Law Commons^™

Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

I joined Christie's a little over a year ago as Director of Restitution, coordinating Christie's restitution issues globally.

Torture, Morality, And Law, Jeff Mcmahan

Case Western Reserve Journal of International Law

No abstract provided.

Crimes Against Nature, Robert F. Kennedy Jr.

St. Thomas Law Review

This speech was presented on February 2, 2006, at St. Thomas University School of Law, as part of the Distinguished Speaker Series program.

The Eye In The Sky & Our Digital Dog Tags: An Exploratory Review Of Global Positioning Systems (Gps) & Potential Privacy Implications, Darren Handler

St. Thomas Law Review

Global positioning systems ("GPS") are becoming more ubiquitous in this digital age where consumer devices, such as personal digital assistants, computers, cellular phones and other wireless devices are being marketed with GPS-integrated platforms. While consumer benefits are numerous for such location-based tools, there are those who see such global location data dissemination as a threat to one's privacy. This note gives an exploratory review of what GPS is, how it came to be, and what are the possible privacy implications. Moreover, delineating how the Court has grappled with other data-gathering devices may illuminate the path to be taken, while similarly …

Who Should Pay The Human Price Of "Every Day Low Prices"?, Jeffrey A. Botelho

St. Thomas Law Review

This comment will provide an overview of Wal-Mart's more questionable (and, in many cases, illegal) employment practices, with a focus on both labor violations and a deficient health care plan. It will address some of the negative effects that Wal-Mart's health benefit policy has on American taxpayers. The comment will then turn its focus to the possibility of a return to unionization in the private sector as a means of acquiring adequate pay and better benefits for Wal-Mart workers. This discussion begins with an outline of the basic provisions of the National Labor Relations Act ("the Act") and continues with …

Consumer Fraud Victimization In Florida: An Empirical Study, Kristy Holtfreter, Michael D. Reisig, Thomas G. Blomberg

St. Thomas Law Review

Defined in general legal terms, fraud refers to "[a] knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his or her detriment."' More specifically, consumer fraud is a form of economic crime that "involves some form of communication between victim and offender," and includes "the deliberate deception of the victim with the promise of goods, services, or other benefits that are nonexistent, unnecessary, were never intended to be provided, or were grossly misrepresented." This form of illegal activity is a serious problem in the United States. Recent estimates show that nearly one-half …

Healthy And Wealthy And Dead: Health Savings Accounts, David Pratt

St. Thomas Law Review

Health Savings Accounts ("HSAs") are the newest, and probably the most controversial, vehicle for providing tax-favored health benefits. Proponents, including the Bush administration, claim that they will control costs, reduce the number of uninsured Americans, and give consumers greater control over their health care decisions. Opponents claim that they unduly benefit the wealthy, will do little or nothing to control costs or extend coverage, and provide consumers with information that is insufficient to make educated decisions.

Making Universal Health Care Work, Jonathan B. Forman

St. Thomas Law Review

No abstract provided.

Wal-Martization And The Fair Share Health Care Acts, Julia Contreras, Orly Lobel

St. Thomas Law Review

In January 2006, Maryland passed a bill mandating employer contribution to employee health insurance in very large corporations, in effect, targeting one large retailer: Wal-Mart.' Around the same time, the American Federation of Labor-Congress of Industrial Unions ("AFL-CIO") and other worker advocacy groups launched a major health care campaign in approximately thirty other states, demanding that the nation's largest corporations contribute to employee health care provision. The Fair Share Health Care Act ("FSHA" or the "Act") was enacted by the Maryland state legislature in an effort to leverage private resources necessary to maintain government-funded health insurance.' The Act requires corporations …

Letter From The Editor, Jeffrey A. Botelho

St. Thomas Law Review

No abstract provided.

The Impact Of The 9/11 Attacks On National Security Law Casebooks, Tung Yin

St. Thomas Law Review

In this book review, I use the 9/11 attacks and the subsequent American responses as a framework for reviewing four casebooks currently available for use in courses on national security or antiterrorism. It is hardly surprising that law professors might themselves respond to the 9/11 attacks by adjusting content in appropriate courses. While casebooks may have other uses, their primary purpose is undoubtedly intended to be in law school courses. In turn, law school courses have a number of goals, among them the imparting of substantive knowledge in the particular field of law, as well as the development of students' …

Jose Padilla And Due Process Of Law, Charles S. Doskow

St. Thomas Law Review

On May 8, 2002, Jose Padilla, an American citizen, was arrested under a material witness warrant by federal authorities in Chicago as he disembarked a flight from Pakistan.' Padilla's arrest was subsequently announced on June 10 by no less a personage than the Attorney General of the United States, who happened to be in Russia at the time. Attorney General Ashcroft charged that Padilla was an al Qaeda operative, planning to set off a radioactive "dirty" bomb somewhere in the United States. President Bush quickly signed an order designating him an "enemy combatant." Padilla was imprisoned in New York. When, …

Streamlining Habeas Corpus While Undermining Judicial Review: How 28 U.S.C. Sec. 2254(D)(1) Violates The Constitution, Muhammad U. Faridi

St. Thomas Law Review

Although this article focuses on the writ of habeas corpus as filed by prisoners in state custody and as regulated by 28 U.S.C. § 2254, the recent developments involving the writ as filed by prisoners in federal custody and as regulated by 28 U.S.C. § 2241 are worth noting. Section II of Justice Steven's majority opinion in Rasul v. Bush2 deserves reading and re-reading because it recognizes the importance of the writ of habeas corpus in American jurisprudence. Section IV of the opinion holds that even "[a]liens held at the [Guantanamo Bay] base, no less than American citizens, are entitled …

Front Matter

St. Thomas Law Review

Front Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 19, Issue 1, Fall 2006.

