Digital Commons Network^™

Contracts--Anticipatory Repudiation--Not Applicable To Contracts For Payment Of Money Only (Indian River Corp. V. Mfg. Trust, 253 App. Div. 549 (1st Dept. 1938)), St. John's Law Review

St. John's Law Review

No abstract provided.

Constitutional Law--Right Of Freedom From Invasion In One's House--Police Power (Oriental Merchants Association V. Valentine, 167 Misc. 373 (1938)), St. John's Law Review

St. John's Law Review

No abstract provided.

Constitutional Law--Regulation Of Interstate Commerce In Food--Filled Milk Act (U.S. V. Carolene Food Products Co., 58 S. Ct. 778 (1938)), St. John's Law Review

St. John's Law Review

No abstract provided.

Constitutional Law--Freedom Of Worship--Salute To The Flag (People Ex Rel. Fish V. Sandstrom, 167 Misc. 436 (1938)), St. John's Law Review

St. John's Law Review

No abstract provided.

Constitutional Law--Freedom Of The Press--Fourteenth Amendment--Police Power (Lovell V. City Of Griffin, 303 U.S. 444 (1938)), St. John's Law Review

St. John's Law Review

No abstract provided.

Administrative Law--Quasi-Judicial Proceedings--Requirements Of A "Full Hearing" (Morgan V. U.S., 58 S. Ct. 773 (1938)), St. John's Law Review

St. John's Law Review

No abstract provided.

The Law Of Charitable Subscription, Hugh Peter Mullen

St. John's Law Review

No abstract provided.

Statutory Limitation For Fraud Actions, Benjamin Bartel

St. John's Law Review

No abstract provided.

The Extent Of A Husband's Obligation To Support His Wife, Raymond J. Margles

St. John's Law Review

No abstract provided.

Restrictive Covenants In New York, John L. Conners

St. John's Law Review

No abstract provided.

Circulation As An Essential Element Of A Free Press, Lawrence Jarret

St. John's Law Review

No abstract provided.

Federal Courts And Diversity Of Citizenship Jurisdiction, Edythe R. Ducker

St. John's Law Review

No abstract provided.

The Effect Of Insolvency On Equitable Relief, Ralph A. Newman

St. John's Law Review

No abstract provided.

Life Insurance Policies In Bankruptcy Proceedings, Max Schwartz

St. John's Law Review

No abstract provided.

It's Not Rape-Rape: Statutory Rape Classification Under The Armed Career Criminal Act, Norah M. Roth

St. John's Law Review

(Excerpt)

This Note argues that because statutory rape laws can be applied to a range of behaviors, some violent and some not, judges should look to the age of the victim in determining whether a past conviction qualifies as a violent felony for the purpose of sentence enhancement under the ACCA. Part I of this Note examines the legislative history and purpose of the ACCA and discusses Supreme Court precedent regarding violent felony classification under the ACCA's residual clause. Part II provides background on the current circuit split regarding the classification of statutory rape as a violent felony under the …

Restitution Devolution?, Bradley P. Reiss

St. John's Law Review

(Excerpt)

Part I of this Note traces the development of criminal restitution and child pornography law, placing the current federal statutory framework in its historical context. Part II surveys the cases that have dealt with the issue raised by Amy's restitution claims, and explains the wide range of approaches courts have taken. Part III argues that restitution is a poor fit for non-production child pornography offenses. This section first shows how victims' lawyers are misinterpreting the statute, and then moves into broader policy arguments in favor of disallowing restitution. Finally, Part IV of this Note proposes a victim compensation fund …

Guilty Until Proven Innocent: Clearing Massachusetts's Uncertain Road To Post-Conviction Dna Testing, Christian Van Buskirk

St. John's Law Review

(Excerpt)

This Note argues that the current procedures for obtaining DNA testing in Massachusetts are fundamentally inadequate, and should be modified to reflect the unique power of DNA testing. Part I of this Note explores the text of the Massachusetts post-conviction discovery statute, and discusses the procedures that the courts have created for its implementation. Part II explains the framework of a post-Osborne procedural due process claim for post-conviction DNA relief and the constitutional standards that the state procedures must satisfy. Finally, Part III applies that framework and argues that Massachusetts's court-created procedures are violative of due process because …

