University of Southern California

Volume 87, Number 6 (September, 2014)

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    "The Dustbin of Quackery"? Senate Bill 1172 and the Legal Implications of Banning Reparative Therapy for Homosexual Minors
    Note by Marlena McMurchie

    On September 30, 2012, California became the first state in the nation to place restrictions on the practice of attempting to change an individual’s sexual orientation. The passage of this landmark legislation, known as Senate Bill (“SB”) 1172, set off a firestorm of protest, with multiple lawsuits being filed within twenty-four hours of the bill’s passage. Though the issue of SB 1172’s validity has been decided by the Ninth Circuit, which upheld the law in August 2013, other states are consider...

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    The Right to a Complete Defense: A Special Brady Rule in Capital Cases
    Note by Scott Hardy

    In 1980, twenty-one-year-old Delma Banks, Jr. was convicted of murdering sixteen-year-old Richard Whitehead outside of Nash, Texas and was sentenced to death for his crime. During the penalty phase of Banks’s trial, the question that would determine whether Banks was eligible for a death sentence was whether a probability existed that he would commit other violent crimes and continue to pose a threat to society if allowed to live. Robert Farr was an essential witness for the prosecution on this...

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    Letting Congress Vote: Judicial Review of Arbitrary Legislative Inaction
    Article by Michael J. Teter

    Our constitutional jurisprudence is in large measure built around the concept of guarding against arbitrary governmental action. But in an age of increasing legislative dysfunction, a more pronounced threat may be arbitrary congressional inaction. Individual members of Congress block majorities from voting on key legislation, and a single senator may prevent votes on executive and judicial branch nominations through the use of holds and other tactics. This form of congressional inaction not only...

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    Shareholder Voting in an Age of Intermediary Capitalism
    Article by Paul H. Edelman, Randall S. Thomas & Robert B. Thompson

    Shareholder voting, once given up for dead as “a vestige or ritual of little practical importance,” has come roaring back as a key part of American corporate governance. Where once voting was limited to uncontested annual election of directors, it is now common to see short slate proxy contests, board declassification proposals, and “Say on Pay” votes occurring at public companies. The surge in the importance of shareholder voting has caused increased conflict between shareholders and directors,...

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