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Ellen S. Podgor, Blogs and the Promotion and Tenure Letter, 84 Wash. U. L. Rev. 1109 (2006)Clicking on the button will copy the full recommended citation.
Should blogs count as legal scholarship for purposes of tenure? This essay looks at the line between legal scholarship and service. It considers the value of blogging and the role it should play in a person's tenure review.
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Michèle Alexandre, At the Intersection of Post-911 Immigration Practices and Domestic Policies: Can Katrina Serve as a Catalyst for Change?, 26 Chicano-Latino L. Rev. 155 (2006)Clicking on the button will copy the full recommended citation.
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Susan D. Rozelle, The Principled Executioner: Capital Juries’ Bias and the Benefits of True Bifurcation, 38 Ariz. St. L.J. 769 (2006)Clicking on the button will copy the full recommended citation.
Capital jurors are "death-qualified," or asked to verify at voir dire that their views on the death penalty would not prevent them from serving impartially. Ironically, death qualification itself creates juries unfairly biased toward guilt and death. Empirical investigation has demonstrated this skewing effect for over fifty years, and with the release of the recent Capital Jury Project data, any doubts on this score surely have been laid to rest.
Efforts to ameliorate death qualification's prosecutorial bias have been hamstrung, however, by statutory unitary jury requirements like the one found in the Federal Death Penalty Act. Statutes like these, which require that the same jury that determined guilt also determine punishment, place defendants in a double-bind. Death-qualifying a unitary jury before the conviction stage asks jurors to presume the defendant is guilty before the trial has even begun. Waiting to death-qualify the unitary jury until after conviction, however, means jurors will be asked about their willingness to impose death after having heard all the gristly details of the crime, and not a scrap of evidence in mitigation.
True bifurcation offers an escape from the double-bind, but the unitary jury requirement forbids it. This article considers the rationales for the unitary jury requirement, framed as objections to true bifurcation, and proves them to be illusory. As the only real barrier to the improved fairness true bifurcation offers is the statutory requirement itself, that requirement should be abandoned. Surely the principled executioner would agree.
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Louis J. Virelli, Making Lemonade: A New Approach to Evaluating Evolution Disclaimers under the Establishment Clause, 60 U. Miami L. Rev. 423 (2006)Clicking on the button will copy the full recommended citation.
The debate over evolution instruction in public schools has become one of the most important and contentious debates in America. At the heart of that debate is the controversy over the use of evolution disclaimers, statements that challenge the veracity of evolution as an explanation of human origins. In evaluating the constitutionality of these disclaimers under the Establishment Clause, courts have applied a variety of different standards, including the three-part test articulated by the Supreme Court in Lemon v. Kurtzman. These standards, however, all fail to adequately reflect the proper scope of the Establishment Clause by being either overbroad, under-inclusive, or both. This problem is magnified by the recent development of disclaimers that are facially neutral with regard to religion. The emergence of facially neutral disclaimers necessitates a new standard that is free of the shortcomings of preexisting doctrine while offering a consistent and reliable method of evaluating future generations of disclaimers under the Establishment Clause. This Article proposes such a standard, modeled on the disparate impact test used to evaluate facially neutral discriminatory statutes under the Fifth and Fourteenth Amendments. It concludes that the disparate impact model constitutes a stable, objective approach that not only alleviates the weaknesses of existing Establishment Clause doctrine, but brings needed structure to an active and important area of law.
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Mark D. Bauer, The Licensed Professional Exemption in Consumer Protection: At Odds with Antitrust History and Precedent, 73 Tenn. L. Rev. 2 (2006)Clicking on the button will copy the full recommended citation.
The body of laws intended to protect consumers from unfair and deceptive acts and practices originated from a common body with the antitrust laws. Today, the Federal Trade Commission uses the same sentence of the same statute (Section 5 of the FTC Act) to enforce both its consumer protection and antitrust missions. Most state consumer protection laws specifically state that the laws are to be enforced in a manner consistent with both FTC and federal precedent. Yet many state courts, when considering a case of first impression in consumer protection, do not look to the antitrust laws for at least persuasive precedent. This has led to inexplicable results. Most notably for licensed professionals, the Supreme Court has explicitly held that the antitrust laws apply to licensed professionals; nonetheless, in a number of states, citing no relevant precedent except the original anomalous decision, consumer protection laws have been held to exempt licensed professionals.
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Roberta Flowers, To Speak or Not to Speak: Effect of Third Party Presence on Attorney Client Privilege, 2 NAELA Journal 153 (2006)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner, International Environmental Law: International Legal Developments in Review, 40 American Bar Association Section of International Law Year in Review 197 (2006)Clicking on the button will copy the full recommended citation.
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Darryl Wilson, ACLI Case Notes, 1 American and Caribbean Law News 5 (2006)Clicking on the button will copy the full recommended citation.
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Darryl Wilson, “Let Them Do Drugs,” A Commentary on Random Efforts at Shot Blocking in the Sports Drug Game, 8 Fla. Coastal L. Rev. 53 (2006)Clicking on the button will copy the full recommended citation.
Performance enhancing supplements are a part of most people's everyday life whether it be coffee, cigarettes, Coke, or something "good for you" in a non-pharmaceutical sense of the term. No where is performance enhancement more sought after than in competitive athletics. This article reviews the historical background of performance enhancements and steroid use in sports. It then analyzes the unnecessarily unwieldy assortment of administrative bodies charged with testing, regulation, and disciplining policy offenders. A look at domestic legislative responses follows, along with a review of the disparate court and administrative decisions rendered in this area from both domestic and international bodies. Next, this article will look at some of the practical implications of these decisions to determine if the goal of ridding sports of these enhancements is truly desirable, remotely realistic and reasonably furthered by the actions of the decisions rendered. While some tangible suggestions on how the system can be reformed are offered, they also consider the prospects of simply changing the rewards available for those found to use unauthorized drugs instead of the ineffective approach of instituting after the fact bans and making examples of certain athletes. Without a concerted effort by more unified domestic and international bodies in conjunction with actions by existing or new governmental authorities there really is no hope for stopping illicit drug usage.
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Stephanie Vaughan and Jack M. Graves, The Willem C. Vis International Commercial Arbitration Moot: Making the Most of an Extraordinary Educational Opportunity, 10 Vindobona Journal of International Commercial Law and Arbitration 173 (2006)Clicking on the button will copy the full recommended citation.