Content Posted in 2015 | St. John's Law Scholarship Repository | St. John's University School of Law Research

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Content Posted in 2015

A Collective Good: Disability Diversity as a Value in Public Sector Collective Bargaining Agreements, Carrie Griffin Basas

African American Student Enrollment and Law School Ranking, Alfred L. Brophy

A Natural Law Approach to an Issue of the Day: A Critique of the (Equality) Justification for Same Sex Marriage, Robert John Araujo, S.J.

An Unnecessary Gray Area: Why Courts Should Never Consider Race in Child Custody Determinations, Kathryn Beer

A Patient's Right to Choose is not Always Black and White: Long Term Care Facility Discrimination and the Color of Care, Sara Gronningsater

A Picture Says A Thousand Words: Applying FOIA's Exemption 7(C) to Mug Shots, Rebecca Rosedale

A Tale of Two Cities: The Residential Landlord's Duty to Mitigate in New York, Jeremy N. Sheff

A Teacher Who Looks Like Me, Chris Chambers Goodman and Sarah E. Redfield

Autism and the Criminal Defendant, Christine N. Cea

Bankruptcy Reform and Economic Recovery, G. Ray Warner

Born in the USA but Not a Citizen? How the Birth Visa can Solve Today's Immigration Challenges, Ronald Rizzo

Breaking Bad Science: Due Process as a Vehicle for Postconviction Relief When Convictions are Based on Unreliable Scientific Evidence, Vincent P. Iannece

Breaking the Ice: Expanding the Class of "Issue" to Include Posthumously Conceived Children, Daniel C. Perrone

Bringing More Finality to Finality: Conditional Consent Judgments and Appellate Review, Thomas A. Engelhardt

Broader is Better: How Courts Should Determine Whether or Not an Allegation of Fraud Falls under the Preemption Provision of the Securities Litigation Uniform Standards Act, Jennifer Rose Roeske

Business and Commercial Litigation in Federal Courts (3D ED.), Edited by Robert L. Haig, James M. Wicks

Can You Understand this Message? An Examination of Hurley v. Irish-American Gay, Lesbian & Bisexual Group of Boston's Impact on Spence v. Washington, Sandy Tomasik

Cars as an Appropriate Vehicle for Communication? Exploring "The Short, Though Regular, Journey" from the Windshield to the Pavement, Nicole Rubin

Caught in a Time Warp: The Education Rights of English Language Learners, Rosemary Salomone

Child Soldiers in America: Criminal Manipulation of Minors, Elizabeth Mastropolo

Chimpanzee Use in Invasive Biomedical Research: The One-Percent Difference that Affects One-Hundred-Percent of the Studies, Samantha Fox

Civil Unions Reconsidered, John G. Culhane

Colonial Relics: Unearthing the Lingering Tyranny of Colonial Discourse in U.S. - Caribbean Immigration Law and Policy, Glenys P. Spence

Constitutional Remedies: Reconciling Official Immunity with the Vindication of Rights, Michael L. Wells

Crimes Involving Moral Turpitude: In Search of a Moral Approach to Immoral Crimes, Patrick J. Campbell

Crossing the Border Through Immigration, Importation, Illicit and Other Means and the Implications for Human and Civil Rights, Anna Williams Shavers

Culture Shifting at Warp Speed: How the Law, Public Engagement, and Will & Grace Led to Social Change for LGBT People, Stacey L. Sobel

Cutting Out the Middleman: Why "Look and Feel" Should Be Ignored in Trade Dress Law, Nicholas DiMarino

Death of a Salesman: The Rise & Unfortunate Potential Demise of the Full-Time Life Insurance Salesman, Robert M. Rosh

Decoupling the Law of Will-Execution, Mark Glover

Denial and Concealment of Unwanted Pregnancy: "A Film Hollywood Dared Not Do.", Susan Ayres and Prema Manjunath

Denial of Hope: Sentencing Children to Life in Prison without the Possibility of Parole, Ashley Kloepfer

Direct Tuition Payments Under the Individuals With Disabilities Education Act: Equal Remedies for Equal Harm, Katie Harrison

Dispute Resolution Lessons Gleaned from the Arrest of Professor Gates and "The Beer Summit", Elayne E. Greenberg

