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2015

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Full-Text Articles in Law

Sensationalism Falling Through The Cracks: Why The Legal Profession Must Broaden Ethical Standards For Legal Commentators, A. Augustus Lasala Dec 2015

Sensationalism Falling Through The Cracks: Why The Legal Profession Must Broaden Ethical Standards For Legal Commentators, A. Augustus Lasala

Fordham Intellectual Property, Media and Entertainment Law Journal

INTRODUCTION Whether it was O.J. Simpson, Casey Anthony, or Scott Peterson, history has shown that Americans love an exciting criminal trial. As a result, in the United States, the coverage and analysis of high-publicity criminal cases is ever-growing, creating many opportunities for attorneys to work in media as legal commentators. The term “legal commentator” has no precise definition, but generally entails attorneys making statements in the media that contain legal analysis. When attorneys speak in the media they simultaneously act in two roles: as a licensed attorney who has professional responsibilities and as a journalist who must meet viewership requirements. …


Internet Privacy Enforcement After Net Neutrality, Thomas B. Norton Dec 2015

Internet Privacy Enforcement After Net Neutrality, Thomas B. Norton

Fordham Intellectual Property, Media and Entertainment Law Journal

In March 2015, the Federal Communications Commission reclassified broadband Internet access service providers as “common carriers” subject to obligations under Title II of the Communications Act. One such obligation is to comply with the Act’s section 222 privacy provisions. As a result of reclassification, the Federal Communications Commission claims privacy enforcement jurisdiction over a broad swath of companies that formerly fell within the Federal Trade Commission’s regulatory reach. The Federal Trade Commission and industry players have been outwardly critical of this effect. This Note explores the resulting tension between the two agencies and proposes potential resolutions for it.


When Clients Sue Their Lawyers For Failing To Report Their Own Malpractice, Benjamin P. Cooper Dec 2015

When Clients Sue Their Lawyers For Failing To Report Their Own Malpractice, Benjamin P. Cooper

Hofstra Law Review

What consequences should befall the lawyer who fails to disclose a significant error to his client? In a previous article, I examined the lawyer’s ethical duty to report his own malpractice to his client, a topic that had previously received little attention from courts and commentators, and concluded that the duty is well-grounded in Rules 1.4 and 1.7. Therefore the lawyer who fails to disclose his error to his client is subject to discipline. This Article addresses the client's ability to state an independent claim against the lawyer for failing to disclose his own malpractice -- a topic that has …


One Significant Step: How Reforms To Prison Districts Begin To Address Political Inequality, Erika L. Wood Dec 2015

One Significant Step: How Reforms To Prison Districts Begin To Address Political Inequality, Erika L. Wood

University of Michigan Journal of Law Reform

Skyrocketing rates of incarceration over the last three decades have had profound and lasting effects on the political power and engagement of local communities throughout the United States. Aggressive enforcement practices and mandatory sentencing laws have an impact beyond the individuals who are arrested, convicted, and incarcerated. These policies have wide-ranging and enduring ripple effects throughout the communities that are most heavily impacted by criminal laws, predominantly urban and minority neighborhoods. Criminal justice policies broadly impact everything from voter turnout and engagement, to serving on juries, participating in popular protests, census data, and the way officials draw legislative districts. The …


When Is An Agency A Court? A Modified Functional Approach To State Agency Removal Under 28 U.S.C. § 1441, Nicholas Jackson Dec 2015

When Is An Agency A Court? A Modified Functional Approach To State Agency Removal Under 28 U.S.C. § 1441, Nicholas Jackson

University of Michigan Journal of Law Reform

This Note argues that courts should interpret 28 U.S.C. § 1441, which permits removal from state court to federal court, to allow removal from state administrative agencies when the agency performs “court-like functions.” Circuits that apply a literal interpretation of the statute and forbid removal from state agencies should adopt this “functional” approach. The functional approach, which this Note calls the McCullion-Floeter test, should be modified to comport with legislative intent and public policy considerations: first, state agency adjudications should not be removable when the adjudication requires technical expertise, which federal courts cannot obtain because they adjudicate cases in a …


End Matter Dec 2015

End Matter

Hofstra Law Review

No abstract provided.


Monroe Freedman: Friend, Role Model, And Colleague, Roy Simon Dec 2015

Monroe Freedman: Friend, Role Model, And Colleague, Roy Simon

Hofstra Law Review

No abstract provided.


Foreword: Legal Malpractice Is No Longer The Profession’S Dirty Little Secret, Susan Saab Fortney Dec 2015

Foreword: Legal Malpractice Is No Longer The Profession’S Dirty Little Secret, Susan Saab Fortney

Hofstra Law Review

No abstract provided.


