Digital Commons Network^™

Unreasonable Differences: The Dispute Regarding The Application Of Terry Stops To Completed Misdemeanor Crimes, Nicholas R. Alioto

St. John's Law Review

No abstract provided.

Defining Primary Residence: Sometimes It Really Is As Simple As The Plain And Ordinary Meaning Of The Word, Justine V. Beyda

St. John's Law Review

No abstract provided.

In Search Of The Trade-Mark Cases: The Nascent Treaty Power And The Turbulent Origins Of Federal Trademark Law, Zvi S. Rosen

St. John's Law Review

No abstract provided.

Who Cares About The Counterfeiters? How The Fight Against Counterfeiting Has Become An In Remprocess, Steven N. Baker, Matthew Lee Fesak

St. John's Law Review

No abstract provided.

The Scarlet "N": Grandparent Visitation Statutes That Base Standing On Non-Intact Family Status Violate The Equal Protection Clause Of The Fourteenth Amendment, Karen J. Mcmullen

St. John's Law Review

No abstract provided.

You Got Served: Why An Excusable Neglect Standard Should Govern Extensions Of Service Time After Untimely Service Under Rule 4(M), Gregory M. Capone

St. John's Law Review

No abstract provided.

Grokster Not The "Spirit In The Sky" Innovators Long For: Uncertain Protection "Forever Young" Since The Birth Of Peer-To-Peer, Brad Polizzano

St. John's Law Review

No abstract provided.

Schematic Psychology And Criminal Responsibility, Anders Kaye

St. John's Law Review

No abstract provided.

Justice Is Hard, Let's Go Shopping! Trading Justice For Efficiency Under The New Aggregate Settlement Regime, Sybil L. Dunlop, Steven D. Maloney

St. John's Law Review

No abstract provided.

The New Face Of Implied Right To Sue Jurisprudence And The Sec's Best-Price Rule, Tom Gardner

St. John's Law Review

No abstract provided.

Forgetting Someone? New York's Permanency Legislation Of 2005 Fails To Address The Needs Of Juvenile Delinquents In Foster Care, Rose L. Amandola

St. John's Law Review

No abstract provided.

Making It A Federal Issue: The Unjustifiable Expansion Of Federal Common Law To Corporate Successor Liability Under Cercla, Stepahnie A. Rotter

St. John's Law Review

No abstract provided.

Protecting The Legal Interests Of Children When Shocking, Restraining, And Secluding Are The Means To And Educational End, Justin J. Farrell

St. John's Law Review

No abstract provided.

Client Interests And A Lawyer's Duty To Expedite Litigation: Does Model Rule 3.2 Impose Any Independent Obligations?, Ernest F. Lidge Iii

St. John's Law Review

No abstract provided.

What We Talk About When We Talk About Ideology: Judicial Politics Scholarship And Naïve Legal Realism, Brian D. Lammon

St. John's Law Review

No abstract provided.

Critique Of Money Judgment (Part Two: Liens On New York Personal Property), David Gray Carlson

St. John's Law Review

No abstract provided.

In Memoriam: Dean Mary C. Daly (1947–2008), Rev. Donald J. Harrington C.M., Dr. Julia Upton R.S.M., Andrew J. Simons, John Feerick, Elizabeth Rose Daly, Michael Simons, Rosemary Salomone, Bruce A. Green, Russell G. Pearce, Carole Silver, Laurel Terry

St. John's Law Review

No abstract provided.

Do Tila Rescission Rights "Survive" Refinancing? How The Housing And Economic Recovery Act Of 2008 Introduces New Solutions To An Old Problem, Stephen K. Wallant

St. John's Law Review

No abstract provided.

Personal Revival Trusts: If You Can't Take It With You, Can You Come Back To Get It?, Igor Levenberg

St. John's Law Review

No abstract provided.

Securities And Exchange Commission's Enhanced Disclosure And New Prospectus Delivery Option For Registered Mutual Funds, Sarah B. Zimmer

St. John's Law Review

No abstract provided.

Jenkins, The Public Concern Test, And The Need For Limiting Principles In Private Citizen Retaliation Claims, Laura Marino

St. John's Law Review

No abstract provided.

