University of Southern California

Volume 79, Number 6 (September, 2006)

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    The Cul De Sac of Race Preference Discourse
    Article by Christopher A. Bracey

    Despite over a quarter century of affirmative action policy, public endorsement of the practice by leading American institutions, and validation by the United States Supreme Court, the relevance of race in university admissions and hiring decisions remains a persistent source of conflict. Disagreement, however, has not produced a particularly robust or constructive public dialogue on this issue. Indeed, public conversation regarding the appropriateness of race preferences remains mired in an unh...

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    Executive Federalism: Forging New Federalist Constraints on the Treaty Power
    Article by Duncan B. Hollis

    The treaty lives a double life. By day, it is a creature of international law, which sets forth extensive substantive and procedural rules by which the treaty must operate. When these rules prove susceptible to dispute – as is the case with treaty reservations, for example – international lawyers vigorously debate both how to clarify the rules and who has the authority to do so. By night, however, the treaty leads a more domestic life. In its domestic incarnation, the treaty is a creature of nat...

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    Laughter at the Court: The Supreme Court as a Source of Humor
    Article by Laura Krugman Ray

    The United States Supreme Court, with its black-robed justices and its marble columns, has long been regarded as the most formal and opaque branch of the federal government. While the president and the members of Congress have deliberately wooed the public with election campaigns that attempt to humanize the candidate, the justices have preferred to maintain the Court’s traditional aura of remote dignity by steadfastly refusing to televise its proceedings. Even the current willingness of some ju...

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    Pacifica is Dead. Long Live Pacifica: Formulating a New Argument Structure to Reserve Government Regulation of Indecent Broadcasts
    Note by Joshua B. Gordon

    At 9:00 PM on April 7, 2003, Fox Broadcasting (“Fox”) aired the penultimate episode of Married by America, a reality television show that allowed the public to select potential spouses for its contestants. Six minutes of the episode detailed the remaining two couples’ bachelor and bachelorette parties, during which strippers attempted to “lure participants into sexual activities.” Of the five million people who watched the broadcast, ninety complaints were filed with the Federal Communications C...

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    (Re)Constitutionalizing Confrontation: Reexamining Unavailability and the Value of Live Testimony
    Note by Raymond LaMagna

    The Sixth Amendment guarantees a criminal defendant the right “to be confronted with the witnesses against him.” Despite the sweeping tone of this declaration, the Confrontation Clause has been misunderstood, maligned, and misapplied by courts for the last century. At its core, confrontation reflects society’s notions of justice and procedural fairness. Confrontation developed under Roman law as a production requirement, unconnected to cross-examination. It was designed to ensure fair criminal...

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