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Recent Posts
- An Analysis of the Constitutionality of Arizona’s Ethic Studies Law
- Employer Not Vicariously Liable for Employee’s Assault, Says the New Jersey Supreme Court
- The Right to Confront Witnesses, but not Necessarily at Trial: Predicting a Judge-focused Remedy in Williams v. Illinois
- No Expertise Required: How Washington D.C. Has Erred in Expanding Its Expert Testimony Requirement
- Padilla v. Kentucky‘s Inapplicability to Undocumented and Non-Immigrant Visitors
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Category Archives: Articles
An Analysis of the Constitutionality of Arizona’s Ethic Studies Law
On May 2011, the Arizona legislature passed a law that has placed significant restrictions on K-12 ethnic studies programs. The law prohibits any public school district or charter school from conducting classes that, inter alia, are designed primarily for a … Continue reading
Posted in Articles, Legal Issues
Tagged Arizona, Education, ethnic studies, hispanic, k-12, mexican american, racial
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The Right to Confront Witnesses, but not Necessarily at Trial: Predicting a Judge-focused Remedy in Williams v. Illinois
In a recent New York Times op-ed piece, Stanford Law Professor Jeffrey Fisher predicted the outcome of Williams v. Illinois, a case pending in the Supreme Court of the United States. Professor Fisher has argued that “a logical application of … Continue reading
Posted in Articles, Legal Issues
Tagged confrontation, criminal, evidence, trial, wintnesses
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No Expertise Required: How Washington D.C. Has Erred in Expanding Its Expert Testimony Requirement
In 2005, Marlin Godfrey brought a diversity action in the United States District Court for the District of Columbia against Allen Iverson and his bodyguard, Jason Kane, stemming from a brawl at Eyebar, a Washington, D.C. nightclub. Godfrey alleged that … Continue reading
Posted in Articles, Legal Issues
Tagged err, evidence, expert, testimony, Washington D.C.
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Padilla v. Kentucky‘s Inapplicability to Undocumented and Non-Immigrant Visitors
The Supreme Court’s recognition in Padilla v. Kentucky that the Sixth Amendment right to counsel requires criminal defense attorneys to advise noncitizen defendants of the possibility of deportation prior to pleading guilty promises to lift the veil of misinformation from … Continue reading
Posted in Articles, Legal Issues
Tagged collateral consequences, criminal, criminal law, crimmigration, Immigration, lawful permanent resident, sixth amendment, undocumented
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Special Relationship Bystander Test: A Rational Alternative to the Closely Related Requirement of Negligent Infliction of Emotional Distress for Bystanders
An engaged couple was crossing Washington Street in downtown Indianapolis, Indiana, en route to the county clerk’s office to apply for a marriage license. The bride-to-be noticed a tractor-trailer bearing down on her and her fiancé. Realizing that the truck … Continue reading
Posted in Articles, Legal Issues
Tagged bystander, damages, negligent infliction of emotional distress, nied, torts
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Ready, Aim, Fire: Employing Open Records Acts As Another Weapon Against Public Law School Clinics
“Information is the oxygen of democracy.” Indeed, transparency in government is the essence of any democratic system – without it, corruption is free to thrive in secrecy. Therefore, it is essential to provide the citizenry with freedom of information as … Continue reading
Getting to the Core: Rewriting the No Child Left Behind Act for the 21st Century
Any consideration of the next generation of law-based education reform must address the dual goals of insuring public accountability for all schools to educate all students, as well as insuring every child’s individual opportunity to learn meaningful content. The impending … Continue reading
Posted in Articles, Legal Issues
Tagged Adequate Yearly Progress, Education, Education reform, Elementary and Secondary Education Act, No Child Left Behind Act
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Multiple Defendant Cases: When the Death Penalty is Imposed on the Less Culpable Offender
When more than one person is involved in a crime resulting in death, in most jurisdictions the felony murder doctrine operates to render everyone equally responsible for murder. Lay people often find it surprising, and somewhat disturbing, that the “lookout” … Continue reading
Posted in Articles, Legal Issues
Tagged Capital punishment, Crime and Justice, Death Penalty, Life imprisonment, Murder
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“Using Persons” and the Justification of Punishment
The short essay that follows has a very modest ambition. I want to explain why I have difficulty understanding a common motif in discussions of the moral status of criminal punishment. The goal is to stimulate other, more acute scholars … Continue reading
Posted in Articles, Legal Issues
Tagged Crime and Justice, Punishment, Retributive justice
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Vernor v. Autodesk: An Erosion of First Sale Rights
The first-sale doctrine is a long-standing exception to the exclusive right to distribution granted under copyright law. It provides that a copyright holder, after the initial sale of a copy of a work, has no right to control any downstream … Continue reading
Posted in Articles, Legal Issues
Tagged Copyright, First Sale Doctrine, Intellectual property
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