By Grace M. Giesel* Introduction The United States judicial system is in the midst of great and fundamental change with regard to the funding of litigation. Historically, parties financed litigation out of their own literal or figurative pockets or, perhaps, with the assistance of some sort of contingent fee representation.[1] Third-party financing of litigation was frowned upon, […]
By Beverly Cohen* Introduction On June 23, 2011, the United States Supreme Court, in Sorrell v. IMS Health Inc.,[1] determined that Vermont’s law prohibiting pharmacies from selling prescription data to “data-mining companies” violated the Free Speech Clause of the First Amendment.[2] Data miners purchased the prescription data to aggregate and resell it to pharmacy manufacturers for marketing purposes.[3] […]
By Farina,* Epstein,** Heidt,*** Newhart,**** and CeRI***** Introduction Why is it . . . that in the middle of listening to someone give their side of a problem I have a natural inclination to make a list, to break their story down into parts such as issues and concerns? But, when I ask them about issues, […]
By Emma A. Maddux Introduction In November 1983, two-year-old baby Tilikum was torn from his family near Iceland and sold to an entertainment enterprise. He was forced to perform eight times a day, seven days a week and he shared a small metal compartment with two other captives. Tilikum has been attacked several times; he has […]
By Elizabeth Sargeant The Constitution protects each of us from unreasonable searches and seizures.[1] Police officers may not enter our homes without a warrant issued by a neutral magistrate on a showing of probable cause.[2] This procedural safeguard may be overlooked, however, when exigent circumstances arise and make a warrantless search reasonable.[3] Exigent circumstances include emergency, […]
By Suzanne Reynolds* and Ralph Peeples** Introduction For a number of years now, the law has encouraged judges in domestic violence court to address child custody when a parent who receives a protective order asserts that custody is in issue between the parties. Despite our intuition that judges should address custody in these circumstances, they have been reluctant […]
By Carol Andrews* General personal jurisdiction—whereby a state court asserts jurisdiction over a defendant on claims unrelated to the defendant’s activities in the forum state—has long been a doctrine with uncertain parameters. It was the primary, but untested, form of personal jurisdiction under Pennoyer v. Neff.[1] The Supreme Court in International Shoe Co. v. Washington[2] recognized general jurisdiction […]
By: Douglas E. Abrams* Introduction On August 5, 2010, a Kentucky jury convicted Karen Sypher on six counts of extortion, lying to federal investigators, and retaliating against a witness.[1] The federal prosecution stemmed from a one-night sexual encounter between Sypher and University of Louisville men’s basketball coach Rick Pitino at a local restaurant in 2003. […]
By: Scott R. Bauries* Introduction A constitution is an instrument of entrustment. By adopting a democratic constitution, a polity places in the hands of its elected representatives its trust that those representatives will act to pursue the ends of the polity, rather than their own ends, and that they will do so with an eye […]
By: Eric A. Johnson* Introduction Substantive background principles play a critical role in the courts’ interpretation of criminal statutes, particularly where the subject of mens rea is concerned.[1] As Professor Dan Kahan has said, “criminal statutes typically emerge from the legislature only half-formed.”[2] The effect of these “incompletely specified criminal statutes” is a tacit delegation […]
By: Scott W. Lyons* Introduction For the past two decades, the exhaustive discourse concerning a duty to prosecute crimes against humanity primarily discussed the transition to democracy, replacing authoritarian regimes, and the resultant responsibility of the incoming government to hold the previous government accountable for serious atrocities.[1] As this situation described a predominant international issue […]