University of Southern California

Volume 80, Number 4 (May, 2007)

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    Remedies for California’s Death Row Deadlock
    Article by Judge Arthur L. Alarcón

    The unconscionable delay in the disposition of appeals and habeas corpus proceedings filed on behalf of California’s death row inmates continues to increase at an alarming rate. It is now almost double the national average. Procedural changes must be made to the manner in which death penalty judgments are reviewed to avoid imprisoning a death penalty inmate for decades before the condemned prisoner’s constitutional claims are finally resolved. This Article identifies the woeful inefficiencies...

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    Climate Change – The New “Superwhale” in the Room: International Whaling and Climate Change Politics – Too Much in Common?
    Article by Cinnamon Carlarne

    This Article explores parallels between the development of the international whaling and climate change regimes. It argues that the experiences of the International Whaling Commission (“IWC”) provide an instructive parable to the evolution and development of international environmental law regimes, where successful policies depend heavily on the interplay between science and policy – namely, global climate change. The Article aims to demonstrate the similarities between the historic path of whal...

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    A Political Process Theory of Judicial Review Under the Religion Clauses
    Note by Carlton Morse

    Few areas of constitutional law remain more captive to the subjective whims of judicial preference than the First Amendment’s religion clauses. This condition results in part from the Court’s notorious inability to agree on a uniform standard of review under either the Free Exercise or Establishment Clauses. This instability matters because, as Justice Scalia notes, “[w]hat distinguishes the rule of law from the dictatorship of a shifting Supreme Court majority is the absolutely indispensable re...

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    Abolishing the Pharmacist’s Veto: An Argument in Support of a Wrongful Conception Cause of Action Against Pharmacists Whose to Provide Emergency Contraception
    Note by Heather A. Weisser

    On August 24, 2006, after years of scientific research and politically charged debate, the U.S. Food and Drug Administration (“FDA”) approved an application for over-the-counter (“OTC”) status for Plan B, a type of emergency contraception (“EC”) previously available only by prescription. This FDA decision came more than two years after the agency’s much criticized denial of Plan B’s OTC application in 2004. The primary criticism of the 2004 denial was that it appeared reproductive politics were...

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