Law Commons^™

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

Saint Louis University Law Journal

No abstract provided.

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.

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

Saint Louis University Law Journal

No abstract provided.

School Segregation In Jefferson County And Seattle: The Impact Of The Parents Involved Ruling And District Actions, William J. Glenn

Cleveland State Law Review

This paper focuses on the two districts directly involved in the Parents Involved in Community Schools v. Seattle School District No. 1 (PICS) (2007) case with regard to how their desegregation plans and levels of segregation changed over time. The study emphasizes how segregation levels changed in response to changes in the plans and, in particular, to the Supreme Court ruling in PICS. The results differed greatly between the two districts. The voluntary desegregation plan in Jefferson County, Kentucky, proved far more effective than its Seattle counterpart in terms of maintaining a relatively low level of segregation prior to the …

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 …

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 …

Work, Study, Organize!: Why The Northwestern University Football Players Are Employees Under The National Labor Relations Act, César F. Rosado Marzán, Alex Tillett-Saks

Hofstra Labor & Employment Law Journal

This article analyzes the first case of college athlete unionization under the National Labor Relations Act ("NLRA") that has reached the National Labor Relations Board – that of the Northwestern University football players. We reanalyze the case and concur with Region 13 of the NLRB, which determined that these college athletes are employees under the NLRA. However, we also go beyond Region 13's decision and argue that the walk-on players, or those football players who do not receive scholarships, may also be employees under the NLRA.

The grant-in-aid football players of Northwestern University meet the three rules normally used to …

Including The Transgenderless At Work: A Comparison Of Transgender Employees And Transgender Students As Plaintiffs, Julia Elmaleh-Sachs

Hofstra Labor & Employment Law Journal

No abstract provided.

The Misfortune Of The Unpaid Intern, Sean Hughes, Jerry Lagomarsine

Hofstra Labor & Employment Law Journal

No abstract provided.

Examining Workers' Rights In International Human Rights Law: The Fast-Food Workers' Movement In The United States, Sevrine Knuchel

Hofstra Labor & Employment Law Journal

No abstract provided.

Get Your Own Coffee: Advice For Employers Facing Increasing Uncertainty With Respect To The Flsa And Unpaid Internship, Nina K. Markey, Holly E. Rich, Ryan D. Freeman

Hofstra Labor & Employment Law Journal

No abstract provided.

Child Labor Laws And The Impossibility Of Statutory Emancipation, Dana M. Dohn, Amy Pimer

Hofstra Labor & Employment Law Journal

No abstract provided.

One Small Step For The United States, May Be One Giant Leap For Seafarer's Rights, Peter Link

Hofstra Labor & Employment Law Journal

No abstract provided.

Case Ip News, Case Western Reserve University School Of Law, The Spangenberg Center For Law, Technology & The Arts

Case IP Law News

Vol. 2, No. 1

• School of Law’s Intellectual Property Venture Clinic helps launch a student health care startup
• Case Western Reserve signs agreement with University of Strassbourg for IP Law program
• Spangenberg Center for Law, Technology & the Arts welcomes three fellows
• One-year patent practice master’s degree program to begin this fall
• Faculty Updates

The Covert Use Of Drones: How Secrecy Undermines Oversight And Accountability, Milena Sterio

Law Faculty Articles and Essays

Under the Obama Administration, the number of drone strikes has sharply increased, prompting criticism and concern. As one commentator has noted, “[u]nder Obama, drone strikes have become too frequent, too unilateral, and too much associated with the heavy-handed use of American power.” Many scholars have focused on the legal issues arising from the use of drones, analyzing their legality under applicable law of self-defense, as well as under international humanitarian law and international human rights law.

This Article highlights another problematic aspect of the current American use of drones, which is secrecy. As will be argued below, because a large …