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21 Temp. Pol. & Civ. Rts. L. Rev. [i] (2011-2012)

handle is hein.journals/tempcr21 and id is 1 raw text is: TEMPLE POLITICAL & CIVIL RIGHTS LAW REVIEW Copyright @ 2011 by the Temple Political & Civil Rights Law Review INDEPENDENCE HALL Volume 21 Fall 2011 Number 1 Articles Mandatory Mitigation: An Eighth Amendment Mandate to Require Presentation of Mitigation Evidence, Even When the Sentencing Trial Defendant Wishes to Die .................. ...... Jules Epstein 1 The Broad Jurisprudential Significance of Sosa v. Alvarez-Machain: An Honest Assessment of the Role of Federal Judges and Why Customary International Law Can Be More Effective than Constitutional Law for Redressing Serious Abuses .............Penny M. Venetis 41 Guarding the Schoolhouse Gate: Protecting the Educational Rights of Children in Foster Care ....... Amy Reichbach 101 and Marlies Spanjaard The Civic Underpinnings of Legal Change: Gay Rights, Abortion, and Gun Control........... Palma Joy Strand 117 Women's Wrongs, Religions' Rights: Women, Free Exercise, and Establishment in American Law...... Marie Ashe 163 Notes & Comments Give Me Your Tired, Your Poor, Your Legal: Why Efforts to Repeal Birthright Citizenship Are Unconstitutional and Un-American ....... 215 The Appropriate Use and Enjoyment of National Parks: Personal Watercraft and the Organic Act of 1916's Enjoyment Mandate .... 245 A Decade Since 9/11: Religious Land Use Discrimination and the Continued Need for Protective Judicial Mechanisms Under RLUIPA.. .......................................... 275

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