Law Commons^™

Bringing More Finality To Finality: Conditional Consent Judgments And Appellate Review, Thomas A. Engelhardt

St. John's Law Review

(Excerpt)

Part I provides background on finality, including an overview of the final judgment rule and other statutory grants of appellate jurisdiction. Part I then discusses consent judgments, including conditional consent judgments. Part II examines the circuit splits with respect to issues of finality and the appealability of consent judgments that reserve a right to appeal. Part III presents arguments for and against strict interpretation and application of the finality requirement regarding consent judgments. Part IV argues for resolving the controversy by adopting a standard by which appellate courts uniformly recognize a consent judgment’s reservation of a right to appeal …

The Constitutionality Of Lengthy Term-Of-Years Sentences For Juvenile Non-Homicide Offenders, Rebecca Lowry

St. John's Law Review

(Excerpt)

Part I discusses the development of the Court's ' kids are different" decisions. Part II argues that the rationale behind Graham applies not only to life-without-parole sentences but also to lengthy term-of-years sentences for juvenile non-homicide offenders. Part III suggests a constitutional mandate as to when states must provide a meaningful opportunity for release and explores other legislative action states can employ to comply with Graham.

Suspicious Suspect Classes - Are Nonimmigrants Entitled To Strict Scrutiny Review Under The Equal Protection Clause?: An Analysis Of Dandamudi And Leclerc, John Harras

St. John's Law Review

(Excerpt)

Part I of this Note provides the background necessary to understand the different alienage classifications, equal protection jurisprudence, and the confusion in the Supreme Court's alienage equal protection precedent. Part II describes the differences of opinion among the circuit courts on the application of the Equal Protection Clause to nonimmigrants. Part III argues, in greater detail, that nonimmigrants are not a suspect class for the reasons stated above.

Constitutional Remedies: Reconciling Official Immunity With The Vindication Of Rights, Michael L. Wells

St. John's Law Review

(Excerpt)

Part I makes the crucial point that compensation is a tool and not a distinct goal of tort liability. With civil recourse theory as a guidepost, Part II argues that one of the aims of constitutional tort law is vindication of the plaintiffs rights. Civil recourse principles teach that vindication may be at least partly achieved even when immunity blocks compensation. Part III shows how the Court's failure to distinguish vindication from compensation has unnecessarily impeded the vindication of rights. Two important official immunity cases-Camreta v. Greene and Pearson v. Callahan -illustrate the missed opportunities and show how …

The Continued Growth Of The Presumption Against Extraterritoriality And Its Impact On The Bankruptcy Code’S Avoidance Provisions, Michael Vandermark

Bankruptcy Research Library

(Exceprt)

Over the past several years, ever since the United States Supreme Court’s seminal decision in Morrison v. National Australia Bank Limited, the presumption against extraterritoriality has steadily expanded across much of the legal field. In doing so, the presumption has again become the dominant standard in deciding whether Congressional legislation may be used on an extraterritorial basis. This expansion has recently encompassed portions of the Bankruptcy Code, specifically, its avoidance provisions.

The presumption, as noted in detail below, relies on the premise that although the legislature has the authority to regulate beyond the borders of the United States, …

No College, No Prior Clerkship: How Jim Marsh Became Justice Jackson’S Law Clerk, John Q. Barrett

Faculty Publications

(Excerpt)

In his first four years on the Supreme Court, Justice Robert H. Jackson employed, in sequence, three young attorneys as his law clerks. The first, John F. Costelloe, was a Harvard Law School graduate and former Harvard Law Review editor who until summer 1941 was, like then attorney general Jackson, working at the U.S. Department of Justice. Costelloe became Justice Jackson’s first law clerk shortly after his July 1941 appointment to the Court and stayed for a little over two years. Jackson’s next law clerk, Phil C. Neal, came to Jackson in 1943 after graduating from Harvard Law School, …