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

Remediation of Unfair Labor Practices and the EFCA: Justifications, Criticisms, and Alternatives

There is widespread agreement that labor relations in America are in drastic need of reform. The National Labor Relations Board has a record backlog of cases, election disputes are taking unacceptably long to resolve, and unfair labor practices abound throughout … Continue reading

Defining Intellectual Disability: Fetal Alcohol Spectrum Disorders and Capital Punishment

The Center for Disease Control and Prevention estimates that, for every 1,000 live births in the United States, there are between 0.2 and 1.5 cases of a preventable mental disorder, Fetal Alcohol Syndrome (FAS). However, FAS only represents a small … Continue reading

The Vulnerabilities of the Patient Protection and Affordable Care Act and the Tragedy of Repeal

The Patient Protection and Affordable Care Act, (the “ACA”) passed by Congress on March 23 2010, and signed into law by President Barack Obama on March 30, 2010, is the first major health reform legislation to be enacted since 1965 … Continue reading

14 Penn Plaza v. Pyett: Into The Abyss Between Judicial Process and Collectively Bargained Agreements to Arbitrate Individual Statutory Claims

On April 1st, 2009 a bitterly divided United States Supreme Court, by a vote of 5-4, turned the world of labor arbitration on its head. The Court’s opinion in 14 Penn Plaza v. Pyett overturned 35 years of jurisprudence, grounded … Continue reading