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

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

The Case of Casey Anthony: Defending the American Jury System

On July 5, 2011, after only eleven hours of deliberation and no request to review evidence, a twelve-person jury found twenty-five year old Casey Anthony not guilty of murdering her two year old daughter, Caylee.1 The two-year old had been … Continue reading

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

Clearing and Trade Execution Requirements for OTC Derivatives Swaps Under the Frank- Dodd Wall Street Reform and Consumer Protection Act

This article examines Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act entitled the “Wall Street Transparency and Accountability Act of 2010” (the “Act”). The Act provides a comprehensive regulatory framework for swap transactions that designates the … Continue reading

New Governance and the Role of Public and Private Monitoring of Labor Conditions: Sweatshops and China Social Compliance for Textile and Apparel Industry/CSC9000T

Effective regulation has three essential components. First, the law must develop standards; second, there must be sufficient monitoring of compliance to detect non-compliance; and third, there must be some form of motivation to avoid non-compliance. The growth in international trade … Continue reading