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The Statutory Implications Of The Public's Right To View Executions: A State By State Analysis, Kate Esther Rapp Jan 2015

The Statutory Implications Of The Public's Right To View Executions: A State By State Analysis, Kate Esther Rapp

MC Law Review

No abstract provided.

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Do Biotech Patent Lawsuits Really “Overwhelmingly Lose?”: A Response To Our Divided Patent System, Christopher M. Holman Jan 2015

Do Biotech Patent Lawsuits Really “Overwhelmingly Lose?”: A Response To Our Divided Patent System, Christopher M. Holman

Faculty Works

On October 14, 2014, Stanford’s Professor Mark Lemley tweeted “My new study with Allison & Schwartz shows that software and biotech patent lawsuits overwhelmingly lose.” He was referring to an article entitled Our Divided Patent System, co-authored by Lemley and two other prominent law professors. Taken at face value, the assertion that “biotech patent lawsuits overwhelmingly lose” would seem to hold troubling implications for biotechnology. In order to better understand the basis for Lemley’s assertion, I reanalyzed the underlying data and found that the situation is not nearly as bleak as his tweet might suggest. My significantly different interpretation of …

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Corporate Law - Clash Of The Concepts: When Fiduciary Duties Overcome Shareholder Agreement In Closely Held Corporations - Selmark Assocs., Inc. V. Ehrlich, 5 N.E.3d 923 (Mass. 2014), Miniard Culepepper Jr. Jan 2015

Corporate Law - Clash Of The Concepts: When Fiduciary Duties Overcome Shareholder Agreement In Closely Held Corporations - Selmark Assocs., Inc. V. Ehrlich, 5 N.E.3d 923 (Mass. 2014), Miniard Culepepper Jr.

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

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Constitutional Law - Police Interrogation Techniques And When To Determine How Much Is Too Much - United States V. Jacques, 744 F.3d 804 (1st Cir. 2014), Anjali M. Chhatre Jan 2015

Constitutional Law - Police Interrogation Techniques And When To Determine How Much Is Too Much - United States V. Jacques, 744 F.3d 804 (1st Cir. 2014), Anjali M. Chhatre

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

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Riders On The Storm: An Analysis Of Credit Card Fraud Cases, Ioana Vasiu, Lucian Vasiu Jan 2015

Riders On The Storm: An Analysis Of Credit Card Fraud Cases, Ioana Vasiu, Lucian Vasiu

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

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Dead Money: A Posthumously Conceived Child's Inheritance Rights Under The Social Security Act & State Intestacy Law, Heather Lacount Jan 2015

Dead Money: A Posthumously Conceived Child's Inheritance Rights Under The Social Security Act & State Intestacy Law, Heather Lacount

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

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Note - Not Everything That Glitters Is Gold, Misclassification Of Employees: The Blurred Line Between Independent Contractors And Employees Under The Major Classification Tests, Julien M. Mundele Jan 2015

Note - Not Everything That Glitters Is Gold, Misclassification Of Employees: The Blurred Line Between Independent Contractors And Employees Under The Major Classification Tests, Julien M. Mundele

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

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Crimes Involving Moral Turpitude: Determining Authority Towards A Strictly Categorical Approach And Demonstrating Potential Plea Bargain Implications, Julia Myers Jan 2015

Crimes Involving Moral Turpitude: Determining Authority Towards A Strictly Categorical Approach And Demonstrating Potential Plea Bargain Implications, Julia Myers

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

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Criminal Law - When Upskirting Was Not Illegal: A Court Ordered Legislative Fix - Commonwealth V. Robertson, 5 N.E.3d 522 (Mass. 2014), Joana L. Stathi Jan 2015

Criminal Law - When Upskirting Was Not Illegal: A Court Ordered Legislative Fix - Commonwealth V. Robertson, 5 N.E.3d 522 (Mass. 2014), Joana L. Stathi

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

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Constitutional Law - Opening The Doggy Door For Animal Rights And Other Issues Under The Emergency Aid Exception - Commonwealth V. Duncan, 7 N.E.3d 469 (Mass. 2014), Kassandra C. Tat Jan 2015

Constitutional Law - Opening The Doggy Door For Animal Rights And Other Issues Under The Emergency Aid Exception - Commonwealth V. Duncan, 7 N.E.3d 469 (Mass. 2014), Kassandra C. Tat

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

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Lose The Battle, Win The War: The Use, Dangers, And Problems Surrounding Rules 806 And 608(B), And How They Can Be Fixed, Gregory J. Gianoni Jan 2015

Lose The Battle, Win The War: The Use, Dangers, And Problems Surrounding Rules 806 And 608(B), And How They Can Be Fixed, Gregory J. Gianoni

