Law Commons^™

The International Secretariat Of Lawyers Of Pax Romana, Edward T. Fagan

The Catholic Lawyer

No abstract provided.

Civil Disobedience And Natural Law, Mark R. Macguigan

The Catholic Lawyer

No abstract provided.

The Natural Law Philosophy Of Lon L. Fuller, Charles L. Palms, C.S.P.

The Catholic Lawyer

No abstract provided.

Beware The Friends You Keep And The Places You Sleep: The Fourth Amendments Limited Protection Over Visitors And Their Belongings, Alysha C. Preston

St. John's Law Review

(Excerpt)

This Note concludes that the Arizona Supreme Court correctly applied the possession test and strongly urges the Supreme Court to address the issue and follow in Arizona’s footsteps. The possession test not only provides the best guidance for both officers and courts, but also provides the most precision and clarity. More importantly, this approach aligns with current Supreme Court case law and conforms to established Fourth Amendment principles. Holding otherwise would gravely undermine policy, disregard current precedents, and undervalue the sole purpose for the Fourth Amendment’s existence: to protect one’s reasonable expectation of privacy. Part I examines the scope …

Technical Difficulties: Why A Broader Reading Of Graham And Miller Should Prohibit De Facto Life Without Parole Sentences For Juvenile Offenders, Daniel Jones

St. John's Law Review

(Excerpt)

This Note argues that the spirit of the trilogy prohibits courts from sentencing juvenile offenders, regardless of their crime(s), to de facto life sentences. This Note maintains that the Eighth Amendment of the United States Constitution and the relevant case law render de facto life sentences unconstitutional. Part I examines the history of juvenile sentencing laws and concludes that many of the laws currently in place are based on a misguided fear that juveniles are more culpable than adult offenders. Part I also examines the relevant Supreme Court Eighth Amendment jurisprudence as well as the competing theoretical arguments used …

Important Is Not Important Enough: Forcibly Medicating Defendants For Sentencing Using The Important Interest Standard, Sarah Viebrock

St. John's Law Review

(Excerpt)

This Note analyzes whether the Government’s interest in sentencing is the same as its interest in trial, and whether the “important interest” standard is a high enough threshold for the Government when it seeks to forcibly medicate a defendant for sentencing. This Note will conclude that because of the procedural alternatives to forcible medication at sentencing, the functional differences between trial and sentencing, and the spirit of the Supreme Court’s decision in Sell, the Government should be required to demonstrate a compelling, rather than an important, interest when it seeks to forcibly medicate a defendant for sentencing.

Part …

The Preclusion Of § 1983 Claims By The Age Discrimination In Employment Act Following Hildebrand V. Allegheny County, Erin L. Donnelly

St. John's Law Review

(Excerpt)

This Note maintains that the Supreme Court should resolve the circuit split by affirming the Hildebrand court’s decision. Part I of this Note discusses the background of the ADEA and § 1983, including each legislation’s purpose, legislative history, and provisions. Part I concludes with a discussion of the doctrine of implied preclusion. Part II presents the circuit split by discussing the way the courts have analyzed this issue prior to Fitzgerald and how subsequent courts have decided the issue in light of Fitzgerald. Part III asserts that the ADEA precludes equal protection claims through § 1983 because of …

I Swear! From Shoptalk To Social Media: The Top Ten National Labor Relations Board Profanity Cases, Christine Neylon O'Brien

St. John's Law Review

(Excerpt)

This Article curates and analyzes ten recent cases where the NLRB decided whether or not § 7 protected employee swearing, with a view toward defining the implications of these decisions for employers and employees in terms of employer rules and discipline, and employee rights and limits thereon. The Article outlines the NLRB’s role and perspective in cases where employees are disciplined or discharged for engaging in profanity at work and/or on social media when the conduct in question is otherwise protected concerted activity. The Article summarizes the facts in each case while analyzing the legal framework that the NLRB …

Confidence Schemes: Theft Loss Deductions, Restitution, And Public Policy, Steven F. Friedell

St. John's Law Review

(Excerpt)