DNA Collection at Birth: A Uniform System of Identification, Lena M. Carlucci

Don't Crimp the Pipe, or Dam the River, at the Law School Door, Placido G. Gomez, BarbaraKaye Miller, Hermelinda L. Alvarez, and Dr. Eric Romero

Double Damages or Nothing: Whether Medicare Advantage Organizations Have a Private Cause of Action Under the Medicare Secondary Payer Act, Jennifer A. Prevete

Double Time for One Crime: Criminal Sentencing and Civil Commitment for Sex Offenders, Bradley Small

Dr. Panopticon, or, How I Learned to Stop Worrying and Love the Drone, Caren Myers Morrison

Due Date: Enforcing Surrogacy Promises in the Best Interest of the Child, Browne C. Lewis

Economic Damages Under the Oil Pollution Act of 1990: The Case for the Exclusion of a Proximate Cause Requirement, Emily C. Adler

Eighteen Years Old and Ready for Driving, Cigarettes and War, but not Basketball: Why the NBA is Committing a Foul on the Age Eligibility Rule, Brian Lovell

Emancipate the FLSA: Transform the Harsh Economic Reality of Working Inmates, Patrice A. Fulcher

English Fluency Requirements for Teachers in Massachusetts: A Title VII Analysis, Belma Krijestorac

Ensuring Protection of Juveniles' Rights: A Better Way of Obtaining a Voluntary Miranda Waiver, Yekaterina Berkovich

Examining the "Stick" of Accreditation for Medical Schools through Reproductive Justice Lens: A Transformative Remedy for Teaching the Tuskegee Syphilis Study, Deleso Alford Washington

Exclusionary Conduct in Antitrust, Elyse Dorsey and Jonathan M. Jacobson

Felon Disenfranchisement: An Inherent Injustice, Christopher Haner

Felony Disenfranchisement in Florida: Past, Present, and Future, Allison J. Riggs

Fixation: An Obsessive or Unhealthy Preoccupation or Attachment, Katherine L. Vaughns

Fragmenting the Community: Immigration Enforcement and the Unintended Consequences of Local Police Non-Cooperation Policies, Natashia Tidwell

From Peer-to-Peer Networks to Cloud Computing: How Technology is Redefining Child Pornography Laws, Audrey Rogers

From Radical to Practical (and Back Again?): Reparations, Rhetoric, and Revolution, Kaimipono David Wenger

Google News and Public Policy's Influence on Fair Use in Online Infringement Controversies, Rowan F. Reynolds

Grounding Land Reform: Toward a Market-Compatible Approach to Land Reform, Shelley Cavalieri

Harmonizing 18th Century Constitutional Perspectives with 21st Century DNA Technology under the Fourth Amendment, Gil Auslander

Here in My Car: The Crossing of Miranda and Terry at the Intersection of Custody During Stops, Christopher Lynch

Homosexuality in High School: Recognizing a Student's Right to Privacy, Bari Nadworny

Honey, I'm Home: Addressing the Problem of Officer Domestic Violence, Jacqueline M. Mazzola

Ignoring the Lessons of History: How the "Open Borders" Myth Led to Repeated Patterns in State and Local Immigration Control, Michelle R. Slack

I'm a Convention, Hear Me Roar: A Call for the United States to Ratify the Convention on the Elimination of All Forms of Discrimination Against Women, Eileen P. Ward

Immigration and the Failure of Federalism, David Thau

Including Diversity in U.S. News' Rankings: One Small Step in the Right Direction, Alex M. Johnson, Jr.

