University of Southern California

Volume 78, Number 5 (July, 2005)

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    The Deconstruction and Reconstruction of Habeas
    Article by Brian M. Hoffstadt

    Habeas is an anomaly in the law of federal courts. For decades now, state courts have solely and finally resolved federal issues with minimal federal superintendency. For nearly as long, however, the federal writ of habeas corpus has not adhered to this general paradigm and has been interpreted to permit federal courts to revisit anew federal issues litigated before state courts in the course of state criminal prosecutions. Indeed, the special treatment of habeas is so longstanding that it is a...

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    Judicial Deference to Agency Interpretation of Jurisdiction After Mead
    Note by Torrey A. Cope

    The pervasive influence of administrative governance is a defining feature of modern American life. Indeed, it is hard to find an aspect of daily life that is not regulated by one federal agency or another: the Department of Labor enforces labor laws; the Environmental Protection Agency (“EPA”) manages air and water quality; the Federal Energy Regulatory Commission (“FERC”) regulates electricity; the Food and Drug Administration (“FDA”) monitors the nation’s food supply and ensures the safety of...

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    Take My Likeness, Please: Threats to the Right of Publicity in Light of State Farm Mutual Automobile Insurance Co. v. Campbell
    Note by Hillel Michael Elkins

    Celebrities were recently deprived of a valuable asset. This time, however, the perpetrator was not an Internet hacker, a supermarket tabloid, or an unscrupulous business manager. It was the United States Supreme Court. Although State Farm Mutual Automobile Insurance Co. v. Campbell concerns the constitutionality of punitive damages, it may have the unintended effect of limiting celebrities’ nationwide rights of publicity. The right of publicity affords an individual an interest in the use of...

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    Conceptualizing the "Fat Tax": The Role of Food Taxes in Developed Economies
    Article by Jeff Strnad

    The powerful morbidity and mortality effects of diet combined with growing concern about the obesity "epidemic" have led public health scholars and public interest advocates to call for taxes on food. 3 The proposals fall into two different categories. First, there are "junk food taxes" on less nutritious foods such as soft drinks, candy, or snack foods. Second, there are more ambitious taxes that would apply to a much broader range of foods and food components....

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