University of Southern California

Volume 75, Number 6 (September, 2002)

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    The Rehnquist Court, Structural Due Process, and Semisubstantive Constitutional Review
    Article by Dan T. Coenen

    In 1976, Professor Hans A. Linde published his pathbreaking paper, Due Process of Lawmaking. That article focused attention on a subject of subtlety and importance: To what extent should the processes by which laws are enacted affect their validity under seemingly substantive constitutional provisions like the First Amendment and the Equal Protection Clause? Anticipating a flurry of recent scholarship, Justice Linde took particular interest in whether the absence of legislative findings offered...

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    Using Legal Process to Fight Terrorism: Detentions, Military Commissions, International Tribunals, and the Rule of Law
    Article by Laura A. Dickinson

    In response to the September 11, 2001 terrorist attacks, the chorus of those arguing that international law cannot serve as an effective tool in the fight against terrorism has grown. In fact, one might say that September 11 has swelled the ranks of international relations realists, who view international law primarily as a cover for strategic interests and thereby as lacking any independent bite. According to this view, for the United States to comply with the letter of international law would...

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    A Haven for Hate: The Foreign and Domestic Implications of Protecting Internet Hate Speech Under the First Amendment
    Note by Peter J. Breckheimer

    The U.S. Constitution is unique even among democratic nations for the guarantees it grants to U.S. citizens. The interpretation of the Constitution further distinguishes American notions of freedom and liberty from every other country in the world. The Internet Age, however, has ushered in a period where national boundaries and guarantees are blurred among the many intersections of the World Wide Web. This uncertainty has raised serious questions relating to the fundamental rights and liberties...

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    Equality in the Workplace: Why Family Leave Does Not Work
    Note by Erin Gielow

    In 2001, more than thirty years after the passage of Title VII of the Civil Rights Act, women still have not achieved equality in the workplace. Many statistics emphasize the divide: Last year, 95% of all venture capital went to men; of the top 2,500 corporate executives in America, only sixty-three are women; only three Fortune 500 companies are headed by women; and Congress is 90% male. While many factors undoubtedly contribute to this disparity, one factor in particular stands out: Women a...


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