In Defense of a More Coherent Approach to Executive and Rank and File Compensation, Susan J. Stabile

In Favor of a 'Bail-In': How a Trillion Dollars Might be Better Used to Start a Recovery, J. Scott Colesanti

Into the Amazon: Clarity and Transparency in FTC Section 5 Merger Doctrine, Christina C. Ma

Is Achieving Equal Educational Opportunity Possible? An Empirical Study of New York State Public Schools, Anthony Francis Bruno

Is it Time to Redefine the Negro Lawyer?, Victoria L. Brown-Douglas

Islam and Homosexuality: Religious Dogma, Colonial Rule, and the Quest for Belonging, Shafiqa Ahmadi

Islamic Commercial Law and Social Justice: Shari'ah-Compliant Companies, Workers' Rights, and the Living Wage, Susan C. Hascall

Issues of Race in the Age of Obama, Lawrence Joseph

Last Prophylactic Standing: Why the Quarles' "Public-Safety Exception" Should not Be Expanded to Excuse Edwards Violations that Occur During Exigent "Public Safety" Circumstances, Timothy Salter

Law on the Front Lines: Pushing the Boundaries of "Marriage", Julia Belian

Law Teaching and Social Justice: Teaching Until the Change Comes, Stephanie Y. Brown

Learning from Lebron: The Suspicionless Drug Testing of TANF Applicants, Frank G. Barile

Let Ghosts Be Ghosts, Toni L. Mincieli

Loosening the Grips of the Contract Claws: How a More Balanced Approach Can Help States Address Their Budget Shortfalls, Aaron Barham

Lost in Translation: Notario Fraud - Immigration Fraud, Mary Dolores Guerra

Making Civil Immigration Detention "Civil," and Examining the Emerging U.S. Civil Detention Paradigm, Mark Noferi

Making the Case for Credit Default Swaps: Balancing Liquidity Concerns with Position Limits under Dodd-Frank, Andrew Cali-Vasquez

Marriage and Other Domestic Relationships: Comparative and Critical Equality Analysis of Differences in Form and Substance, Lynn D. Wardle

Marrying Up: The Unsettled Law of Immigration Marriage Fraud and the Need for Uniform Statutory Guidelines, Michael Virga

"Membership in a Particular Social Group": Why United States Courts Should Adopt the Disjunctive Approach of the United Nations High Commissioner for Refugees, Hannah McCuiston

Memorial Tribute to David D. Siegel, Harold F. McNiece

Might Houses of Worship Enable Currently Uninsured, Economically Disadvantaged Individuals to Obtain Affordable Health Care Insurance?, Nina J. Crimm

Minority Banks in New York City: Is the Community Reinvestment Act Relevant?, Tarry Hum

Mortgage Foreclosures, Mortgage Morality, and Main Street: What's Really Happening?, Jennifer M. Smith

New York's Post-Verdict Scheme for the Treatment of Insanity Acquittees: Balancing Public Safety with Rights of the Mentally Ill, Larry Cunningham

No Country for Old Men?: The Non-Preclusive Effect of the Age Discrimination in Employment Act on § 1983 Age Discrimination Claims, Lauren Tauro

No Se Habla Espanol: Ethical and Practical Considerations for Non Spanish-Speaking Attorneys Representing Spanish-Speaking Clients, Kia H. Vernon

Of Third-Party Bathwater: How to Throw Out the Third-Party Doctrine While Preserving Government's Ability to Use Secret Agents, Amy L. Peikoff

On Checkbox Diversity, Philip Lee

Payment Systems, Consumer Tragedy, and Ineffective Remedies, Marc L. Roark

People v. Wrotten: The Need for Statutory Regulation of the Use of Two-Way Live Video Testimony in Criminal Trials, Brittany Gurrieri

Plight of the Non-Debtor Tenant: A Relevant Interest in a Bankruptcy Proceeding, Benjamin J. Casper

Pope Benedict XVI, (President?) Ron Brown, and Workers' Rights, David L. Gregory

Problem-Solving Litigation for the Elderly: An Eventual Shift with a Cautionary Approach, Nadav Zamir

Professional Responsibility and Liability Aspects of Vereins, the Swiss Army Knife of Global Law Firm Combinations, Douglas R. Richmond and Matthew K. Corbin

Prologue, Pamela J. Meanes

Protecting American Innovators by Combating the Decline of Patents Granted to Small Entities, W. Keith Robinson

Protecting the Consumer: Ensuring Uniformity in the Federal Courts When Named Plaintiffs Assert Claims Against Unpurchased Products, Michael G. Lewis

Race, Class, and Structural Discrimination: On Vulnerability within the Political Process, Atiba R. Ellis

Racial Complexity and the Elementary and Secondary Education Act, Craig Livermore

