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Articles 1 - 30 of 39
Full-Text Articles in Law
Searching For Culpability, Punishing The Guilty, And Protecting The Innocent: Should Congress Look To The Model Penal Code To Stem The Tide Of Federal Overcriminalization?, David Dailey
Catholic University Law Review
In late 2014, the House Judiciary Committee's Overcriminalization Task Force is expected to release a final report on federal overcriminalization. The Task Force has been studying the issue for over a year, and had held several hearings on a lack of a mens rea requirement in many federal statutes, as well as regulatory offenses that carry criminal sanctions. Several experts have recommended that Congress enact a default mens rea provision similar to the Model Penal Code (MPC). This Comment explores the issue of mens rea at the federal level and the federal courts' understanding of mens rea in federal criminal …
Sec V. Bauer: If The Glove Fits, It's Insider Trading, Kramer Ortman
Sec V. Bauer: If The Glove Fits, It's Insider Trading, Kramer Ortman
Catholic University Law Review
Until SEC v. Bauer, insider trading has never been applied within the context of an open-ended mutual fund. In alleging insider trading against Jilaine Bauer, an account executive of a mutual fund, the SEC originally won summary judgment; however, the case on appeal saw the SEC drop its original theory, the classical theory of insider trading, in favor of the alternative misappropriation theory. This Note argues that the misappropriation theory applies in the context of open-ended mutual funds by recognizing that the policy reasons underlying the prohibitions against insider trading are centered on the principles of fairness, market integrity, …
Alt-Labor, Secondary Boycotts, And Toward A Labor Organization Bargain, Michael C. Duff
Alt-Labor, Secondary Boycotts, And Toward A Labor Organization Bargain, Michael C. Duff
Catholic University Law Review
Recently, workers led by non-union labor advocacy groups, popularly labeled “ALT-Labor,” staged strikes and other job actions across the low-wage economy. Some observers see this activity as the harbinger of a reinvigorated labor movement or as audacious dissent by low-wage workers with nothing to lose. Others view the activity cynically as an exercise in futility, a struggle against inexorable market forces that refuse to pay $15 per hour to a fast food restaurant or big box retail worker. This article presumes that employers will respond to ALT-Labor in a historically typical manner—by seeking labor injunctions and civil damages in courts. …
Financing Elections And "Appearance Of Corruption": Citizen Attitudes And Behavior In 2012, Molly J. Walker Wilson
Financing Elections And "Appearance Of Corruption": Citizen Attitudes And Behavior In 2012, Molly J. Walker Wilson
Catholic University Law Review
As political spending reaches new highs in the 2012 election cycle, and as the controversy surrounding wealthy donors and interest groups grows, polls demonstrate a surge of cynicism among Americans who profess a belief that the American political system is corrupt. The Supreme Court’s 2010 decision in Citizens United made possible the most recent expansion of political spending. In this case, the question was whether allowing corporations and unions to spend unlimited amounts of money on political advertising would result in corruption or the appearance of corruption. The majority on the Court determined that it would not. Many observers have …
The Meme Of Voter Fraud, Atiba R. Ellis
The Meme Of Voter Fraud, Atiba R. Ellis
Catholic University Law Review
The meme of voter fraud is the idea that unworthy voters are attacking the electoral system by voting fraudulently through impersonation or other bad acts. Although scholars of election law aptly demonstrate that the meme is a myth, the meme nonetheless endures as a rationale for the continued passage of heightened voter regulations like voter identification laws. Scholarship critiquing the voter fraud meme relies on partisanship as the prime explanation for voter fraud arguments. This explanation is incomplete in light of the fact that proponents of the myth continue to believe it on an ideological level even when the lack …
The Jurisprudence Of Nature: The Importance Of Defining What Is "Natural", Jill M. Fraley
The Jurisprudence Of Nature: The Importance Of Defining What Is "Natural", Jill M. Fraley
