Digital Commons Network^™

Twenty-First Century Pillow-Talk: Applicability Of The Marital Communications Privilege To Electronic Mail, Mikah K. Thompson

Faculty Works

The marital privilege has two parts: the testimonial privilege and the communications privilege. Originally, the testimonial privilege prevented one spouse from testifying against another. According to the United States Supreme Court, spousal disqualification sprang from two canons of medieval jurisprudence: first, the rule that an accused was not permitted to testify in his own behalf because of his interest in the proceeding; second, the concept that husband and wife were one, and that since the woman had no recognized separate legal existence, the husband was that one. Thus, if a husband were not permitted to testify, then his wife, as …

Front Matter, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Table Of Contents, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Masthead, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Editor's Note, Marina Moriarty

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Litigating Land Use In Massachusetts: Defining Municipalities' Legitimate Use Of Rate Of Development Restrictions, Janelle M. Austin

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Dropping The K-Bomb: A Compendium Of Kangaroo Tales From American Judicial Opinions, Parker B. Potter Jr.

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Gestational Carrier Agreements: Massachusetts Recognition Of The Parties' Choice Of Laws, Michelle-Kim Lee

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Prosecuting Sham Marriage Under 18 U.S.C. Sec. 1546: Is Validity Of Marriage Material, Brian Thomas

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Jury Instructions, Not Problematic Expert Testimony, In Child Sexual Assault Cases, Marina Moriarty

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Good Intentions Are Not Enough: The Argument Against A Higher Standard Of Proof In Capital Cases, Brian Zuanich

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Civil Rights - State Prisoners May Challenge Constitutionality Of Parole Procedures Under 42 U.S.C. Sec. 1983 - Wilkinson V. Dotson, 125 S. Ct. 1242 (2005), Rachel Rod

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Working In The Best Interest Of Children: Facilitating The Collaboration Of Lawyers And Social Workers In Abuse And Neglect Cases, Mary Kay Kisthardt

Faculty Works

Working in the best interest of children in abuse and neglect cases is a daunting task for both lawyers and social workers. The legal system is inadequate to meet the myriad needs of children and families in crisis. Yet only under the authority of the legal system can social work and other mental health professions intervene in families on behalf of children. The juvenile court system has been buffeted historically by the competing values and methods of social work and law. The institution and its rules are still evolving today. This dynamic environment means that even if competition for "ownership" …

Putting The Guesswork Back Into Capital Sentencing, Sean O'Brien

Faculty Works

In 1972, in Furman v. Georgia, the Supreme Court deemed it "incontestable" that a death sentence is cruel and unusual if inflicted "by reason of [the defendant's] race, religion, wealth, social position, or class, or if it is imposed under a procedure that gives room for the play of such prejudices." Arbitrary and discriminatory patterns in capital sentencing moved the Court to strike down death penalty statutes that required judges or juries to cast thumbs-up or thumbs-down verdicts against offenders found guilty of capital crimes. The issue of innocence was barely a footnote in Furman; the Court's concerns focused on …

Blessed Are, Jason Martinez

Theses

On the surface this particular novel is a fairly simple one to explain. On the surface this novel is more or less a romance novel. After all, Book One is essentially about a man named Thomas Woods who meets and fall in love with a woman named Rosemary. At first his love is returned in kind, but by the end he has lost his lover to another man, a man unworthy of her tenderness. And Book Two is about more or less the same thing except in this Book the woman's name is Violet, and there is a slight question …

Confronting Conventional Thinking: The Heuristics Problem In Feminist Legal Theory, Nancy Levit

Faculty Works

The thesis of The Heuristics Problem is that the societal problems about which identity theorists are most concerned often spring from and are reinforced by thinking riddled with heuristic errors. This article first investigates the ways heuristic errors influence popular perceptions of feminist issues. Feminists and critical race theorists have explored the cognitive bias of stereotyping, but have not examined the ways probabilistic errors can have gendered consequences. Second, The Heuristics Problem traces some of the ways cognitive errors have influenced the development of laws relating to gender issues. It explores instances in judicial decisions in which courts commit heuristic …

Biotechnology's Prescription For Patent Reform, Christopher M. Holman

Faculty Works

On June 8, 2005, Congressman Lamar Smith introduced H.R. 2795, the Patent Reform Act of 2005, aimed at improving the quality and certainty of issued patents, simplifying the patent procurement process, harmonizing U.S. law with international practice, and reining in abusive patent enforcement practices. Congress has set the legislation aside for the time being, but will likely revisit the issue again shortly. The biotechnology industry, one of the fastest growing sectors in the United States economy, strongly opposes many of the proposed reforms. This paper considers the Congressional testimonies of the Biotechnology Industry Organization ("BIO") and other representatives of biotechnology's …

The Process Analysis And Critique Of The Digital Media Project "Cultivating Christian Minds And Character", Susan H. Maynor

Theses

This thesis will focus on the process analysis and critique of the digital media project, "Cultivating Christian Minds and Character," made for Westminster Christian Academy in the summer of 2005. It includes both the actual promotional video production and the written analysis.

