Recently added articles from St. John's Law Review:
SUPREME COURT LAW CLERKS' RECOLLECTIONS OF OCTOBER TERM 1951, INCLUDING THE STEEL SEIZURE CASES*
Oct 01, 2008; ... INTRODUCTIONS GREGORY L. PETERSON[dagger] Welcome. The Robert H. Jackson Center exists to preserve and advance the legacy of Justice Jackson through education, events and exhibitry. Today's special roundtable discussion of the Supreme Court's October Term 1951 is made possible ...
SAME-SEX MARRIAGE: A THREAT TO TIERED EQUAL PROTECTION DOCTRINE?
Oct 01, 2008; ... INTRODUCTION Recent same-sex marriage cases have generated substantial debate in legal, political, and social circles; few, however, give attention to the effect of these cases on legal doctrine itself. As scholars, judges, and justices debate the constitutionality of same-sex marriage ...
CRITIQUE OF MONEY JUDGMENT PART ONE: LIENS ON NEW YORK REAL PROPERTY
Oct 01, 2008; ... Thus when it is said that a creditor has a right to require his debtor to pay his debt, this does not mean that he can remind the debtor that . . . reason itself puts him under obligation to perform this; it means, instead, that coercion which constrains everyone to pay his debts can coexist ...
ARE KERPS ALIVE IN ESSENCE? THE VIABILITY OF EXECUTIVE INCENTIVE BONUS PLANS AFTER 11 U.S.C. § 503(C)(1)
Oct 01, 2008; ... INTRODUCTION Two hundred and eight CEOs and corporate directors from twenty-five of the largest corporations to file for bankruptcy in 2001 and 2002 walked away from their failing companies with gross earnings of $3.3 billion.1 Paid handsomely for utter failure, these "barons of ...
DEPRAVED INDIFFERENCE MURDER IN THE CONTEXT OF DWI HOMICIDES IN NEW YORK
Oct 01, 2008; ... INTRODUCTION On a cloudy, drizzly summer night in 2006, Martin Heidgen met a friend for drinks after work. Later in the evening, he attended a party where he continued to drink. By two o'clock in the morning he had become highly intoxicated. He left the party and proceeded to drive home ....
YOUTUBE TO BE REGULATED? THE FCC SITS TIGHT, WHILE EUROPEAN BROADCAST REGULATORS MAKE THE GRAB FOR THE INTERNET
Oct 01, 2008; ... INTRODUCTION Internet has changed our way of life - television merely the look of our living rooms: The once decorative coffee table around which we used to sit as children whenever our parents forced us to communicate became a mere holding space for plates and mugs. We became ...
TAX EQUALITY: ELIMINATING THE LOW EFFECTIVE MARGINAL TAX RATES FOR PRIVATE EQUITY PROFESSIONALS
Oct 01, 2008; ... INTRODUCTION The issue of income classification - ordinary income versus capital gains income - has received considerable media scrutiny in the past eighteen months with respect to private equity funds,1 as large private equity firms have gone public, and information about their ...
IN MEMORIAM: PROFESSOR JOSEPH J. BEARD (1933-2007)
Jul 01, 2008; ... The editors of the St. John's Law Review respectfully dedicate this issue to Professor Beard. BIOGRAPHY Joseph James Beard's diverse, accomplished life encompassed many places, people, and experiences. Soon after his birth in Winthrop, Massachusetts, his family moved to ...
THREE LIMITATIONS OF TWOMBLY: ANTITRUST CONSPIRACY INFERENCES IN A CONTEXT OF HISTORICAL MONOPOLY
Jul 01, 2008; ... INTRODUCTION In Bell Atlantic Corp. v. Twombly,1 the Supreme Court has thrown litigants and lower courts into confusion by consigning to the dustbin key phraseology2 that has served as a guiding light on motions to dismiss for half a century: that a motion to dismiss should be denied ...
