religious liberties guaranteed by the Free Exercise Clause of the First Amendment. RLUIPA...