This Article focuses on some of these problems in the field of federal income tax. It suggests that when part of the IRC appears to direct a particular outcome, courts are prone to error when they override that command by imposing a penalty based on the judges’ moral condemnation of a party’s behavior. It would be better for courts to employ the statute’s intrinsic set of public policies to guide their decision making. In some instances, the results will not change because of other overlooked provisions in the statute. However, adherence to the legislature’s balance of conflicting interests will …

The Error In Applying The Language Conduit-Agency Theory To Interpreters Under The Confrontation Clause, Gregory J. Klubok

St. John's Law Review

(Excerpt)

Part I of this Note explains the origins of the Confrontation Clause and recent Supreme Court jurisprudence on the topic. Part II of this Note explains the current split of authority among the United States Courts of Appeals on whether interpreters who translate at police interrogations are subject to the Confrontation Clause. Part III of this Note explains why the language conduit-agency theory is inherently incompatible with the Confrontation Clause and why the government should have to call the interpreter who translated a defendant’s statements at a police interrogation to the stand if it wants to introduce the interpreter’s …

Valdez V. City Of New York: The "Death Knell" Of Municipal Tort Liability?, Alisa M. Benintendi

St. John's Law Review

(Excerpt)

This Note contends that the Court of Appeals erred in narrowing the scope of municipal tort liability in Valdez. Focus is on the Court of Appeals’ affirmation of its regressive analysis in McLean v. City of New York and mistaken reliance upon its earlier decision in Cuffy v. City of New York. To illustrate the Court of Appeals’ unwavering adherence to Valdez, this Note examines the court’s decisions in Metz v. State and Coleson v. City of New York. Part I discusses the history and purpose of sovereign immunity from tort liability, New York’s waiver …

Postjudgment Cost Shifting: Electronic Discovery And 28 U.S.C § 1920(4), Samantha J. Kwartler

St. John's Law Review

(Excerpt)

This Note argues that the circuit courts should adopt a loose narrow interpretation of § 1920(4), like the Federal Circuit did in CBT Flint Partners, LLC v. Return Path, Inc., and tax only a limited number of the electronic discovery services rendered in document production. Part I of this Note examines § 1920(4)’s statutory history and its application in federal court. Part II discusses the varying approaches taken by each side of the circuit split. Finally, Part III argues for implementation of a loose narrow interpretation because it more appropriately comports with other provisions of the Federal Rules …

Let The Judge Speak: Reconsidering The Role Of Rehabilitation In Federal Sentencing, Madeline W. Goralski

St. John's Law Review

(Excerpt)

This Note contends that the importance of rehabilitation as a valid and necessary principle of punishment is overlooked in § 3582(a) of the SRA and further argues that a judge should be permitted to consider rehabilitation when deciding to sentence a defendant to a term of imprisonment, so long as rehabilitation is not a dominant factor in coming to that decision. Part I outlines the principles of punishment and the rise and decline of the rehabilitative system of punishment in the United States. It also discusses the importance of rehabilitation and how society could benefit from a system that …

The Case Against Income Tax Exemption For Nonprofits, Michael Fricke

St. John's Law Review

(Excerpt)

In order to discuss the current state of affairs in the nonprofit world, Part I of this Article addresses how nonprofits are treated under the law and the various income tax exemption defenses that have been proffered over the years. Then, Part II investigates the problems raised by organizations that take advantage of their tax exemption, but decline to use their revenue for their exempt purposes. This problem has been addressed infrequently in academic literature, but Part III reviews other proposed reforms that might affect this issue. Part IV lays out the proposed solution, and Part V examines the …

Private Solutions To Global Crises, Gregory R. Day

St. John's Law Review

(Excerpt)

The contribution of this Article is both theoretical and practical. Considering that MNCs rarely suffer liability abroad, this Article identifies an emerging, understudied type of international agreement able to hold MNCs responsible for torts in the developing world. On a theoretical level, the research herein identifies situations in which arbitral decisions are superior to judicial rulings. This Article also advances the private dispute resolution literature, which has developed slowly due to arbitration’s private and confidential nature. The works that do discuss arbitration overwhelmingly assume that the process favors corporations, rarely mentioning arbitration’s socially desirable qualities. Thus, this Article offers …

Los Gatos Or Santa Rita, Glo No. 253, Monterey County, Diseños And Associated Historical Documents.

