by charlebois | Mar 20, 2014 | Volume 64, Volume 64, Issue 2
Joseph A. Seiner Volume 64, Issue 2, 287-324 In Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, the Supreme Court introduced a new plausibility pleading standard, abrogating well-established precedent. Under this standard, a plaintiff must now allege enough...
by charlebois | Mar 20, 2014 | Volume 64, Volume 64, Issue 2
Nicholas W. Bramble Volume 64, Issue 2, 325-384 In 1995, the Department of Commerce under President Clinton released a 267-page document arguing that strengthened intellectual property enforcement was necessary to ensure the population of the “national information...
by charlebois | Mar 20, 2014 | Volume 64, Volume 64, Issue 2
Yvonne Lindgren Volume 64, Issue 2, 385-423 In 1973 the Supreme Court in Roe v. Wade both identified a constitutional right of abortion and asserted that “the abortion decision in all its aspects is inherently, and primarily, a medical decision” to be made in...
by charlebois | Mar 20, 2014 | Volume 64, Volume 64, Issue 2
Anne R. Traum Volume 64, Issue 2, 423-468 Courts can address the problem of mass incarceration at sentencing. Although some scholars suggest that the most effective response may be through policy and legislative reform, judicial consideration of mass incarceration at...
by charlebois | Mar 20, 2014 | Volume 64, Volume 64, Issue 2
Douglas B. McKechnie Volume 64, Issue 2, 469-498 This Article suggests that the U.S. Supreme Court’s public figure/private figure dichotomy announced in Gertz v. Robert Welch, Inc. should be abandoned in light of the Internet and Supreme Court jurisprudence that...
by charlebois | Mar 20, 2014 | Volume 64, Volume 64, Issue 2
Dane C. Barca Volume 64, Issue 2, 499-526 Recent developments in DNA testing have enabled forensic scientists to make DNA matches from crime scene samples to family members of criminals in the national DNA database. It is now possible to take a DNA sample from a crime...
