Digital Commons Network^™

Felony Disenfranchisement In Florida: Past, Present, And Future, Allison J. Riggs

Journal of Civil Rights and Economic Development

No abstract provided.

The Need To Resurrect Section 5 Of The Voting Rights Act Of 1965, Keesha M. Middlemass

Journal of Civil Rights and Economic Development

No abstract provided.

Race, Class, And Structural Discrimination: On Vulnerability Within The Political Process, Atiba R. Ellis

Journal of Civil Rights and Economic Development

No abstract provided.

Who Bails? A Multivariate Analysis Of Bailouts Under Section 4 Of The Voting Rights Act, David Blanding, Shane Grannum

Journal of Civil Rights and Economic Development

No abstract provided.

Prologue, Pamela J. Meanes

Journal of Civil Rights and Economic Development

No abstract provided.

Volume 28, Summer 2015, Issue 1

Journal of Civil Rights and Economic Development

No abstract provided.

The Need For Speed And Judicial Notice: New York's Admissibility Of Lidar Technology In Law Enforcement, John D. Chillemi

St. John's Law Review

(Excerpt)

Focusing at the state level, this Note proposes to establish uniformity within New York State by means of judicial notice or legislative action. Part I provides a history, background, and the development of LIDAR, commencing with its predecessor, radar. It discusses LIDAR’s technical workings and the importance of its current usage to law enforcement. Part I also compares LIDAR to radar, which is nationally accepted. Part II explores New York’s adherence to the admissibility standard set forth in Frye v. United States, and shows how New York’s lower courts have been approaching the issue by analyzing several court …

Protecting The Consumer: Ensuring Uniformity In The Federal Courts When Named Plaintiffs Assert Claims Against Unpurchased Products, Michael G. Lewis

St. John's Law Review

(Excerpt)

This Note determines that whether a named plaintiff has standing to assert claims relating to unpurchased products is a question of class standing and is therefore a question for the Rule 23 class certification stage of litigation. However, in certain situations, a named plaintiff’s claims against unpurchased products should not survive a defendant’s motion to dismiss. Accordingly, this Note proposes a test to determine when the claim should survive. At the motion to dismiss stage of litigation, a named consumer protection class action plaintiff’s claims relating to products purchased by unnamed members of the putative class should survive defendant’s …

Bringing More Finality To Finality: Conditional Consent Judgments And Appellate Review, Thomas A. Engelhardt

St. John's Law Review

(Excerpt)

Part I provides background on finality, including an overview of the final judgment rule and other statutory grants of appellate jurisdiction. Part I then discusses consent judgments, including conditional consent judgments. Part II examines the circuit splits with respect to issues of finality and the appealability of consent judgments that reserve a right to appeal. Part III presents arguments for and against strict interpretation and application of the finality requirement regarding consent judgments. Part IV argues for resolving the controversy by adopting a standard by which appellate courts uniformly recognize a consent judgment’s reservation of a right to appeal …

Can You Understand This Message? An Examination Of Hurley V. Irish-American Gay, Lesbian & Bisexual Group Of Boston's Impact On Spence V. Washington, Sandy Tomasik

St. John's Law Review

(Excerpt)

This Note analyzes the effect that Hurley had on the Spence factors and suggests that the particularized requirement has been lowered. This is the best approach to encouraging speech while balancing other important interests. Part I discusses the development of the freedom of speech, from protecting the spoken and written word to protecting expressive conduct. Part II outlines the different approaches taken by the circuit courts in deciding whether conduct is protected as speech and, in particular, what effect Hurley had on Spence. Part III critically analyzes each of these approaches and concludes that the Eleventh Circuit’s approach …

Double Damages Or Nothing: Whether Medicare Advantage Organizations Have A Private Cause Of Action Under The Medicare Secondary Payer Act, Jennifer A. Prevete

St. John's Law Review

(Excerpt)

Part I of this Note outlines the history and purpose of the Medicare statute, Medicare Advantage, and the MSP Act. The MSP Act dictates that insured individuals pursue coverage from “primary plans” while Medicare makes conditional payments with the agreement that the primary plans will reimburse the costs. Part II provides the MSP Act’s spectrum of interpretations and why the United States Circuit Courts of Appeals have read the private cause of action with varying expansiveness. Part III concludes that the private cause of action should not be extended to MAOs, asserting that the extension ultimately results in harm …

Breaking Bad Science: Due Process As A Vehicle For Postconviction Relief When Convictions Are Based On Unreliable Scientific Evidence, Vincent P. Iannece

St. John's Law Review

(Excerpt)

This Note argues that due process requires a new trial when scientific evidence necessary to the conviction becomes so unreliable as to call the validity of the jury’s verdict into question. Part I of this Note discusses how scientific evidence is admitted, the procedure for a convicted defendant’s postconviction relief once that evidence is deemed unreliable, and the constitutional protections that a convicted defendant is afforded under the Due Process Clause of the Fourteenth Amendment. Part II of this Note examines the divide among appellate courts as to whether the Due Process Clause requires a new trial when a …