Can Consumer-Driven Health Care, Health Reimbursement Arrangements And Health Savings Accounts Save Employer Sponsored Health Care From Ruin, Larry Grudzien

St. Thomas Law Review

Employer sponsored health care programs have been in crisis for over ten years because, year after year, health care costs and premiums continue to increase faster than inflation. Employers have tried a number of solutions, but nothing seems to stop the trend. Between 2000 to 2006, premiums for family health coverage increased by 87% compared with general inflation growth of 18% and wage growth of 20%.2 Employee spending for health insurance coverage increased 126% between 2000 and 2004. Since 2001, the employees share of health insurance costs have soared 63% for single coverage and 58% for family coverage.3 For 2006 …

State Law Health Care Initiatives, Susan J. Stabile

St. Thomas Law Review

The failure of the federal government to enact comprehensive health care reform has led to efforts by states to regulate both access to and quality of care. However, the ability of states to contribute solutions to the health care crisis has been limited by ERISA's broad preemption of state law. Thus, the federal government has arguably created the worst of all possible worlds-lack of a comprehensive federal approach while hampering the ability of the states to attempt to enact meaningful reform. In many areas of the law, states have been looked to as laboratories for innovative public policy. States have …

Dog-Focused Law's Impact On Disability Rights: Ontario's Pit Bull Legislation As A Case In Point, Barbara Hanson

Animal Law Review

Legislation that affects dogs also affects persons with disabilities to some extent. This link shows up in statutory definitions, is justified by social construction theory, and has been reified in case law. Thus, it is important to examine statutes like Ontario’s pit bull legislation in terms of their potential impact on persons with disabilities. Upon close examination, it appears that the legislation suffers from vague definitions, conflicting onus of proof, absence of fair process, and severe penalties, including imprisonment. Further, it contains no reference to dogs used by persons with disabilities. This means that there is potential for persons with …

Lord Of The Flies: The Development Of Rules Within An Adolescent Culture, Nancy B. Rapoport

Scholarly Works

This essay, included in the book SCREENING JUSTICE--THE CINEMA OF LAW: Significant Films of Law, Order and Social Justice (Rennard Strickland, Teree E. Foster & Tauyna Lovell Banks, eds., William S. Hein & Co. 2006), discusses the development of the law in Goldman's Lord of the Flies and raises the question of whether an island populated by a mix of boys and girls - or an island populated by only girls - would have developed a different law.

Toward A New Student Insurgency: A Critical Epistolary, Rachel J. Anderson, Marc-Tizoc Gonzalez, Stephen Lee

Scholarly Works

Taking the form of an epistolary (a collection of letters), this law review article explores the relationship between law and social change in the context of student activism at the University of California, Berkeley, School of Law (Berkeley Law formerly Boalt). The author’s contribution to this essay examines the simultaneously linear and circular history of social justice activism at Berkeley Law and discusses the relationship between social crises and resurging waves of activism, focusing on student activism in the sphere of legal scholarship.

The Visible Brain: Confidentiality And Privacy Implications Of Functional Magnetic Resonance Imaging, Stacey A. Tovino

Scholarly Works

Functional magnetic resonance imaging (fMRI) has built on a number of technologies, including electroencephalography, magnetoencephalography, positron emission tomography, and single-photon emission computed tomography, to become one of the decade’s most powerful tools for mapping sensory, motor, and cognitive function. Scientists also are using fMRI to study the neural correlates of a range of conditions, characteristics, and social behaviors, including severe brain injury, major depression, schizophrenia, dyslexia, cocaine addiction, compulsive gambling, pedophilia, racial evaluation, deception, cooperation, altruism, and even sexual preference. Poised to move outside the research context, fMRI and its ability to detect correlations between brain activations and sensitive and …

Trademark Dilution In Japan, Kenneth L. Port

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Piracy: Twelve Year-Olds, Grandmothers, And Other Good Targets For The Recording Industry's File Sharing Litigation, Matthew Sag

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Evaluating The Proposed Changes To Federal Rule Of Civil Procedure 37: Spoliation, Routine Operation And The Rules Enabling Act, Nathan D. Larsen

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

A New Economics Of Trademarks, David W. Barnes

Northwestern Journal of Technology and Intellectual Property

Conventional wisdom holds that trademarks are nothing like other intellectual property. Copyright and patent law are theoretically based in public goods theory and are designed to promote creation and disclosure of original expressions and novel, useful innovations. By contrast, trademarks are private goods and trademark law is designed to promote trade and encourage competition.

This article challenges conventional wisdom by demonstrating that trademarks are a type of public good that contributes to the public stock of useful ideas just as patented and copyrighted works do. This economic perspective suggests, again contrary to conventional trademark theory, that competitive markets fail to …

Easing The Claim Construction Blow With Early-Discovery Markman Hearings That Are Appealable To The Federal Circuit On An Interlocutory Basis, Srikanth K. Reddy

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

"Consumer Protection:" Consumer Strategies And The European Market In Genetically Modified Foods, Johanna Gibson

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

A New Tool For Analyzing Intellectual Property, Stephen M. Mcjohn

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Identification Of Trade Secret Claims In Litigation: Solutions For A Ubiquitous Dispute, Charles Tait Graves, Brian D. Range

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

A Realist Approach To Merck Kgaa V. Integra, Daniel A. Lev

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Metro-Goldwyn-Mayer V. Grokster: Unpredictability In Digital Copyright Law, Kent Schoen

Northwestern Journal of Technology and Intellectual Property

No abstract provided.