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The Tyranny of Labels

The title of this Essay comes from a case decided in the Massachusetts Supreme Judicial Court that was appealed to the United States Supreme Court.  In Snyder v. Massachusetts, Massachusetts’ highest court held that preventing a criminal defendant from traveling with...

Constitutional Law—Foreign Affairs Power Preempts California Law: National Government to Resolve Holocaust-Era Insurance Claims—American Insurance Association v. Garamendi, 539 U.S. 396 (2003)

To ensure uniformity in dealing with foreign nations, the United States Constitution allocates responsibility for foreign affairs to the National Government.  Although states may enact legislation that touches on foreign relations, at some point state power must yield...

Family Law—California Supreme Court Affirms Constitutionality of Grandparent Visitation Statute Without Requiring Clear and Convincing Evidence—In re Marriage of Harris, 96 P.3d 141 (Cal. 2004)

The guarantee of substantive due process under the United States Constitution’s Fourteenth Amendment has long been held to protect parents’ fundamental interest in the care, custody, and control of their children.  The United States Supreme Court has nonetheless...