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

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A Patriotic Playground: Reexamining The Constitutionality Of The Daily Recitation Of The Pledge Of Allegiance In Public Schools, Carlie S. Seigal Jan 2015

A Patriotic Playground: Reexamining The Constitutionality Of The Daily Recitation Of The Pledge Of Allegiance In Public Schools, Carlie S. Seigal

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

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The Quintessential Political Problem: Current Conditions Justifying Current Burdens And The Modern Shift In Election Law Scrutiny, Joseph P. Mccarthy Jan 2015

The Quintessential Political Problem: Current Conditions Justifying Current Burdens And The Modern Shift In Election Law Scrutiny, Joseph P. Mccarthy

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

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A New Era In Juvenile Justice: Expanding The Scope Of Juvenile Protections Through Neuropsychology, Scott Lenahan Jan 2015

A New Era In Juvenile Justice: Expanding The Scope Of Juvenile Protections Through Neuropsychology, Scott Lenahan

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

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A Digital Albatross': Navigating The Legal Framework Of Domestic Police Drone Technology Versus Privacy Rights In Massachusetts And Beyond, Gregory J. Galizio Jan 2015

A Digital Albatross': Navigating The Legal Framework Of Domestic Police Drone Technology Versus Privacy Rights In Massachusetts And Beyond, Gregory J. Galizio

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

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Bankruptcy- Is It Over Even Though No One Is Singing: Determining Finality In Bankruptcy Appeals- Bullard V. Hyde Park Sav. Bank (In Re Bullard), 752 F.3d 483 (1st Cir. 2014), Corey W. Silva Jan 2015

Bankruptcy- Is It Over Even Though No One Is Singing: Determining Finality In Bankruptcy Appeals- Bullard V. Hyde Park Sav. Bank (In Re Bullard), 752 F.3d 483 (1st Cir. 2014), Corey W. Silva

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

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Constitutional Law-First Circuit Court Of Appeals Upholds A Citizen's Right To Film A Police Officer During A Traffic Stop Absent A Reasonable Restriction-Gericke V. Begin, 753 F.3d 1 (1st Cir. 2014), John J. Ryan Jan 2015

Constitutional Law-First Circuit Court Of Appeals Upholds A Citizen's Right To Film A Police Officer During A Traffic Stop Absent A Reasonable Restriction-Gericke V. Begin, 753 F.3d 1 (1st Cir. 2014), John J. Ryan

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

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Catholic Social Thought And Human Rights, Zachary R. Calo Jan 2015

Catholic Social Thought And Human Rights, Zachary R. Calo

Scholarly Works

As the dominant moral vocabulary of modernity, the language of human rights establishes significant points of contact between the religious and the secular. Yet, the human rights movement increasingly finds itself in a contested relationship with religious ideas and communities. Even as it draws on the inherited moral resources of religion, the human rights movement, at least in its dominant institutional and intellectual expressions, presents itself as a totalizing moral theory that challenges countervailing theological accounts of human rights. This article considers the distinctive account of human rights that has emerged within Catholic social teaching. Particular attention is given to …

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Against The Neighborhood Veto, Michael Lewyn Jan 2015

Against The Neighborhood Veto, Michael Lewyn

Scholarly Works

American zoning often gives neighborhoods elective veto power over nearby real estate development. This “neighborhood veto” sometimes artificially reduces housing supply and urban density, thus making housing more expensive and making American cities more dependent on automobiles. This article criticizes the common arguments that neighborhood activists use to restrict development.

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American Dreams, American Realities, Michael Lewyn Jan 2015

American Dreams, American Realities, Michael Lewyn

Scholarly Works

Review of Zoned In The USA, by Sonia Hirt.

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The (Somewhat) False Hope Of Comprehensive Planning, Michael Lewyn Jan 2015

The (Somewhat) False Hope Of Comprehensive Planning, Michael Lewyn

Scholarly Works

Comprehensive planning at the municipal level, although useful in a variety of ways, is neither necessary nor sufficient to promote "smart" (that is, pedestrian and transit-oriented) growth. Comprehensive plans can be used to support sprawl as easily as to support smart growth, while smart growth may be promoted effectively through zoning reform or statewide legislation as well as through local planning.

