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Ensuring Protection Of Juveniles' Rights: A Better Way Of Obtaining A Voluntary Miranda Waiver, Yekaterina Berkovich

St. John's Law Review

(Excerpt)

Part I provides background information about the evolution of judicial treatment of juveniles and the admissibility of confessions. Part II analyzes the different approaches applied by federal and state courts to determine whether a juvenile's waiver of rights was voluntary and examines the flaws in those approaches. Part III proposes a new approach to remedy the problems courts have faced with the existing approaches and to provide consistent outcomes at the federal level.

"Membership In A Particular Social Group": Why United States Courts Should Adopt The Disjunctive Approach Of The United Nations High Commissioner For Refugees, Hannah Mccuiston

St. John's Law Review

(Excerpt)

This Note calls for the adoption of the Guidelines on International Protection of the UNHCR in defining "membership in a particular social group" under the Refugee Act of 1980. Part I discusses the United States' obligations under the Convention and Protocol, and the process by which these obligations were incorporated into domestic law with the enactment of the Refugee Act of 1980. Part I also demonstrates how deviation from the United States' international obligations led to the circuit split. Part II outlines the views adopted by circuits on both sides of the split. Part III asserts that circuit courts …

Rule 55: Why Broadly Interpreting "Otherwise Defend" Protects A Diligent Party's Rights And Encourages An Orderly And Efficient Judicial System, Jessica Ruoff

St. John's Law Review

(Excerpt)

This Note argues that a uniform interpretation of "otherwise defend" is needed. Part I of this Note discusses the history and purpose of Rule 55, the procedure for entries of default and default judgment, and other alternatives to Rule 55 default judgments. Part II of this Note examines how the language "otherwise defend" has been interpreted differently by the federal circuit courts. Part III of this Note argues that the majority's broad interpretation of "otherwise defend" should be adopted as the uniform interpretation because it is supported by statutory interpretation and the underlying purpose of Rule 55.

Broader Is Better: How Courts Should Determine Whether Or Not An Allegation Of Fraud Falls Under The Preemption Provision Of The Securities Litigation Uniform Standards Act, Jennifer Rose Roeske

St. John's Law Review

(Excerpt)

This Note argues that the correct approach for interpreting the scope of SLUSA's preemption language is the "literalist" approach taken by the Sixth Circuit. Part I of this Note lays out the legal framework of the Reform Act of 1995, Congress's intent in enacting the legislation, and the unintended consequences that flowed from the PSLRA's heightened pleading requirements. Part I also discusses SLUSA, what led to its passage, and its preemption language. Additionally, it looks at the Supreme Court's interpretation of preemption statutes generally, as well as the Supreme Court's broad interpretation of SLUSA in Merrill Lynch, Pierce, Fenner …

No Country For Old Men?: The Non-Preclusive Effect Of The Age Discrimination In Employment Act On § 1983 Age Discrimination Claims, Lauren Tauro

St. John's Law Review

(Excerpt)

This Note argues that the ADEA should not be interpreted to preclude § 1983 constitutional claims for age discrimination in employment. Part I of this Note discusses the history and development of the statutory schemes that provide protection for employees against age discrimination in the workplace: § 1983 of the Civil Rights Act and the ADEA. Part II reviews relevant case law explaining the arguments for and against § 1983 preclusion to illustrate the interaction between § 1983 and the ADEA. Finally, Part III provides an equitable approach for courts to use to analyze § 1983 claims for age …

Reconciling The Sex Offender Registration Act And The Family Court Act: Why The New York Legislature Should Allow Consideration Of Prior Juvenile Delinquency Adjudications In Sora Risk Level Determinations, Samuel J. Bazian

St. John's Law Review

(Excerpt)

This Note argues that advisory boards should not be prevented from considering juvenile delinquency proceedings in determining an adult offender's risk level. While one of the FCA's goals is to protect children from the stigma associated with a criminal conviction, the harm caused by the blanket prohibition against disclosing an offender's juvenile delinquency history outweighs its benefits. That is, despite the legislature's mandate that a juvenile's records be kept confidential, it is nonetheless time to revisit that decision. As currently constituted, the FCA adversely affects the ability of officials to make appropriate recommendations for the safety of the community. …

Crimes Involving Moral Turpitude: In Search Of A Moral Approach To Immoral Crimes, Patrick J. Campbell

St. John's Law Review

(Excerpt)

This Note seeks to demonstrate that the term "moral turpitude" is sufficiently ambiguous to warrant judicial deference to the Attorney General's opinion in Silva-Trevino. Part I explains the origins of "crimes involving moral turpitude" as grounds for removal and inadmissibility, and how courts have historically defined which crimes fit within this category. Even though courts do not dispute the general definition of moral turpitude, this Note explains how legislation that centers on subjective issues like morality is inherently ambiguous. Part II explains the shortfalls of the approach derived from case law prior to Silva-Trevino, largely because of …

Fragmenting The Community: Immigration Enforcement And The Unintended Consequences Of Local Police Non-Cooperation Policies, Natashia Tidwell

St. John's Law Review

(Excerpt)

Part I traces the historical roots of the relationship between local police and federal immigration authorities, beginning with the changes in enforcement strategy precipitated by the September 11, 2001 attacks and leading up to the launch of S-Comm. The federal government's increased reliance on local police to supplement its internal enforcement efforts has raised several Tenth Amendment concerns as the states struggle to define the proper scope of their "inherent authority" to act in immigration matters, with officials in some so-called sanctuary cities insisting that their inherent authority to enforce federal immigration law is commensurate with the sovereign right …