Apparently, "No Good Deed Goes Unpunished": The Earmarking Doctrine, Equitable Subrogation, And Inquiry Notice Are Necessary Protections When Refinancing Consumer Mortgages In An Uncertain Credit Market, Kevin M. Baum

St. John's Law Review

No abstract provided.

Finding Terrorists' Intent: Aligning Civil Antiterrorism Law With National Security, Christopher W. Robbins

St. John's Law Review

No abstract provided.

Safer Than The Mattress? Protecting Social Security Benefits From Bank Freezes And Garnishments, John Infranca

St. John's Law Review

No abstract provided.

Government As Patron Or Regulator In The Student Speech Cases, Josh Davis, Josh Rosenberg

St. John's Law Review

No abstract provided.

The People V. Their Legislature: Proposing The Use Of Rule 24 As A Tool To Regulate The "Tyranny Of The Majority" And Ensure The "True Will Of The People" Is Upheld, Adam Scotto

St. John's Law Review

(Excerpt)

This Note considers the outcome in a case where named state official defendants in a similar claim decline to defend the suit, and the sponsors of the initiative are not allowed to intervene. Federal courts are split on the issue of whether to allow intervention as a matter of right to a ballot sponsor under Federal Rule of Civil Procedure 24 (“Rule 24”), the rule governing intervention. The Ninth Circuit Court of Appeals has generally allowed such sponsors to intervene. On the other hand, the Sixth Circuit recently denied the proposed intervention of the sponsor of an anti-affirmative action …

How On Earth Can You Possibly "File" An Oral Complaint?: An Analysis Of The Boundaries Of § 215(A)(3) Of The Fair Labor Standards Act, Scott C. Ross

St. John's Law Review

(Excerpt)

This Note argues that it is necessary to find a balance between the liberal and strict approaches when interpreting the anti-retaliatory provision of the FLSA. Part I of this Note provides background on the FLSA, its retaliatory provision, and a proposed amendment to the retaliatory provision currently before the Senate and House of Representatives. Part II addresses the various arguments the courts of appeals consider to arrive at their conclusion on how to interpret § 215(a)(3), including abiding by the plain language, examining the purpose of the Act, and comparing it to similar anti-retaliation provisions. Though the language is …

Restricting Rico Under Fsia, John D. Corrigan

St. John's Law Review

(Excerpt)

This Note explores two competing interpretations: (1) that so long as the criminal act underlying the civil RICO suit falls within a FSIA exception, the sovereign may not raise immunity, and (2) that absent a grant of criminal jurisdiction, a foreign sovereign is not amenable to suit in a civil RICO claim. This Note asserts that the courts should find foreign sovereigns immune from civil RICO suits.

Exploring the two FSIA interpretations requires an understanding of both statutes. To better understand FSIA’s framework, Part I discusses the underlying theories of immunity that gave rise to its development, as well …

Tick Tock: When Does The Thirty-Day Clock In Rule 4003(B) Begin, Maeghan J. Mcloughlin

St. John's Law Review

(Excerpt)

This Note surveys the competing approaches to the thirty-day limitation and its impact on the rights of both debtors and creditors. It concludes with a proposed solution derived from the bright line approach but extends further to encompass the policies inherent in the Code. Part I provides a background of chapter 7 bankruptcy cases and the applicable Code and Rule provisions that facilitate the estate administration. Part II reviews the conflicting case law and differing interpretations regarding the conclusion of the 341 meeting of creditors. Part III examines the policies, interpretations, and equitable considerations underlying Rule 4003(b). Part III …

Hard Cases Make Good Law: The Intellectual History Of Prior Acquittal Sentencing, Claire Mccusker Murray

St. John's Law Review

(Excerpt)

This Article attempts to answer those questions both historically and theoretically. On a historical level, it traces the heretofore unexamined course of the congressional, judicial, and administrative actions leading from a pre-1970s sentencing regime that viewed any use of extra-trial evidence in sentencing as constitutionally suspect to the 1997 case that embraced prior acquittal sentencing as a foregone conclusion. On a more theoretical level, the Article traces the justification for prior acquittal sentencing to two doctrinal tensions: the differing goals of trials and sentencing and the semiotic gap between acquittal and innocence. As outside forces exerted pressure on those …