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Articles 1 - 30 of 508
Full-Text Articles in Entire DC Network
Volume 77, Fall 2003, Number 4
Volume 77, Summer 2003, Number 3
Volume 77, Spring 2003, Number 2
Volume 77, Winter 2003, Number 1
Volume 76, Fall 2002, Number 4
Volume 76, Summer 2002, Number 3
Volume 76, Spring 2002, Number 2
Volume 76, Winter 2002, Number 1
Volume 75, Fall 2001, Number 4
Volume 75, Summer 2001, Number 3
Volume 75, Spring 2001, Number 2
Volume 75, Winter 2001, Number 1
Volume 74, Fall 2000, Number 4
Volume 74, Summer 2000, Number 3
Volume 74, Spring 2000, Number 2
Volume 74, Winter 2000, Number 1
Volume 73, Fall 1999, Number 4
Volume 73, Summer 1999, Number 3
Volume 73, Spring 1999, Number 2
The Ad Hoc Federal Crime Of Terrorism: Why Congress Needs To Amend The Statute To Adequately Address Domestic Extremism, Nathan Carpenter
The Ad Hoc Federal Crime Of Terrorism: Why Congress Needs To Amend The Statute To Adequately Address Domestic Extremism, Nathan Carpenter
St. John's Law Review
(Excerpt)
This Note argues that Congress should add such crimes to the list specified in the federal crime of terrorism statute and amend the statute’s intent requirement. This will allow the Department of Justice to more adequately use its resources to address the growing prevalence of hate groups, increase investigatory capabilities, and emphasize the threat posed by such groups. Part I explores the current federal crime of terrorism and analyzes how various terrorism-related cases are adjudicated. Part II introduces the prevailing threat of political extremists operating within the United States and shows that they should no longer be placed in …
Evaluating New York's Notice Of Claim Requirements: Why Naming Individual Municipal Employees Is Not Essential, Daniel Randazzo
Evaluating New York's Notice Of Claim Requirements: Why Naming Individual Municipal Employees Is Not Essential, Daniel Randazzo
St. John's Law Review
(Excerpt)
This Note argues that the approach adopted by the Fourth Department in Goodwin—that General Municipal Law § 50-e does not require the naming of individual municipal employees— is the correct approach in terms of the text of the statute and the purpose behind the statute, as well as policy and practical implications. This Note is comprised of four parts. Part I illustrates the importance of the notice of claim requirement and introduces the text of New York General Municipal Law § 50- e(2). Part II provides a synopsis of the case law on both sides of this issue, …
If It Is Broken, You Should Not Fix It: The Threat Fair Repair Legislation Poses To The Manufacturer And The Consumer, Marissa Macaneney
If It Is Broken, You Should Not Fix It: The Threat Fair Repair Legislation Poses To The Manufacturer And The Consumer, Marissa Macaneney
St. John's Law Review
(Excerpt)
This Note argues that fair repair legislation is not fair for manufacturers, and suggests that legislators look to a solution that has proved workable in an analogous context in the automobile repair industry. Part I outlines the history of the electronic device repair market and discusses the proposed state legislation. It concludes that federal copyright law is insufficient, current state proposals are flawed, and that a different solution is necessary. Part II will discuss alternate solutions in the automobile industry, legislation tailored to the agriculture industry, and recent concessions by a well-known manufacturer. Part III will propose a standardized …
Business And Commercial Litigation In Federal Courts (4th Ed.) Edited By Robert L. Haig, James M. Wicks
Business And Commercial Litigation In Federal Courts (4th Ed.) Edited By Robert L. Haig, James M. Wicks
St. John's Law Review
(Excerpt)
Four years ago, I reviewed Business and Commercial Litigation in Federal Courts (3d ed.), concluding then that notwithstanding the dwindling “brick-and-mortar,” traditional law libraries, this multi-volume treatise is a worthy tool in the arsenal of the business litigator. Well, now nineteen years after its inception, the treatise, Business and Commercial Litigation in Federal Courts (4th ed.) (“BCL”), is in its Fourth Edition, having added twenty-five new chapters leading to three more volumes. Is it still worth the shelf space? Unquestionably, this landmark treatise remains an essential guide for commercial litigators and in-house counsel alike. The addition of the new …
Tactful Inattention: Erving Goffman, Privacy In The Digital Age, And The Virtue Of Averting One's Eyes, Elizabeth De Armond
Tactful Inattention: Erving Goffman, Privacy In The Digital Age, And The Virtue Of Averting One's Eyes, Elizabeth De Armond
St. John's Law Review
(Excerpt)
This Article suggests that we would benefit if we would protect privacy by sometimes requiring tactful inattention by potential users rather than total secrecy by the target. That is, some legal privacy protections should stop emphasizing secrecy and instead emphasize the appropriate uses of personally identifiable and often sensitive information by gelling tactful inattention into legal standards. Culturally, such an expansion may be difficult, as we tend to a “finders-keepers” attitude towards data. However, given technology’s ability to dissolve routine barriers, if we require others to leave some information out of some equations, we may be able to retain …
The Crazy Maze Of Food Labeling And Food Claims Laws, Patrick Meyer
The Crazy Maze Of Food Labeling And Food Claims Laws, Patrick Meyer
St. John's Law Review
(Excerpt)
This Article critiques the role of the FDA in providing consumers with accurate and relevant food label information, identifies impediments in the pursuit of its mission, and offers solutions to those impediments.
Part I of this Article traces the history of U.S. food labeling and health claims laws. Current food laws and their regulation have developed over time. The first federal legislation was passed in the early 1900s. The food laws of today have certainly been influenced by past food laws, which were largely a reaction to societal events. A brief summary of the historical development of our nation’s …
Resolving The Conflict Between The Temporarily Unavailable Juror And New York's Mandatory 24-Hour Limit On The Separation Of Jurors During Deliberations, Michael Pasinkoff
Resolving The Conflict Between The Temporarily Unavailable Juror And New York's Mandatory 24-Hour Limit On The Separation Of Jurors During Deliberations, Michael Pasinkoff
St. John's Law Review
(Excerpt)
Allowing defendants to move for and obtain mistrials based upon a delay in resuming jury deliberations does nothing to render the process fairer or to protect any right of a defendant. Granting these applications in the absence of prejudice to a defendant wastes scarce and valuable judicial resources, requires the state to unnecessarily retry a case, and makes witnesses again take time from their lives to testify in court. Indeed, in many cases, a defendant is afforded a tactical advantage by forcing the state to retry the case. There are of course occasions when the law accepts conferring a …
Volume 92, Summer 2018, Number 2
Volume 73, Winter 1999, Number 1