Revival Or Revolution: U.S. Trust's Role In The Contracts Clause Circuit Split, Michael Cataldo

St. John's Law Review

(Excerpt)

This Note argues that U.S. Trust's Contracts Clause test created ambiguities that have spawned varying and conflicting approaches in the circuits. This Note also argues that U.S. Trust's failure to advance the Framers' original intent and departure from precedent has created the doctrinal disagreement that feeds the circuit split. Part I presents the history of the Contracts Clause from the Constitutional Convention up to the decision in U.S. Trust. Part II emphasizes the negative consequences of U.S. Trust's novel approach by detailing the varying approaches the circuits have taken in applying the ambiguous dual standards set out in …

Reexamining School Liability And The Viability Of A Special Relationship Claim In The Aftermath Of Deshaney V. Winnebago County Department Of Social Services, Anita Binayifaal

St. John's Law Review

(Excerpt)

This Note focuses on whether a school deprives a student of a constitutional due process right to bodily integrity and security and thus violates section 1983-when the school fails to adequately protect the student from harm. At the center of this discussion is the special relationship exception that DeShaney carved out. Part I briefly discusses the Fourteenth Amendment, due process, and section 1983 claims. It then examines the facts and holding of DeShaney, which have shaped the boundaries of school system liability.3 1 Part II discusses the majority approach taken by circuit courts in determining the proper duty …

Reading Poets, Joseph P. Tomain

St. John's Law Review

(Excerpt)

Quite simply, Joseph the lawyer, poet, and scholar has developed a jurisprudence of his own. Joseph's jurisprudence, however, and to the good, cannot be reduced to a single word like originalism, or even a label like liberal democratic-though he may be in fact. Rather, the resultant jurisprudence refracts off a multitude of ideas and attitudes contained within the book's various prose pieces. This Essay first describes the mechanics of The Game Changed and then identifies and briefly comments upon several of those ideas and attitudes that comprise Joseph's jurisprudence that go Into It.

Into The Amazon: Clarity And Transparency In Ftc Section 5 Merger Doctrine, Christina C. Ma

St. John's Law Review

(Excerpt)

Part I of this Article provides a description of the enforcement procedures available to the DOJ and the FTC and of the existing standards guiding enforcement. Part II discusses how agency settlements and greater court deference to the agencies has changed the landscape of merger enforcement, raising transparency and accountability concerns. These concerns are magnified within the FTC because of its administrative proceeding and section 5 powers, ultimately providing the FTC with greater opportunity to shape merger law. Despite the expansive discretion available to the FTC, section 5 case law is sparse. Part III tracks early attempts to broaden …

Cases On Federal Jurisdiction And Procedure (Book Review), Frederick A. Whitney

St. John's Law Review

No abstract provided.

Handbook On The Conflict Of Laws (Book Review), N. William Welling

St. John's Law Review

No abstract provided.

Cases On Code Pleading (Book Review), James B. M. Mcnally

St. John's Law Review

No abstract provided.

Cases On Federal Taxation (Book Review), Maurice Finkelstein

St. John's Law Review

No abstract provided.

Banks And Banking--Principal And Agent (Cahan V. Empire Trust Co., 9 F.2d 713 (2nd Cir. 1926)), St. John's Law Review

St. John's Law Review

No abstract provided.

Injunctions--Strikes In Interstate Commerce (Bedford Cut Stone Co. V. Journeymen Stone Cutters' Asso. Of North America, 71 L.Ed. 581 (1927)), St. John's Law Review

St. John's Law Review

No abstract provided.

Constitutional Law (Tyson V. Banton, 47 S.Ct. 426 (1927)), St. John's Law Review

St. John's Law Review

No abstract provided.

Criminal Law--Larceny (People V. Noblett, 244 N.Y. 355 (1927)), St. John's Law Review

St. John's Law Review

No abstract provided.

Equity--Oral Agreement To Buy Property And Hold For Mortgagor (Tchula Commercial Co. Et Al. V. Jackson, 111 S. 874 (Miss. 1927)), St. John's Law Review

St. John's Law Review

No abstract provided.

Parent And Child--Negligence (Wick V. Wick, 212 N.W. 787 (Wisc. 1927)), St. John's Law Review

St. John's Law Review

No abstract provided.

Criminal Law--Homicide--Intoxication As A Defense (People V. Koerber, 244 N.Y. 147 (1926)), St. John's Law Review

St. John's Law Review

No abstract provided.

Federal Courts--Comity (Andrus V. Hutchinson, 17 F.2d 472 (5th Cir. 1927)), St. John's Law Review

St. John's Law Review

No abstract provided.

Dower In Equitable Estates, St. John's Law Review

St. John's Law Review

No abstract provided.

Further Development Of The Doctrine Of Duplex V. Deering, St. John's Law Review

St. John's Law Review

No abstract provided.

Larceny Generically, And The Office Of A Bill Of Particulars In Respect To An Indictment, St. John's Law Review

St. John's Law Review

No abstract provided.

The Constitutionality Of Asexualization Legislation In The United States, Jacob Broches Aronoff

St. John's Law Review

No abstract provided.

Declaratory Judgments In New York, Louis S. Posner

St. John's Law Review

No abstract provided.

Credit Bureau Functions Of Trade Associations: The Legal Aspects, David L. Podell, Benjamin S. Kirsh

St. John's Law Review

No abstract provided.