The Ethical Limits Of Discrediting The Truthful Witness: How Modern Ethics Rules Fail To Prevent Truthful Witnesses From Being Discredited Through Unethical Means, Todd A. Berger Dec 2015

The Ethical Limits Of Discrediting The Truthful Witness: How Modern Ethics Rules Fail To Prevent Truthful Witnesses From Being Discredited Through Unethical Means, Todd A. Berger

Marquette Law Review

Whether the criminal defense attorney may ethically discredit the truthful witness on cross-examination and later during closing argument has long been an area of controversy in legal ethics. The vast majority of scholarly discussion on this important ethical dilemma has examined it in the abstract, focusing on the defense attorney’s dual roles in a criminal justice system that is dedicated to searching for the truth while simultaneously requiring zealous advocacy even for the guiltiest of defendants. Unlike these previous works, this particular Article explores this dilemma from the perspective of the techniques that criminal defense attorney’s use on cross-examination and …


Understanding The Judicial Conference Committee On International Judicial Relations, Sam F. Halabi, Nanette K. Laughrey Dec 2015

Understanding The Judicial Conference Committee On International Judicial Relations, Sam F. Halabi, Nanette K. Laughrey

Marquette Law Review

Since 1993, the Judicial Conference Committee on International Judicial Relations has coordinated outreach and exchange activities of the federal judiciary in support of rule-of-law initiatives. While the Federal Judicial Center has endeavored to publicize the Committee’s work, and members of the Committee have on occasion written and spoken about their work for the Committee, the scholarly treatment of the Committee remains sparse. What discussion does exist in the academic literature tends to depict the Committee in one of two ways. First, the Committee formed in response to the emergence of newly independent states after the 1991 Soviet collapse. Those states …


Disciplinary Segregation: How The Punitive Solitary Confinement Policy In Federal Prisons Violates The Due Process Clause Of The Fifth Amendment In Spite Of Sandin V. Conner, Grant Henderson Dec 2015

Disciplinary Segregation: How The Punitive Solitary Confinement Policy In Federal Prisons Violates The Due Process Clause Of The Fifth Amendment In Spite Of Sandin V. Conner, Grant Henderson

Marquette Law Review

In 1995, the Supreme Court decided Sandin v. Connor, which held inmates did not have a protected liberty interest requiring due process before being placed in solitary confinement. With the increasing problems in the criminal justice systems nationwide, or perhaps a renewed interest in those problems, the public has turned its attention to the plight of the incarcerated. This Comment seeks to flush out the reasoning the Court provided in Sandin and understand the impacts of the “atypical and significant hardship” on subsequent prisoner litigation, chiefly involving solitary confinement. Following the legal analysis of cases, this Comment will view …


O’Bannon V. Ncaa: The Beginning Of The End Of The Amateurism Justification For The Ncaa In Antitrust Litigation, Michael Steele Dec 2015

O’Bannon V. Ncaa: The Beginning Of The End Of The Amateurism Justification For The Ncaa In Antitrust Litigation, Michael Steele

Marquette Law Review

None


Board Of Officers - Vol. 46, No. 1 2015 Dec 2015

Board Of Officers - Vol. 46, No. 1 2015

Seton Hall Law Review

No abstract provided.


Table Of Contents Dec 2015

Table Of Contents

Maryland Law Review

No abstract provided.


Foreword: Private And Public Revisited Once Again, Mark A. Graber Dec 2015

Foreword: Private And Public Revisited Once Again, Mark A. Graber

Maryland Law Review

No abstract provided.


Legal Epistemologies, Howard Schweber Dec 2015

Legal Epistemologies, Howard Schweber

Maryland Law Review

No abstract provided.


Privacy At 50: The Bedroom, The Courtroom, And The Spaces In Between, Judith A. Baer Dec 2015

Privacy At 50: The Bedroom, The Courtroom, And The Spaces In Between, Judith A. Baer

Maryland Law Review

No abstract provided.


Evangelical Reform And The Paradoxical Origins Of The Right To Privacy, John W. Compton Dec 2015

Evangelical Reform And The Paradoxical Origins Of The Right To Privacy, John W. Compton

Maryland Law Review

No abstract provided.


Some Dilemmas In Drawing The Public/Private Distinction In New Deal Era State Constitutional Law, Keith Whittington Dec 2015

Some Dilemmas In Drawing The Public/Private Distinction In New Deal Era State Constitutional Law, Keith Whittington

Maryland Law Review

No abstract provided.


Telescoping And Collectivizing Religious Free Exercise Rights, Henry L. Chambers Jr Dec 2015

Telescoping And Collectivizing Religious Free Exercise Rights, Henry L. Chambers Jr

Maryland Law Review

No abstract provided.


Can The Quill Be Mightier Than The Uzi?: History "Lite," "Law Office," And Worse Meets The Second Amendment, Martin S. Flaherty Dec 2015

Can The Quill Be Mightier Than The Uzi?: History "Lite," "Law Office," And Worse Meets The Second Amendment, Martin S. Flaherty

Cardozo Law Review

No abstract provided.


Praise Defenders, Not Just Prosecutors, Stephen Henderson Dec 2015

Praise Defenders, Not Just Prosecutors, Stephen Henderson

Other Faculty Publications

In this letter to the editor, I discuss the problems when a district court judge becomes a graduate and class spokesperson for a Citizens' Police Academy.See article here.See letter here.