Monterey County

Diseños - Hand-drawn Spanish-Mexican map demonstrating the physical boundaries of land granted to Mexican citizens by the Spanish or Mexican.

Expediente – Hand-written Spanish-Mexican land grant document issued to Mexican citizens in Alta California for land in Alta-California.

Work Progress Administration Abstract (WPA Abstract) – A summary document prepared in 1938 under the Work Progress Administration program detailing the history of a rancho beginning with the Spanish-American land through the U.S. patenting process.

Hoffman Notes -- Summary of information concerning claims made for the Rancho lands from the Appendix listing Table of Land Claims in the Reports of Land Cases …

Los Carneros (Mcdougal)​, Glo No. 246, Monterey County, Diseños And Associated Historical Documents.

Monterey County

Diseños - Hand-drawn Spanish-Mexican map demonstrating the physical boundaries of land granted to Mexican citizens by the Spanish or Mexican.

Expediente – Hand-written Spanish-Mexican land grant document issued to Mexican citizens in Alta California for land in Alta-California.

Work Progress Administration Abstract (WPA Abstract) – A summary document prepared in 1938 under the Work Progress Administration program detailing the history of a rancho beginning with the Spanish-American land through the U.S. patenting process.

Hoffman Notes -- Summary of information concerning claims made for the Rancho lands from the Appendix listing Table of Land Claims in the Reports of Land Cases …

October 10, 2016: No, Trump Was Not Advocating Sexual Assault, Bruce Ledewitz

Hallowed Secularism

Blog post, “No, Trump Was Not Advocating Sexual Assault“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Las Salinas, Glo No. 257, Monterey County, Diseños And Associated Historical Documents.

Monterey County

Diseños - Hand-drawn Spanish-Mexican map demonstrating the physical boundaries of land granted to Mexican citizens by the Spanish or Mexican.

Expediente – Hand-written Spanish-Mexican land grant document issued to Mexican citizens in Alta California for land in Alta-California.

Work Progress Administration Abstract (WPA Abstract) – A summary document prepared in 1938 under the Work Progress Administration program detailing the history of a rancho beginning with the Spanish-American land through the U.S. patenting process.

Hoffman Notes -- Summary of information concerning claims made for the Rancho lands from the Appendix listing Table of Land Claims in the Reports of Land Cases …

Llano De Buena Vista, Glo No. 226, Monterey County, Diseños And Associated Historical Documents.

Monterey County

Diseños - Hand-drawn Spanish-Mexican map demonstrating the physical boundaries of land granted to Mexican citizens by the Spanish or Mexican.

Expediente – Hand-written Spanish-Mexican land grant document issued to Mexican citizens in Alta California for land in Alta-California.

Work Progress Administration Abstract (WPA Abstract) – A summary document prepared in 1938 under the Work Progress Administration program detailing the history of a rancho beginning with the Spanish-American land through the U.S. patenting process.

Hoffman Notes -- Summary of information concerning claims made for the Rancho lands from the Appendix listing Table of Land Claims in the Reports of Land Cases …

Los Carneros (Littlejohn), Glo No. 244, Monterey County, Diseños And Associated Historical Documents.

Monterey County

Diseños - Hand-drawn Spanish-Mexican map demonstrating the physical boundaries of land granted to Mexican citizens by the Spanish or Mexican.

Expediente – Hand-written Spanish-Mexican land grant document issued to Mexican citizens in Alta California for land in Alta-California.

Work Progress Administration Abstract (WPA Abstract) – A summary document prepared in 1938 under the Work Progress Administration program detailing the history of a rancho beginning with the Spanish-American land through the U.S. patenting process.