Sex Offender Treatment In Prisons And The Self-Incrimination Privilege: How Should Courts Approach Obligatory, Un-Immunized Admissions Of Guilt And The Risk Of Longer Incarceration?, Daniel R. Strecker

St. John's Law Review

(Excerpt)

Part I of this Note discusses the historical background of the Fifth Amendment privilege against self-incrimination and its contemporary meaning in American case law. Part II examines different approaches to the question of whether the sex offender treatment programs discussed here violate that privilege. Finally, Part III advances theories for determining the constitutionality of these programs, evaluates their merits, and ultimately argues that the McKune plurality's use of the "atypical and significant hardship" standard is the most functional and durable approach that any court has offered to resolve this troubling, muddled, and constitutionally multifaceted question.

Prosecuting Terrorists As Criminals And The Limits Of Extraterritorial Jurisdiction, Sara A. Solow

St. John's Law Review

(Excerpt)

The remainder of this Article is structured as follows. Part I discusses the United States government's current use of the Article III courts to combat global terrorism. First, it reviews data to show that there has been a whopping number of extraterritorial prosecutions for terrorism crimes brought since 9/11. Second, it surveys the case law to demonstrate that U.S. courts have failed to develop a due process test for assessing extra-jurisdictionality in those terrorism cases, and that this has been problematic because several cases have raised due process questions. Part II puts the discussion in Part I in context …

Marriage And The Religion Clauses, Elijah L. Milne

St. John's Law Review

(Excerpt)

While it is not the purpose of this Article to stoke the flames of controversy, this Article does attempt to explain and clarify a handful of narrow topics in the modern debate over same-sex marriage which concern the intersection of religion with marriage. Due to the vast array of issues involved in this debate, however, the topics addressed in this Article are only considered in the context of the Religion Clauses of the First Amendment to the United States Constitution. These topics include such things as the historical relationship of marriage and religion, the legality of defining marriage as …

The Mandatory Pretrial Release Provision Of The Adam Walsh Act Amendments: How "Mandatory" Is It, And Is It Constitutional?, Bryan Dearinger

St. John's Law Review

(Excerpt)

This Article analyzes each of those decisions and, by way of two hypothetical cases, addresses the applicability and constitutionality of the AWA Amendments. Part I examines the applicability of the "mandatory" pretrial release conditions of the AWA Amendments, concluding that the conditions are not as automatic as Congress may have wished. Part II sets forth a brief history of the Bail Reform Act and discusses the seminal constitutional attacks made upon its bail provisions, including those made in United States v. Salerno. Part III applies the lessons learned from Salerno and its progeny to the recent attacks on …

Adjudicating Classified Information, Alex Rossmiller

St. John's Law Review

(Excerpt)

Part I of this Article briefly examines the existing legal and conceptual frameworks that purport to manage protected information in the judicial system. It compares and contrasts the civil and criminal approaches, and it notes challenges to the existing processes and proposed changes from policymakers and scholars. Part I also discusses the questions and problems raised by potential changes-and even by the status quo. Part II explores secret information: its creation by individuals and agencies; its synthesis into "finished" intelligence; its various uses; and the challenges it poses for the legal process.

Part III offers three proposals for how …

The "Essential Facilities" Doctrine In The Sunlight: Stacking Patented Genetic Traits In Agriculture, Joseph M. Purcell Jr.

St. John's Law Review

(Excerpt)

The intersection between the fields of patent law and antitrust law has long been an area of controversy. One antitrust doctrine in particular is potentially important in the realm of synthetic genes: Under the essential facilities doctrine, "a monopolist has a duty to provide competitors with reasonable access to 'essential facilities,' facilities under the monopolist's control and without which one cannot effectively compete in a given market." Arguably, the Roundup Ready trait for soybeans is an essential facility to competition in the field of traits generally. This Note argues that the essential facilities doctrine should apply to synthetic gene …

National Organ Transplant Act's Ban On Bone Marrow Donation Compensation: Legal Compensation To Create A Life, But Not Save A Life, Mary G. Vitale

St. John's Law Review

(Excerpt)