Catholic University Law Review
Informal regulations defining nature, natural, and organic have proliferated across diverse fields of law from patents to agriculture, from taxation to gemstones. The unwritten jurisprudence of defining nature is primarily a story of the struggle to isolate mankind’s manipulations and interventions, creating a man-nature dichotomy that frustrates more than it explicates. This failure to define nature continues with the Supreme Court’s recent Myriad decision, which struggles to define the law of nature exception to patentability, highlighting the challenge of measuring levels of human intervention and manipulation. Our dichotomous definitions do not generate neat, binary answers, but rather complicated scales of …
Access For Access: Ensuring Access To Federal Courts For Parents Seeking To Exercise Rights Of Access Under The Hague Convention On The Civil Aspects Of International Child Abduction, Katherine L. Olson
Catholic University Law Review
Each year, thousands of children are abducted across international borders, often by one of their parents. The Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention) and its implementing legislation, the International Child Abduction Remedies Act (ICARA), provide recourse to the non-abducting parent. However, recent cases in the U.S. Courts of Appeal for the Fourth and Second Circuits have created a circuit split on the issue of whether rights of access, in contrast to rights of custody, convey a private right of action in U.S. federal courts under the Hague Convention. This Comment examines this circuit split …
Judicial Speculation On Consumer Impression: The Pitfalls Of Measuring Trademark Tacking As A Question Of Law, Megan Majcher Hartnett
Judicial Speculation On Consumer Impression: The Pitfalls Of Measuring Trademark Tacking As A Question Of Law, Megan Majcher Hartnett
Catholic University Law Review
Trademark tacking allows a mark owner to adjust her mark without losing protection. The test for determining whether tacking is appropriate is whether the new mark is the legal equivalent of the old. This equivalency is measured by evaluating the continuing commercial impression created by the marks. A circuit split has developed over whether this test is a question of law or a question of fact. This Comment argues that the continuing commercial impression test is ill-suited to be measured as a question of law. Initially, this Comment focuses on how commercial impression is a fact-based inquiry and should be …
Fourth Amendment "Cheeks" And Balances: The Supreme Court's Inconsistent Conclusions And Deference To Law Enforcement Officials In Maryland V. King And Florence V. Board Of Chosen Freeholders Of The County Of Burlington, Diana R. Donahoe
Catholic University Law Review
No abstract provided.
The Positive And Negative Consequences Of The European Union Court Of Justice's Amazon Decision On International Private Copying And America, Jaclyn Kavendek
The Positive And Negative Consequences Of The European Union Court Of Justice's Amazon Decision On International Private Copying And America, Jaclyn Kavendek
Catholic University Law Review
No abstract provided.
Conditions Of Confinement At Sentencing: The Case Of Seriously Disordered Offenders, E. Lea Johnston
Conditions Of Confinement At Sentencing: The Case Of Seriously Disordered Offenders, E. Lea Johnston
Catholic University Law Review
No abstract provided.
Buying Time? False Assumptions About Abusive Appeals, Michael Kagan, Fatma Marouf, Rebecca Gill
Buying Time? False Assumptions About Abusive Appeals, Michael Kagan, Fatma Marouf, Rebecca Gill
Catholic University Law Review
No abstract provided.
The Narrowest And Most Obvious Limits: Applying Fair Use To Appropriation Art Economically Using A Royalty System, Brittani Everson
The Narrowest And Most Obvious Limits: Applying Fair Use To Appropriation Art Economically Using A Royalty System, Brittani Everson
Catholic University Law Review
No abstract provided.
Drawing The Line: Board Of Contract Appeals' Jurisdiction To Make Determinations Of Fraud, Benjamin Williams
Drawing The Line: Board Of Contract Appeals' Jurisdiction To Make Determinations Of Fraud, Benjamin Williams
Catholic University Law Review
No abstract provided.
Shame, Angry Judges, And The Social Media Effect, Maxine D. Goodman
Shame, Angry Judges, And The Social Media Effect, Maxine D. Goodman
Catholic University Law Review
No abstract provided.