Culture Shifting At Warp Speed: How The Law, Public Engagement, And Will & Grace Led To Social Change For Lgbt People, Stacey L. Sobel

St. John's Law Review

(Excerpt)

This Article concludes that in order for culture shifting to occur, there has to be active engagement in advocacy on multiple fronts. The pace of cultural change would have been significantly slower if advocates had not pursued litigation, legislation, and public engagement strategies. Rule shifting and culture shifting would also have occurred more slowly but for the vigorous efforts of LGBT equality opponents. The competing advocacy efforts on both sides of LGBT issues have resulted in lawsuits and laws limiting the rights of the LGBT community in some instances and granting rights in others. These advocacy efforts created a …

Exclusionary Conduct In Antitrust, Elyse Dorsey, Jonathan M. Jacobson

St. John's Law Review

(Excerpt)

American society has a long history of encouraging competition and a long history of abhorring monopoly. Often those two goals are complementary, but not always. What happens if a company competes so aggressively that it wipes out its competitors and gets a monopoly? Is that good or bad? The easy answer is that normal competition is fine, but unfair or predatory competition is not. But that easy answer is not particularly helpful. It is often very hard to distinguish the good from the bad. Low prices are good, right? But what if they are below cost so that rivals …

The Justice Element Of Promissory Estoppel, Orit Gan

St. John's Law Review

(Excerpt)

The contribution of this Article is threefold. First, it critiques the current case law for ignoring and neglecting the justice element of promissory estoppel. This goes against the specific wording of section 90 of the Restatement (Second) of Contracts and also against promissory estoppel’s rationale and purpose. Contrary to this approach, this Article suggests a robust justice element based on a theory of distributive justice.

Second, a more robust justice element will make the doctrine of promissory estoppel more meaningful. This will result in better protecting reliance, furthering trust and cooperation among parties, empowering disadvantaged parties, and making the …

Grounding Land Reform: Toward A Market-Compatible Approach To Land Reform, Shelley Cavalieri

St. John's Law Review

(Excerpt)

This Article begins the project of constructing a unified account of land reform. This model consists of two central aspects. First, it articulates a set of goals, both practical and expressive, that redistributive land reform efforts can forward. Second, it offers a pragmatic theory of land reform, one that simultaneously achieves the progressive, poverty-eradication goals of land reform proponents and satisfies neoliberal demand for stable land markets. In this regard, the project offers a fresh way of thinking of the intractable conflict in land reform policy: how to redistribute land without destabilizing the nation. In addressing this problem, the …

Volume 89, Spring 2015, Number 1

St. John's Law Review

No abstract provided.

Youth Matters: The Need To Treat Children Like Children, Vincent M. Southerland

Journal of Civil Rights and Economic Development

No abstract provided.

Dr. Panopticon, Or, How I Learned To Stop Worrying And Love The Drone, Caren Myers Morrison

Journal of Civil Rights and Economic Development

No abstract provided.

The Fourth Amendment And Surveillance In A Digital World, Arthur Leavens

Journal of Civil Rights and Economic Development

No abstract provided.

Emancipate The Flsa: Transform The Harsh Economic Reality Of Working Inmates, Patrice A. Fulcher

Journal of Civil Rights and Economic Development

No abstract provided.

Shining A Light: The Need For Independent Oversight In Juvenile Justice Facilities And Reform Of The Prison Litigation Reform Act, Christine Bella

Journal of Civil Rights and Economic Development

No abstract provided.

Reintegrating Citizens: Felon Enfranchisement, Realignment, And The California Constitution, Hadar Aviram, Jessica L. Willis

Journal of Civil Rights and Economic Development

No abstract provided.

Volume 27, Winter 2015, Issue 4

Journal of Civil Rights and Economic Development

No abstract provided.

Fixation: An Obsessive Or Unhealthy Preoccupation Or Attachment, Katherine L. Vaughns

Journal of Civil Rights and Economic Development

No abstract provided.

Making Civil Immigration Detention "Civil," And Examining The Emerging U.S. Civil Detention Paradigm, Mark Noferi

Journal of Civil Rights and Economic Development

No abstract provided.

Crossing The Border Through Immigration, Importation, Illicit And Other Means And The Implications For Human And Civil Rights, Anna Williams Shavers

Journal of Civil Rights and Economic Development

No abstract provided.

Ignoring The Lessons Of History: How The "Open Borders" Myth Led To Repeated Patterns In State And Local Immigration Control, Michelle R. Slack

Journal of Civil Rights and Economic Development

No abstract provided.

Weighing The Constitutionality Of State Immigration Verification Laws In The Wake Of Arizona V. United States, Patrick J. Charles

Journal of Civil Rights and Economic Development

No abstract provided.

St. John's University School Of Law - 2013 An Introduction To The Symposium, Alina Camacho-Gingerich

Journal of Civil Rights and Economic Development

No abstract provided.