PLAUSIBLE PLEADING: BELL ATLANTIC CORP. V. TWOMBLY
Jul 01, 2008; ... INTRODUCTION Motions to dismiss antitrust cases have gone in and out of favor over the years. There was a time when plaintiffs-especially government plaintiffs-needed to plead little more than that defendants had conspired to fix prices and restrain trade. More recently, many courts ...
TWOMBLY, THE FEDERAL RULES OF CIVIL PROCEDURE AND THE COURTS
Jul 01, 2008; ... INTRODUCTION In 1934, Congress enacted the Rules Enabling Act,1 authorizing the Supreme Court to promulgate uniform rules governing practice and procedure in the federal courts. The Federal Rules of Civil Procedure were thereafter enacted and took effect in 1938.2 A hallmark of the ...
THE AFTER-SHOCKS OF TWOMBLY: WILL WE "NOTICE" PLEADING CHANGES?
Jul 01, 2008; ... INTRODUCTION Bell Atlantic Corp. v. Twombly1 was decided by the U.S. Supreme Court on May 21, 2007, and has already been cited more than 9,400 times as of March 15, 2008.2 The majority decision was not subtle in broadcasting its dissatisfaction with notice pleading,3 at least in large, ...
IDEALIZED IMAGES OF SCIENCE IN LAW: THE EXPERT WITNESS IN TRIAL MOVIES
Jul 01, 2008; ... I. APOLOGIA: LAW AND FILM It is too early to say whether the law-and-cinema discourse will. . . succeed in creating modes of analysis that are capable of withstanding conceptual, empirical, and ethical critique. Ornamenting our jurisprudential analysis with a reference to such or such a ...
THE TROUBLING RISE OF THE LEGAL PROFESSION'S GOOD MORAL CHARACTER
Jul 01, 2008; ... INTRODUCTION The requirement that applicants to the bar possess "good moral character, " although well-established . . . today, appears to be a relatively recent arrival to Anglo-Saxon jurisprudence. For much of American history attorneys distinguished themselves, not by good works and ...
BETTER COMPETITION ADVOCACY
Jul 01, 2008; ... INTRODUCTION Competition authorities from around the world disagree over substantive and procedural issues, such as the standard for anticompetitive unilateral conduct. But one undisputed topic is competition advocacy.1 Competition advocacy, as that term is commonly used, targets ...
UNCLEAR REPUGNANCY: ANTITRUST IMMUNITY IN SECURITIES MARKETS AFTER CREDIT SUISSE SECURITIES (USA) LLC V. BILLING
Jul 01, 2008; ... INTRODUCTION For over a century, American antitrust laws have sought to promote competitive conduct in the market place and to protect consumers from price discrimination, price fixing, and other ill effects of monopolistic behavior.1 The application of antitrust laws to industries ...
RETURN TO SENDER: OFF-CAMPUS STUDENT SPEECH BROUGHT ON-CAMPUS BY ANOTHER STUDENT
Jul 01, 2008; ... INTRODUCTION The right to speak one's mind and express one's ideas is an essential component of American society. This right is secured and protected by the First Amendment of the United States Constitution.1 Each year a high number of alleged First Amendment violations come before the ...
RETHINKING THE ROLE OF THE EXCLUSIONARY RULE IN REMOVAL PROCEEDINGS
Jul 01, 2008; ... INTRODUCTION On December 12, 2006, the Department of Homeland security's Immigration and Customs Enforcement ("DHS ICE") swept up over 12,000 meatpacking workers1 in the largest immigration raid in the Nation's history.2 While secretary of Homeland security Michael Chertoff praised the ...
MAKING A KILLING IN REAL ESTATE: SOLVING THE MYSTERY OF MURDER'S EFFECT ON TENANCY BY THE ENTIRETY IN NEW YORK-A LEGISLATIVE SOLUTION
Jul 01, 2008; ... INTRODUCTION In 1889, sixteen-year-old Elmer E. Palmer murdered his grandfather to secure his inheritance. Fearing that his grandfather's lavish bequest to him would be revoked, Elmer killed his grandfather with poison.1 Elmer never received his inheritance, however, because the New York ...