The Protection Of Deposits And Depositors: A Limited Interpretation Of 12 U.S.C. § 1833a, Alyssa King
The Protection Of Deposits And Depositors: A Limited Interpretation Of 12 U.S.C. § 1833a, Alyssa King
Catholic University Law Review
No abstract provided.
Trademarks And Transducers: The First Circuit Court Of Appeals Decides On The Standard Of Proof Required To Show Willful Infringement In Lanham Act Cases, Peter Karalis
Catholic University Law Review
No abstract provided.
Winning The Crowd: Harnessing Taxpayer Choices To Improve Educational Quality, W. Edward Afield
Winning The Crowd: Harnessing Taxpayer Choices To Improve Educational Quality, W. Edward Afield
Catholic University Law Review
No abstract provided.
The System Of Modern Criminal Conspiracy, Steven R. Morrison
The System Of Modern Criminal Conspiracy, Steven R. Morrison
Catholic University Law Review
No abstract provided.
Breastfeeding And A New Type Of Employment Law, Marcy Karin, Robin Runge
Breastfeeding And A New Type Of Employment Law, Marcy Karin, Robin Runge
Catholic University Law Review
No abstract provided.
State V. Brossart: Adapting The Fourth Amendment For A Future With Drones, Thomas Bryan
State V. Brossart: Adapting The Fourth Amendment For A Future With Drones, Thomas Bryan
Catholic University Law Review
No abstract provided.
Preserving The Sanctity Of Collective Bargaining: The Compensability Of Travel Time Following Flsa Section 203(O) Donning And Doffing Activity, Nicholas Hart
Catholic University Law Review
No abstract provided.
The Prosecutor Prince: Misconduct, Accountability, And A Modest Proposal, H. Mitchell Caldwell
The Prosecutor Prince: Misconduct, Accountability, And A Modest Proposal, H. Mitchell Caldwell
Catholic University Law Review
No abstract provided.
The Travel Act At Fifty: Reflections On The Robert F. Kennedy Justice Department And Modern Federal Criminal Law Enforcement At Middle Age, Adam H. Kurland
The Travel Act At Fifty: Reflections On The Robert F. Kennedy Justice Department And Modern Federal Criminal Law Enforcement At Middle Age, Adam H. Kurland
Catholic University Law Review
No abstract provided.
Can We Trust Trustees? Proposals For Reducing Wrongful Foreclosures, John Campbell
Can We Trust Trustees? Proposals For Reducing Wrongful Foreclosures, John Campbell
Catholic University Law Review
No abstract provided.
What Was He Thinking? Mens Rea’S Deterrent Effect On Machinegun Possession Under 18 U.S.C. § 924 (C), Stephanie Power
What Was He Thinking? Mens Rea’S Deterrent Effect On Machinegun Possession Under 18 U.S.C. § 924 (C), Stephanie Power
Catholic University Law Review
No abstract provided.
A Tale Of Two Minority Groups: Can Two Different Minority Groups Bring A Coalition Suit Under Section 2 Of The Voting Rights Act Of 1965, Sara Michaloski
A Tale Of Two Minority Groups: Can Two Different Minority Groups Bring A Coalition Suit Under Section 2 Of The Voting Rights Act Of 1965, Sara Michaloski
Catholic University Law Review
No abstract provided.
Putting The “Uniform” Back In The Securities Litigation Uniform Standards Act Of 1998: The Case For Employing A Reasonable Relationship Approach, Christopher R. Bellacicco
Putting The “Uniform” Back In The Securities Litigation Uniform Standards Act Of 1998: The Case For Employing A Reasonable Relationship Approach, Christopher R. Bellacicco
Catholic University Law Review
No abstract provided.
Finding The Solution In Wec Carolina Energy Solutions: The Computer Fraud And Abuse Act In The Workplace, Emily V. Malone
Finding The Solution In Wec Carolina Energy Solutions: The Computer Fraud And Abuse Act In The Workplace, Emily V. Malone
Catholic University Law Review
No abstract provided.