Digital Commons Network^™

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 …

The Electronic Document Retention System Ate My Homework: Gross Negligence And The Rebuttable Presumption Of Prejudice Within The Doctrine Of Spoliation In Federal Courts, Tristan Evans-Wilent

St. John's Law Review

(Excerpt)

This Note argues against imposing such a rebuttable presumption where the spoliating party acted with gross negligence. Part I provides a general background of the doctrine of spoliation and its application to electronic information. Part II examines the three different approaches taken by the federal circuits to whether gross negligence should trigger a rebuttable presumption that the spoliated evidence was prejudicial to the spoliating party. Finally, Part III argues that courts should not allow gross negligence to trigger a rebuttable presumption that the spoliated evidence was prejudicial to the spoliating party.

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 …

Unfair Practices And Practicing Attorneys: Should The Fair Debt Collection Practices Act Apply To Communications Between Debt Collectors And Debtors' Attorneys?, Yosefa A. Englard

St. John's Law Review

(Excerpt)

This Note proceeds in three parts. Part I discusses the history of the Act and Congress's intent behind its enactment. Part I also analyzes some of the Act's provisions relating to debt collectors. Part II examines in detail the three current approaches taken by the circuit courts for determining the applicability of the Act to communications between debt collectors and debtors' attorneys. Part III argues that none of the current approaches appropriately resolves the issue. Additionally, Part III proposes a simple two-step inquiry for courts to employ when attempting to resolve whether communications toward a debtor's attorney are actionable …

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.

From Peer-To-Peer Networks To Cloud Computing: How Technology Is Redefining Child Pornography Laws, Audrey Rogers

St. John's Law Review

(Excerpt)

This Article traces the history of the child pornography laws and sentencing policy in Part I. Part II explains the technologies that have caused some of the current controversies, and then Part III describes how these technologies have blurred the offenses. Finally, Part IV makes suggestions as to how the law could better reflect technology and comport with a refined harm rationale. Courts, legal scholars, and medical experts have explained the harm includes the sexual abuse captured in the images and the psychological injury the victim endures knowing the images are being viewed. This Article further develops the harm …

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 …

The Indefinite Quarantine: A Public Health Review Of Chronic Inconsistencies In Sexually Violent Predator Statutes, Isaac D. Buck

St. John's Law Review

(Excerpt)

This Article undertakes this public health review in five parts. Part I considers the general structure of SVP statutes, noting the reasoning behind the enactment and implementation of these statutes. Part II focuses the analysis on examples of three different types of SVP statutes' limiting criteria by considering SVP laws from New Jersey, Wisconsin, Virginia, and California. Part III compares the preventive detentions of SVP commitment and quarantine. Part IV applies quarantine principles to the SVP framework, and, after concluding that SVP statutes, as currently configured, do not sufficiently withstand this public health critique, Part V proposes solutions.

A Collective Good: Disability Diversity As A Value In Public Sector Collective Bargaining Agreements, Carrie Griffin Basas

St. John's Law Review

(Excerpt)

Part I of this Article explains why disability is a helpful lens and reviews the theoretical underpinnings of the roles of contracts, such as CBAs, in setting workplace dynamics and generating "informal laws." Part II describes the methodology used in this study of CBAs. Part III is a taxonomy of the models of disability-framing and workplace dynamics that the CBAs reflect. Part IV presents a new framework for envisioning how the corrective, civil rights vision of the Idealist model might transform workplaces for all workers-marginalized or empowered, public or private-and, therefore, transform labor and employment law. In other words, …

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.

Books Received, St. John's Law Review

St. John's Law Review

No abstract provided.

Handbook Of American Constitutional Law (Book Review), William Tapley

St. John's Law Review

No abstract provided.