Part I of this Note briefly discusses the background of NOTA and several recent scientific and legal developments in the field of bone marrow donation. Part II sets forth the policy and legal arguments for why the continued ban on bone marrow compensation is illogical, outdated, and possibly even unconstitutional. As this Note argues, bone marrow donation differs substantially from the donation of the other organs included in NOTA's phrasing. In light of recent advances in biomedical technology since the passage of the statute in 1984, making the continued inclusion of bone marrow in NOTA's definition arbitrary and unnecessary …

Copyright's Compilation Conundrum: Modernizing Statutory Damage Awards For The Digital Music Marketplace, Damias A. Wilson

St. John's Law Review

(Excerpt)

This Note argues that Congress should adopt an amendment to the Copyright Act that distinguishes between "collections" and "compilations" for the purpose of statutory damages. In order to avoid exacerbating the problem of already high statutory damages, the amendment should also clearly establish a three-tiered statutory-damage scheme that would cover innocent infringement, knowing infringement, and willful infringement for commercial advantage or private financial gain. Part I briefly traces the evolution of statutory damages for copyright infringement over the last hundred years. Part II analyzes the confusion surrounding the two opposing views that the federal courts currently take when interpreting …

Reverse Piercing Of The Corporate Veil: A Straightforward Path To Justice, Nicholas B. Allen

St. John's Law Review

(Excerpt)

This Note argues that while outside reverse piercing should not be the norm, there are instances when application of the doctrine is the only way to ensure justice. Because of the competing interests that reverse piercing implicates, this Note proposes that the doctrine be permitted against both legal and equitable owners, but only when traditional, less intrusive remedies are insufficient. Additionally, any innocent shareholders should be permitted a capital exemption prior to payment of the plaintiffs claim when that claim would liquidate the corporation's assets. Finally, dilemmas amongst creditors should be dealt with under preexisting priority laws. Part I …

Abusive: Dodd-Frank Section 1031 And The Continuing Struggle To Protect Consumers, Carey Alexander

St. John's Law Review

(Excerpt)

This Note first contextualizes the need for Section 1031 by examining the roots and shortcomings of existing consumer protection law embodied in unfairness, deception, and unconscionability doctrines. Part II chronicles the enactment of Section 1031, paying close attention to the Administration's proposed definitions for unfair, deceptive, and abusive practices, and Congress's replies. Part III applies the enacted definition of "abusive" to several widespread practices in the consumer credit market, and urges the CFPB to adopt a broad interpretation of the term as consistent with Congress's longstanding intent to protect consumers.

Retrospective Application Of The 2008 Amendments To New York's Adverse Possession Laws, Andriana Mavidis

St. John's Law Review

(Excerpt)

This Note argues that the new requirements imposed by New York's amended adverse possession statute are being unconstitutionally applied retrospectively to vested property rights, thereby divesting individuals of their property without just compensation. Part I outlines the history of adverse possession and the status of the law in New York today. Part II exposes the issues in applying the amended statutes by looking at how recent New York State Supreme Court and Appellate Division cases have interpreted section 9. Part III analyzes the issues raised by the retrospective application of the amended statute through statutory construction and a discussion …

Shady Grove, The Rules Enabling Act, And The Application Of State Summary Judgment Standards In Federal Diversity Cases, Matthew R. Lyon

St. John's Law Review

(Excerpt)

Part I of this Article briefly summarizes the relevant history of the Erie doctrine, including its origins in both the Rules of Decision Act and the Rules Enabling Act, and concludes with a discussion of Shady Grove, the latest landmark in the Supreme Court's Erie jurisprudence. Part II summarizes the summary judgment standards in federal and state courts, highlighting how certain state courts have distinguished their summary judgment rules from the interpretation of the federal rule set forth in Celotex. Part III argues that, based upon the controlling precedent from Justice Stevens's concurring opinion in Shady Grove …

Federalizing The Foreign Corporate Form, Sarah C. Haan

St. John's Law Review

(Excerpt)

In advocating federal entity law standards for foreign firms, this Article addresses the debate over the authority of the federal courts to fashion federal common law. It finds the restrictive theories that are currently popular with the legal academy insufficient here, where federal interests strongly outweigh state interests and where law has been judge-made by tradition and practical necessity. Only federal institutions have a full scope of lawmaking authority over entity law questions involving foreign firms because the Dormant Commerce Clause prohibits state law from distinguishing among entities chartered by different foreign governments, or between American and foreign firms. …