Neuroscience, Brain Damage, and the Criminal Defendant: Who Does It Help and Where in the Criminal Proceeding Is It Most Relevant?

“The state attorney in a capital case will emphasize words such as ‘inherent evil,’ psychopath,’ ‘predator,’ and ‘abuse is no excuse,’ while deeming irrelevant alternative explanations of human behavior other than free will. The prosecutor will not acknowledge that human … Continue reading

Special Education for a Special Population: Why Federal Special Education Law Must Be Reformed for Autistic Children

With a growth rate of 1,148%, Autism is presently the world’s fastest growing developmental disability. According to the Centers for Disease Control and Prevention (“CDC”), approximately in 100 children in the United States are affected by an autism spectrum disorder … Continue reading

Mandate or Myth: Is there a ‘Heightened Standard’ for Redevelopment Area Designations, and if so, From Where Does it Come?

In 2012, New Jersey’s Local Redevelopment and Housing Law (LRHL) governing the use of eminent domain for redevelopment will turn twenty years old. In its first ten years, LRHL enabled virtually unchecked exercises of local government authority to declare “areas … Continue reading

Don’t Blame Crawford or Bryant: the Confrontation Clause Mess is All Davis‘s Fault

In Michigan v. Bryant, a gunshot victim provided responding officers with the identity of the man who shot him as he lay dying in a parking lot. In determining whether the subsequent use of the deceased declarant’s statement at trial … Continue reading

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

Employer Not Vicariously Liable for Employee’s Assault, Says the New Jersey Supreme Court

In Davis v. Devereux Foundation, — A.3d —, 2012 WL 638002 (N.J. Feb. 29, 2012), the Supreme Court of New Jersey declined to hold liable Defendant Devereux Foundation – a national non-profit foundation providing services for persons with emotional, developmental … Continue reading

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

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

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

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