Category: Volume 67, Issue 4

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Kate E. Bloch and Jeffrey Gould Volume 67, Issue 4, 913-56 Insanity law in the United States embodies a convoluted collection of often ill-defined standards. The wrongfulness test, which is used in most U.S. jurisdictions, requires a determination of whether the accused knew or had the substantial capacity to appreciate that the acts…

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Netta Barak-Corren Volume 67, Issue 4, 957-1022 What role should the behavioral reality of conflicts regarding gender, sexuality, and religious convictions play in the theory and doctrine of antidiscrimination law? Although the past several decades have seen broadening tension between traditional beliefs and legal and societal norms—the most recent manifestation being Obergefell v.…

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Sarah Sherman-Stokes Volume 67, Issue 4, 1023-66 In this Article, I examine the current regime for making mental competency determinations of mentally ill and incompetent noncitizen respondents in immigration court. In its present iteration, mental competency determinations in immigration court are made by immigration judges, most commonly without the benefit of any mental…

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Teneille R. Brown, James Tabery, and Lisa G. Aspinwall Volume 67, Issue 4, 1067-86 What makes a study valid or invalid? In 2013, the Hastings Law Journal published a law review article by law professor Deborah Denno entitled What Real-World Cases Tell Us About Genetic Evidence. This article questioned the validity of an…

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Taryn Jones Volume 67, Issue 4, 1087-118 In Williams v. Illinois, the division of the U.S. Supreme Court created substantial confusion as to the proper application of the Confrontation Clause to forensic witnesses. In the decision, the Court affirmed the conviction of the defendant, Sandy Williams, because the plurality and Justice Thomas, in…

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Michael J. Montgomery Volume 67, Issue 4, 1119-52 The U.S. health care system is expensive, fragmented, poorly organized, and fails too often to deliver high quality care that is both accessible and cost efficient. In 2014, Americans spent an estimated $3.1 trillion on health care, averaging $9695 per capita and accounting for 17.8%…

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Sarah M. Winfield Volume 67, Issue 4, 1153-80 After over a decade of advocacy on behalf of women fleeing their home countries because of horrific domestic violence, practitioners and legal scholars obtained a precedential legal victory in August 2014. In In re A-R-C-G-, the Board of Immigration Appeals recognized that domestic violence can…