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Lost in Probation: Contrasting the Treatment of Probationary Search Agreements in California and Federal Courts

In the administration of a state or federal probation system, a criminal defendant who is placed on probation often signs a "consent-to-search" agreement. This agreement contains a clause in which the probationer consents to suspicionless, warrantless searches of his person and residence for the duration of his probationary term. Searches pursuant to these agreements have generated a number of...

Assimilation, Toleration, and the State's Interest in the Development of Religious Doctrine

Thirty-five years ago, in the context of a church-property dispute, Justice William Brennan observed that government interpretation of religious doctrine and judicial intervention in religious disputes are undesirable because, when "civil courts undertake to resolve [doctrinal] controversies .... the hazards are ever present of inhibiting the free development of religious doctrine and of...

Losing Liberties: Applying a Foreign Intelligence Model to Domestic Law Enforcement

Since the tragedy of September 11, the federal government's actions have resulted in a serious erosion of liberties. In expanding authority for electronic eavesdropping and in claiming unprecedented authority to detain individuals without due process, the government has taken powers that previously have been limited to foreign intelligence gathering and activities in foreign countries and has...

Legal Recognition of Same-Sex Conjugal Relationships: The 2003 California Domestic Partner Rights and Responsibilities Act in Comparative Civil Rights and Family Law Perspective

In 1999, California enacted legislation allowing same-sex couples to register with the State as domestic partners. Although the new legal status initially entailed few legal rights or obligations, incremental 2001 legislation granted some significant legal rights of marriage to registered domestic partners. In 2003, the legislature acted again, extending almost all the state law incidents of...

The Culture of Judicial Deference and the Problem of Supermax Prisons

Ever since the prison reform movement ended in the early 1980s, it has become increasingly difficult for inmates to challenge their conditions of confinement under the Eighth Amendment. Supreme Court rulings, statutes, and lower courts' conservative applications of precedent have worked together to create a culture of deference that constrains federal courts from intervening in prison affairs. At...

Protecting the Marketplace of Ideas: Access for Solicitors in Common Interest Communities

Over the past few decades, the number of Americans living in condominiums, master-planned communities, and other types of Common Interest Communities (CICs) has climbed to fifty million. In many of these communities, gates, leafleting bans, or no-solicitation rules prohibit solicitors from speaking or distributing written information to residents. In some, CIC governing boards reserve the...

Fiscal Federalism and Tax Progressivity: Should the Federal Income Tax Encourage State and Local Redistribution?

One of the central tenets of fiscal federalism is that redistributive policies should be undertaken by the most central level of government rather than state or local governments. This Article highlights and critically examines the ways in which the current federal deduction for state and local taxes (SALT) frustrates this goal. The federal SALT deduction, as presently designed, encourages state...

Codifying Copyright Comprehensibly

The UCLA Law Review has been proud to present Articles based on the annual tribute to Professor Melville B. Nimmer that takes place at the UCLA School of Law. The Review continues that tradition by publishing an Article by this year's presenter, Professor David Nimmer. In the form of a tribute to the author's father, the Article evaluates each provision of the Copyright Act of 1976 and each...