Monthly Archives: December 2004
Guilt by Expressive Association: Political Profiling, Surveillance and the Privacy of Groups
This Article maintains that the First Amendment-based right of expressive association, interpreted most recently in Boy Scouts v. Dale, can protect political and religious associations from intrusive law enforcement investigations…
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Text and Circumstance: Warranty Disclaimers in a World of Rolling Contracts
This Article provides a flexible test based on language in Article 2 of the Uniform Commercial Code that validates certain disclaimers “unless the circumstances indicate otherwise.” The test would enable…
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Class Action Lawyers as Lawmakers
This Article focuses on the lawmaking incentive problem inherent in class actions, and specifically on class action complaints. Because a class action lawyer prepares a complaint without knowing whether a…
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State v. Hickman: Redefining the Role of Peremptory Challenges
The issue in this case was whether it should continue to follow the automatic reversal rule in Huerta or, in the alternative, join those states that have adopted the principles…
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Weighing in on the Scales of Justice: The Obesity Epidemic and Litigation Against the Food Industry
This Note examines the obesity epidemic and the lawsuits filed against the food industry. It considers the potential success of the obesity lawsuits and the degree to which the government…
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FOIA Frustration: Access to Government Records Under the Bush Administration
This Note argues that the Bush administration has improperly invoked the national security, law enforcement, and critical infrastructure information exceptions to the Freedom of Information Act to deny valid requests.
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State v. Dean: Redefining Arizona Law for Police-Initiated Contact and Automobile Searches Incident to Arrest
The court concluded that, because of the physical distance between Dean and the vehicle and the long lapse of time between the arrest and Dean’s exiting of the vehicle, the…
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Duncan v. Scottsdale Medical Imaging, Ltd.: Restoring a Patient’s Right to Sue for Battery
The Arizona Supreme Court in Duncan v. Scottsdale Medical Imaging, Ltd. struck down parts of Arizona’s Medical Malpractice Act as being inconsistent with the Arizona Constitution.
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Biotechnology in the Federal Circuit: A Clockwork Lemon
In this short presentation I will attempt to accomplish a couple of different goals. First, I will discuss a series of recent cases that set out the doctrine for biotechnology…
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Protecting the Public Domain of Science: Has the Time for an Experimental Use Defense Arrived?
Addresses questions about the public domain of science, whether it needs protecting, and whether patent law requires a new experimental use defense to maintain a robust, creative environment for modern…
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The War on Jurisdiction: Troubling Questions About Executive Order 13303
On May 22, 2003 President Bush issued Executive Order 13303, “Protecting the Development Fund for Iraq and Certain Other Property in Which Iraq Has an Interest.” This Essay argues that…
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Fingerprints and the Daubert Standard for Admission of Scientific Evidence: Why Fingerprints Fail and a Proposed Remedy
This Note attempts to provide a partial solution to the problem established by Daubert, whose language seems to mandate the exclusion of fingerprint evidence.
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Dreaming of an Equal Future for Immigrant Children: Federal and State Initiatives to Improve Undocumented Students’ Access to Postsecondary Education
This Note argues that undocumented students in the U.S. desperately need changes in the law. The most effective way to ensure these students realistic access to post-secondary education is to…
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