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A Quantum Congress, Jorge R. Roig Jan 2015

A Quantum Congress, Jorge R. Roig

Scholarly Works

This article tries to address the problem of a corrupt and broken electoral system that has been captured by special interests through big money spending in political campaigns, while at the same time preserving the spirit of the Free Speech Clause of our Constitution. In doing so, this article first reviews and summarizes the different alternatives proposed as potential fixes for the campaign finance problem. It then explains why none of the proposed alternatives can accomplish the dual goals set out above. Finally, the article briefly sketches a proposal for a fundamental reworking of our representative democracy by substituting legislative …

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Macroalgal Detritus And Food-Web Subsidies Along An Arctic Fjord Depth-Gradient, Paul E. Renaud, Therese S. Løkken, Lis L. Jørgensen, Jørgen Berge, Beverly J. Johnson Jan 2015

Macroalgal Detritus And Food-Web Subsidies Along An Arctic Fjord Depth-Gradient, Paul E. Renaud, Therese S. Løkken, Lis L. Jørgensen, Jørgen Berge, Beverly J. Johnson

All Faculty Scholarship

Tight coupling between pelagic and benthic communities is accepted as a general principle on Arctic shelves. Whereas this paradigm has been useful for guiding ecological research, it has perhaps led to a disproportionate focus on POM and ice algae as the most likely sources of carbon for the benthic food web. Arctic shelves are complex systems, including banks, fjords, and trough systems up to 350 m or more in depth. In this stable-isotope study, 13 different potential carbon sources were analyzed for their contribution to the food-webs of Isfjorden, Svalbard. A mixing model with herbivorous copepods and grazing sea urchins …

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The Scholar And The State: Evangelos Kofos On The International Recognition Of The Republic Of Macedonia, Loring M. Danforth Jan 2015

The Scholar And The State: Evangelos Kofos On The International Recognition Of The Republic Of Macedonia, Loring M. Danforth

All Faculty Scholarship

No abstract provided.

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Écrivains Provocateurs Pendant La Révolution Française: Olympe De Gouges, Madame De Staël, Et La Rhétorique De La Droite Politique, Will Little Jan 2015

Écrivains Provocateurs Pendant La Révolution Française: Olympe De Gouges, Madame De Staël, Et La Rhétorique De La Droite Politique, Will Little

The Corinthian

Pendant la révolution de 1789, de nombreux changements sociaux, politiques, et intellectuels ont eu lieu. Au début, les hommes étaient de la partie dominante de la révolution, mais il y avait une forte voix féminines dans la révolution. La Déclaration des Droits de la Femme et du Citoyen par Olympe de Gouge et De la Littérature Considérée dans ses Rapports avec les institutions sociales par Germaine de Staël sont deux textes importants qui symbolisent cette voix. Sans nombreux droits naturels sous l’absolutisme et les premières années de la révolution dominées par les hommes, les femmes écrivains français étaient les vraies …

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Lane Change: The Need To Clarify Mchaffie And Accept A Punitive Damages Exception, Jim Ribaudo Jan 2015

Lane Change: The Need To Clarify Mchaffie And Accept A Punitive Damages Exception, Jim Ribaudo

Saint Louis University Law Journal

No abstract provided.

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Recess Is Over: Narrowing The Presidential Recess Appointment Power In Nlrb V. Noel Canning, Ray M. Syrcle Jan 2015

Recess Is Over: Narrowing The Presidential Recess Appointment Power In Nlrb V. Noel Canning, Ray M. Syrcle

Saint Louis University Law Journal

No abstract provided.

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Teaching Business Associations With Group Oral Midterms: Benefits And Drawbacks, Joan Macleod Heminway Jan 2015

Teaching Business Associations With Group Oral Midterms: Benefits And Drawbacks, Joan Macleod Heminway

Saint Louis University Law Journal

No abstract provided.

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Rejustifying Retributive Punishment On Utilitarian Grounds In Light Of Neuroscientific Discoveries More Than Philosophical Calisthenics! , Robert B. Mccaleb Jan 2015

Rejustifying Retributive Punishment On Utilitarian Grounds In Light Of Neuroscientific Discoveries More Than Philosophical Calisthenics! , Robert B. Mccaleb

Cleveland State Law Review

Each of these unique features [of the Rotten Social Background (RSB) defense] is skeptically received by the classical criminal law mainly because of its fundamentally non-scientific, folk-psychological position on free will. However, discoveries in contemporary neuroscience strongly support each of these features. While chemical, causal, and deterministic brain events indisputably play a central role, RSB is virtually ignored as a frightening intrusion by materialism into the dualist sanctuary of the law. Yet RSB, as an indicator species for the health of the criminal law’s philosophic ecosystem, cannot be discounted out of hand any longer. In fact, the reconciliation of law …

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Creac In The Real World, Diane B. Kraft Jan 2015

Creac In The Real World, Diane B. Kraft

Cleveland State Law Review

This article will examine the extent to which common legal writing paradigms such as CREAC are used by attorneys in the “real world” of practice when writing on the kinds of issues law students may encounter in the first-year legal writing classroom. To that end, it will focus on the analysis of two factor-based criminal law issues: whether a defendant was in custody and whether a defendant had a reasonable expectation of privacy. In focusing on “first-year” issues, the article seeks not to examine whether organizational paradigms are used at all in legal analysis, but to discover whether and how …

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