Westminster Christian Academy, a non-denominational, private, Christian school in West County, produces a promotional video each year for the parents and for various other marketing needs throughout the school year. For the school year 2005-2006, the theme was cultivating Christian minds and character. Having been both a student and a teacher at this institution, it was an honor …

On Wings Of Hope, Volume 10, No. 1, 2006, Phadp, Esther Brown, Darrell Grayson, Jeff Rieber, Omar D., Michael Maxwell, Hannah Jackson, Jimmy Davis, Cora (No Last Name Given)

On Wings of Hope

January–March edition. Includes A Christian Perspective, whose authors are listed elsewhere in this archive.

Identity And Market For Loyalties Theories: The Case For Free Information Flow In Insurgent Iraq, Paul D. Callister

Faculty Works

When monopoly control over the flow of information is lost, the unavoidable consequence is destabilization. Information flow through a society can be understood as a market - not a market exchanging cash for goods, but loyalty for identity. Hence the market is called the Market for Loyalties - so labeled by an economics of information theory first developed by Prof. Monroe Price, of Cardozo Law School, and Director of the Howard M. Squadron Program in Law, Media and Society, to explain government regulation of radio, TV, cable and satellite broadcasting.

In post-invasion Iraq, Saddam Hussein lost or monopoly control over …

Do Reverse Payment Settlements Violate The Antitrust Laws, Christopher M. Holman

Faculty Works

The term "reverse payment" has been used as shorthand to characterize a variety of diverse agreements between patent owners and alleged infringers that involve a transfer of consideration from the patent owner to the alleged infringer. Reverse payment settlements are particularly associated with drug patent challenges mounted by generic drug companies under the Hatch-Waxman Act. Many, including the Federal Trade Commission, would characterize these agreements as antitrust violations. However, courts have generally declined to find these agreements in violation of the antitrust laws based solely on the presence of a reverse payment.

This article begins in Section II with an …

Unique Property: A Supplemental Annotated Bibliography, Nancy Levit

Faculty Works

This bibliography covers law review articles and supplemental A.L.R. entries published after 2002. For literature published from 1997-2002, see Nancy Levit & Robert RM. Verchick, Unique Property: An Annotated Bibliography, 18 J. Am. Acad. Matrim. Law. 589 (2004). A.L.R. entries, the titles of which are usually self-explanatory, are cited, but not annotated. Similarly, articles that concern only a single case or a single state are cited, but not annotated.

Title Page, Mc Law

MC Law Review

Title Page

Introduction To The Tulane Case Notes, Mc Law

MC Law Review

Comments

The Wakarusa Wave: An Essay On Life, Law, And Urban Kayaking, John W. Ragsdale Jr

Faculty Works

The Wakarusa River, a rather modest watercourse, emerges from confinement behind Clinton Dam, near Lawrence, Kansas, and flows dutifully eastward in a regularized, barren channel. Perhaps a half mile beyond the dam, the Wakarusa begins to reassert itself as a natural waterway; trees appear along the banks and the stream enters a shallow gorge. Midway down lies the Wakarusa Wave, described by some as "the best whitewater spot within 400 miles." At highwater, around 1000 c.f.s., there is a standing wave, a deep trough, and a high, foaming reflex wave, oscillating, and undulating in place over a bottom irregularity, which …

Re-Thinking Alimony: The Aaml's Considerations For Calculating Alimony, Spousal Support Or Maintenance, Mary Kay Kisthardt

Faculty Works

The mission of the American Academy of Matrimonial Lawyers is "to encourage the study, improve the practice, elevate the standards and advance the cause of matrimonial law, to the end that the welfare of the family and society be protected." The AAML Comission was charged to analyze, critically review and make recommendations consistent with the mission of the Academy. After considering all available sources of information the Commission concluded that there are two significant and related problems associated with the setting of spousal support. The first is a lack of consistency resulting in a perception of unfairness. From this flows …

The Elephant In The Room: Torture And The War On Terror, Michael P. Scharf, Rory T. Hood

Faculty Publications

Forward to the Case Western Reserve University School of Law "Torture and the War on Terror" symposium issue.

Rankings, Reductionism, And Responsibility , Frank Pasquale

Cleveland State Law Review

After discussing how search engines operate in Part I below, and setting forth a normative basis for regulation of their results in Part II, this piece proposes (in Part III) some minor, non-intrusive legal remedies for those who claim that they are harmed by search engine results. Such harms include unwanted high-ranking results relating to them, or exclusion from a page they claim it is their “due” to appear on. In the first case (deemed “inclusion harm”), I propose a right not to suppress the results, but merely to add an asterisk to the hyperlink directing web users to them, …

A Comment On Information Propertization And Its Legal Milieu, Margaret Jane Radin

Cleveland State Law Review

My main purpose in this essay is to urge that policy arguments about property in the digital environment take explicit cognizance of other policy considerations that tend to bound propertization: contractual ordering, competition, and freedom of expression. These policy considerations form the legal milieu in which propertization is situated.

Propertization Metaphors For Bargaining Power And Control Of The Self In The Information Age, Daniel D. Barnhizer

Cleveland State Law Review

This Article argues that the threatening consequences of this commodification and propertization of consumers' electronic selves represent only part of the picture. Information era technological developments provide more tools than ever available before by which consumers can place boundaries around their right to consent and exclude others from that arena. Thus, Internet-based contracting allows consumers to access a broad range of bargaining power inputs to protect their power to withhold consent. Instead of an amorphous, indefinable quality of contracting parties, bargaining power may now be characterized as a series of discrete inputs that can be identified, evaluated, exchanged and owned. …