Hoffman Notes -- Summary of information concerning claims made for the Rancho lands from the Appendix listing Table of Land Claims in the Reports of Land Cases …

Equitrade International, Inc. Et Al., Order, John J. Goger

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Nsa Compliance And Congress’S Plan: How To Account For Flaws In The Metadata Program?, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Los Coches (Soberances), Glo No. 296, Monterey County, Diseños And Associated Historical Documents.

Monterey County

Diseños - Hand-drawn Spanish-Mexican map demonstrating the physical boundaries of land granted to Mexican citizens by the Spanish or Mexican.

Expediente – Hand-written Spanish-Mexican land grant document issued to Mexican citizens in Alta California for land in Alta-California.

Work Progress Administration Abstract (WPA Abstract) – A summary document prepared in 1938 under the Work Progress Administration program detailing the history of a rancho beginning with the Spanish-American land through the U.S. patenting process.

Hoffman Notes -- Summary of information concerning claims made for the Rancho lands from the Appendix listing Table of Land Claims in the Reports of Land Cases …

Mmu: 10/10/16–10/16/16, Student Bar Association

Monday Morning Update

Fall Ball Ticket Sales Extended

Public Interest Month is Here

Student Resources at NDLS

Financial Wellness Tip

This Week @ NDLS

Aly Hughes' Tweet of the Week

Who's That 1L?: That's Cooper!

Student Loans And Surmountable Access-To-Justice Barriers, Jason Iuliano

Florida Law Review

Findings and conclusions from the 2012 American Bankruptcy Law Journal Study and Response to Professor Rafael I. Pardo’s latest piece, The Undue Hardship Thicket: On Access to Justice, Procedural Noncompliance, and Pollutive Litigation in Bankruptcy.

Takings And Extortion, Daniel P. Selmi

Florida Law Review

The Supreme Court has repeatedly employed an extortion narrative in deciding when governmental actions imposing exactions on development projects constitute takings under the Fifth Amendment. In that narrative, local officials act in ever-present bad faith by misusing their regulatory powers to coerce concessions by developers seeking land use approvals. While the extortion narrative has received little attention, it operates as an explanatory device for understanding the Court’s takings jurisprudence in the exactions field. The narrative has justified the expansion of exactions takings law beyond real property, substantially altered the deference normally accorded by the Court to local government actions, and …

Toward Consistent Fiduciary Duties For Publicly Traded Entities, Sandra K. Miller, Karie Davis-Nozemack

Florida Law Review

After the 2008 recession, it is difficult to imagine that the public is investing billions of dollars in publicly traded entities with little regulation of board conflicts and no fiduciary duty protections. Yet, that is precisely the case for more than $284 billion of investments. Investors have flocked to publicly traded limited partnerships (LPs) and limited liability companies (LLCs), collectively known as master limited partnerships (MLPs), because many are high-performing energy companies with a tax preference. MLP market capitalization, while only $14 billion in 2000, topped $284 billion as of February 2016, and more initial public offerings are on the …

Disaggregating "Immigration Law", Mathew J. Lindsay

Florida Law Review

Courts and scholars have long noted the constitutional exceptionalism of the federal immigration power, decried the injustice it produces, and appealed for greater constitutional protection for noncitizens. This Article builds on this robust literature while focusing on a particularly critical conceptual and doctrinal obstacle to legal reform—the notion that laws governing the rights of noncitizens to enter and remain within the United States comprise a distinct body of “immigration laws” presumed to be part and parcel of foreign affairs and national security.

This Article argues that the U.S. Supreme Court’s recent immigration jurisprudence suggests a willingness to temper, and perhaps …

The President And Immigration Federalism, Pratheepan Gulasekaram, S. Karthick Ramakrishnan

Florida Law Review

This Article lays out a systematic, conceptual framework to better understand the relationship between federal executive action and state- level legislation in immigration. Prior immigration law scholarship has focused on structural power questions between the U.S. federal government—as a unitary entity—and the states, while newer scholarship has examined separation of powers concerns between the President and Congress. This Article builds on both of these traditions, focusing on the intersectional relationship between the federal Executive and subfederal lawmaking, which is an important yet overlooked dynamic in the resurgence of immigration federalism. First, this Article explains the relationship between presidential action and …