Note From The Editor, Iuniki L. Ikahihifo-Bender Dec 2015

Note From The Editor, Iuniki L. Ikahihifo-Bender

Alaska Law Review

No abstract provided.


Ravin Revisited: Alaska's Historic Common Law Marijuana Rule At The Dawn Of Legalization, Jason Brandeis Dec 2015

Ravin Revisited: Alaska's Historic Common Law Marijuana Rule At The Dawn Of Legalization, Jason Brandeis

Alaska Law Review

For the past forty years, Alaska has had one of the most unique marijuana laws in the United States. Under the Ravin Doctrine, adults in Alaska could use and possess a small amount of marijuana in their homes for any personal purpose. That common law rule, grounded in the Alaska Constitution's explicit right of privacy, was effectively codified in November 2014 when Alaska voters approved Ballot Measure 2: "An act to tax and regulate the production, sale, and use of marijuana." Measure 2 ushered in a new era of marijuana regulation, adding Alaska to the short list of states that …


Alaska: North To The Future Of Federal Marijuana Regulation, Angela Macdonald Dec 2015

Alaska: North To The Future Of Federal Marijuana Regulation, Angela Macdonald

Alaska Law Review

The personal freedom Alaskans not only expect, but rely upon, exposes a significant need for federal cooperation in the reformation of marijuana laws, including the removal or reclassification of marijuana in the Controlled Substances Act. This Comment summarizes this issue in light of Alaska’s recent recreational marijuana legalization. In doing so, elements unique to Alaska and their likely influence on the state's upcoming marijuana legislation; the history and evolution of Alaska marijuana laws; and the scholarly literature on Alaska marijuana law regarding the tensions between federal and state marijuana regulation are discussed. This Comment proposes that marijuana be removed from …


Breaking Bad Law: Meth Lab Investigations Highlight Alaska's Current Approach To Privacy, Victoria Sheets Dec 2015

Breaking Bad Law: Meth Lab Investigations Highlight Alaska's Current Approach To Privacy, Victoria Sheets

Alaska Law Review

The right to privacy explicitly provided by the Alaska Constitution has long been broadly interpreted—even protecting Alaskan citizens' right to personal home use and possession of marijuana. Though this right to privacy has been interpreted many times over the last few decades, Alaska currently lacks a coherent approach to application of its privacy laws. As the prevalence of methamphetamine production increases in homes across Alaska, the Alaskan courts' approach to privacy must be reevaluated in light of its delicate interaction with search and seizure policies surrounding methamphetamine labs.


Alaska And Vergara V. California: Evaluating The Constitutionality Of Teacher Tenure In Alaska, M. Rebecca Cooper Dec 2015

Alaska And Vergara V. California: Evaluating The Constitutionality Of Teacher Tenure In Alaska, M. Rebecca Cooper

Alaska Law Review

In the summer of 2013, California's teacher tenure statutes were found to violate the equal protection clause of the state's Constitution. The statutes called for tenure to be granted after two years of teaching, contained significant due process protections in case of dismissal, and required that new hires be laid off before teachers with tenure. The group that brought the lawsuit, Students Matter, is considering filing lawsuits in other states. This Note examines Alaska's tenure statutes to assess the state's vulnerability to a copycat lawsuit. While most of Alaska's tenure statutes seem safe from challenge, the state should evaluate its …


Journal Staff Dec 2015

Journal Staff

Alaska Law Review

No abstract provided.


Good Enough To Be Getting On With? The State Of Federal Sentencing Legislation, December 2015, Frank O. Bowman Iii Dec 2015

Good Enough To Be Getting On With? The State Of Federal Sentencing Legislation, December 2015, Frank O. Bowman Iii

Faculty Publications

This article traces the evolution of the sentencing reform debate in Congress in 2015. It summarizes and compares the six major pieces of sentencing legislation introduced in 2015. It describes the progression from con­ceptually simple, broadly applicable reforms of mandatory minimum sentences to the regime of complex and highly restrictive rules relaxing mandatory minimum sentences for a modest subset of federal defendants found in the bills that passed the Senate and House Judiciary Committees. The article summarizes some of the concerns voiced about he sentencing provisions of the various bills. Finally, it discusses the three pending bills relating to back-end …


Encouraging Insurers To Regulate: The Role (If Any) For Tort Law, Kyle D. Logue Dec 2015

Encouraging Insurers To Regulate: The Role (If Any) For Tort Law, Kyle D. Logue

Articles

Insurance companies are financially responsible for a substantial portion of the losses associated with risky activities in the economy. The more insurers can lower the risks posed by their insureds, the more competitively they can price their policies, and the more customers they can attract. Thus, competition forces insurers to be private regulators of risk. To that end, insurers deploy a range of techniques to encourage their insureds to reduce the risks of their insured activities, from charging experience-rated premiums to discounting premium rates for insureds who make specific behavioral changes designed to reduce risk. Somewhat paradoxically, however, tort law …