Reading Poets, Joseph P. Tomain

Reasonable Precaution for the Individual, Dov Waisman

Reckoning with Employment Discrimination in a "Post Racial" Era, David A. Lacy and Alexandra S. Ray

Reclaiming Our Essential Freedom to Determine Who May Be Admitted to Study Law, Jeffrey Evans Stake

Reconciling the Sex Offender Registration Act and the Family Court Act: Why the New York Legislature Should Allow Consideration of Prior Juvenile Delinquency Adjudications in Sora Risk Level Determinations, Samuel J. Bazian

Recovering from the Recovery: Law and Contemporary Processes of Accumulation by Dispossession, Charles R.P. Pouncy

Reexamining School Liability and the Viability of a Special Relationship Claim in the Aftermath of Deshaney v. Winnebago County Department of Social Services, Anita Binayifaal

Reintegrating Citizens: Felon Enfranchisement, Realignment, and the California Constitution, Hadar Aviram and Jessica L. Willis

Reshaping the Last Mile: Amending the Telecommunications Act to Spur Competition in the Broadband Internet Market, Andrew Lipkowitz

Revival or Revolution: U.S. Trust's Role in the Contracts Clause Circuit Split, Michael Cataldo

Role Models: Theory, Practice, and Effectiveness among Latina Lawyers, Melinda S. Molina

Rule 55: Why Broadly Interpreting "Otherwise Defend" Protects a Diligent Party's Rights and Encourages an Orderly and Efficient Judicial System, Jessica Ruoff

Secondary Liability under Section 10(b) of the Securities Act of 1934 and Rule 10b-5 Post-Stoneridge, Robert Van De Veire

Sense and Sentencing: Our Imprisonment Epidemic, Michael A. Simons

Shining a Light: The Need for Independent Oversight in Juvenile Justice Facilities and Reform of the Prison Litigation Reform Act, Christine Bella

Single, Young Female - Seeking Asylum: The Struggles Victims of Sex Trafficking Face under Current United States Refugee Law, Diana Squillante

Social Justice in the Surrogate's Courts, Margaret Valentine Turano

Societal Properties and Law on Same-Sex Non-Marital Partnerships and Same-Sex Marriage in European Union Nations, Larry D. Barnett and Pietro Saitta

St. John's School of Law - 2013 Commencement Exercises, Hon. Jonathan Lippman

St. John's University School of Law - 2013 An Introduction to the Symposium, Alina Camacho-Gingerich

Supplemental Needs Trusts: The Movement Towards Reformation, Matthew M. Shatzkes

Suspicious Suspect Classes - Are Nonimmigrants Entitled to Strict Scrutiny Review under the Equal Protection Clause?: An Analysis of Dandamudi and LeClerc, John Harras

"Taking the Fifth" Beyond Trial: § 1983 Claims for Pre-Trial Use of Coerced Statements Affirms One's Right Against Self-Incrimination, Paulo C. Alves

The Big Bad Internet: Reassessing Service Provider Immunity Under § 230 to Protect the Private Individual from Unrestrained Internet Communication, Molly Sachson

The Bitter Side of Sweet Sixteen: Why New York Should Amend Its Juvenile Transfer Laws, Jordan K. Hummel

The Celebration of the 40th Anniversary of Ronald H. Brown's Graduation from St. John's School of Law, Leonard M. Baynes

The Community Reinvestment Act: Guilty, but Not as Charged, Raymond H. Brescia

The Constitutionality of Lengthy Term-of-Years Sentences for Juvenile Non-Homicide Offenders, Rebecca Lowry

"The Divine Institution of Marriage": An Overview of LDS Involvement in the Proposition 8 Campaign, Kaimipono David Wenger

The Electronic Document Retention System Ate My Homework: Gross Negligence and the Rebuttable Presumption of Prejudice within the Doctrine of Spoliation in Federal Courts, Tristan Evans-Wilent

The Fate of Native American Diversity in America's Law Schools, Raymond Cross

The Fourth Amendment and Surveillance in a Digital World, Arthur Leavens

The Imperial Judiciary's New Robes, William C. Duncan

The Indefinite Quarantine: A Public Health Review of Chronic Inconsistencies in Sexually Violent Predator Statutes, Isaac D. Buck

