University of Southern California

Volume 83, Number 6 (September, 2010)

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    Protecting Children(?): Marriage, Gender, and Assisted Reproductive Technology
    Article by Courtney G. Joslin

    The Supreme Court has declared that children should not be penalized based on the circumstances of their birth. In the context of assisted reproductive technology (“ART”), however, parentage provisions that apply only to children born to heterosexual married couples continue to be the rule rather than the exception. Many of the policymakers resisting the calls for reform have been influenced by the debate currently playing out in the same-sex marriage context regarding the causal connection (or...

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    How Many Fiduciary Duties Are There in Corporate Law?
    Article by Julian Velasco

    Historically, there existed two main fiduciary duties in corporate law, care and loyalty, and only violations of the duty of loyalty were likely to lead to liability. In the 1980s and 1990s, the Delaware Supreme Court breathed life into the duty of care, created a number of intermediate standards of review, elevated the duty of good faith to equal standing with care and loyalty, and announced a unified test for review of breaches of fiduciary duty. The law, which once seemed so straightforward,...

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    Beyond No-Man’s Land: Psychiatry’s Imprecision Revealed by Its Critique of SVP Statutes as Applied to Pedophilia
    Note by Jennifer Jason

    The field of psychiatry has identified a problem with the law, its source, and suggested a solution. The problem is “legislators . . . us[ing] psychiatric commitment [of sex offenders] to effect nonmedical societal ends.” The source is U.S. Supreme Court decisions allowing legislatures to use definitions of mental illness that have no basis in psychiatry: “As a consequence of U.S. Supreme Court decisions that are written ambiguously and tentatively, the bright line separating . . . [the legal co...

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    Rethinking Conditional Federal Grants and the Independent Constitutional Bar Test
    Note by Douglas A. Wick

    On a crisp January night, a SWAT team descends on a house in Pullman, Washington. Onlookers can only imagine what type of crime warrants such a response. Was it a hostage situation? Were they trying to subdue a psychotic killer? Maybe there was a violent drug cartel operating out of the house? No. On January 21, 2009, a SWAT team raided a Washington State University fraternity house because some college students may have been drinking alcoholic beverages before their twenty-first birthdays. T...

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