The Invisible Prison: Reconciling the Constitutional Doctrines of Coercive Terry Stops and Miranda Custody, Brooke Shapiro

The Justice Element of Promissory Estoppel, Orit Gan

The Muslim Manchurian Candidate: Barack Obama, Rumors, and Quotidian Hermeneutics, Bryan Adamson

The Need for Speed and Judicial Notice: New York's Admissibility of Lidar Technology in Law Enforcement, John D. Chillemi

The Need to Resurrect Section 5 of the Voting Rights Act of 1965, Keesha M. Middlemass

The New "Illegitimate Child": How Parochial Schools are Imputing Discrimination Against Homosexuals to Children of Homosexual Parents and Getting Away with It, Daniel Makofsky

The Privacy of Death on the Internet: A Legitimate Matter of Public Concern or Morbid Curiosity, David Hamill

The Shortcomings of New York's Long-Arm Statute: Defamation in the Age of Technology, Robert D. Nussbaum

The Tenure Tax: Social Security Withholdings on Academic Retirement after University of Pittsburgh v. United States, Christopher Meskill

The Terrorist Expatriation Act: Unconstitutional and Unnecessary. How the Proposed Legislation is Unconstitutional and Redundant, Lauren Prunty

The United States Criminal Justice System: Protecting Constitutional Rights and National Security, Christie Tomm

Too Big to Fail, Too Big Not to Know: Financial Firms and Corporate Social Responsibility, Z. Jill Barclift

Truly Protecting the Consumer in Light of the Subprime Mortgage Crisis: How Generally Applicable State Consumer Protection Laws Must be a Key Tool in Keeping Lending Institutions Honest, Alexander Bader

Unfair Practices and Practicing Attorneys: Should the Fair Debt Collection Practices Act Apply to Communications between Debt Collectors and Debtors' Attorneys?, Yosefa A. Englard

Untying the Knot: Extending Intestacy Benefits to Non-Traditional Families by Severing the Link to Marriage, Peter J. Harrington

Using the Flexibility of the Affordable Care Act to Reduce Health Disparities by Creatively Structuring Health Insurance Exchanges, Kimberly Cogdell Boies

U.S. News' Views on Including Diversity in Our Best Law Schools Ranking, Robert Morse

Vesting Retirement Benefits: Revisiting Yard-Man and Its Unacknowledged Presumptions, Raymond A. Franklin

Volume 25, Fall 2010, Issue 1

Volume 25, Spring 2011, Issue 3

Volume 25, Summer 2011, Issue 4

Volume 25, Winter 2011, Issue 2

Volume 26, Fall 2011, Issue 1

Volume 26, Spring 2012, Issue 3

Volume 26, Summer 2013, Issue 4

Volume 26, Winter 2012, Issue 2

Volume 27, Fall 2013, Issue 1

Volume 27, Spring 2014, Issue 2

Volume 27, Winter 2014, Issue 3

Volume 27, Winter 2015, Issue 4

Volume 28, Summer 2015, Issue 1

Volume 88, Fall 2014, Number 3

Volume 88, Spring 2014, Number 1

Volume 88, Summer 2014, Number 2

Volume 88, Winter 2014, Number 4

Volume 89, Spring 2015, Number 1

Weighing the Constitutionality of State Immigration Verification Laws in the Wake of Arizona v. United States, Patrick J. Charles

Who Bails? A Multivariate Analysis of Bailouts Under Section 4 of the Voting Rights Act, David Blanding and Shane Grannum

Who Knows Best? The Appropriate Level of Judicial Scrutiny on Compulsory Education Laws Regarding Home Schooling, Linda Wang

Why Title VII's Participation Clause Needs to Be Broadly Interpreted to Protect Those Involved in Internal Investigations, May M. Mansour

Willful Ignorance, Culpability, and the Criminal Law, Alexander F. Sarch

With a Sense of Urgency: Making Diversity Matter in Law School Admissions, Hazel Weiser

Women's Rights are Human Rights Redux: Ain't I A Human?, Ann Piccard

Youth Matters: The Need to Treat Children like Children, Vincent M. Southerland