Month: November 2010
The End of the “War”? Sentencing in Drug Cases in the Wake of the Fair Sentencing Act of 2010 by Monica Harris
For decades the Federal Sentencing Guidelines have subjected defendants in drug cases to drastically different sentences depending on whether their offenses involved crack or powder cocaine. Any cursory study of the “War on Drugs” reveals that crack cocaine is much more likely to be used by minority populations, or in low-income areas. Conversely, powder cocaine…
Nov 2010
Restoring Congressional Oversight of International Trade Agreements: The Trade Act of 2009 by Matthew Bohenek
The Trade Reform, Accountability, Development, and Employment (TRADE) Act of 2009, filed by Representative Michael Michaud and Senator Sherrod Brown, proposes to add extra Congressional oversight to trade agreements that are currently negotiated with little such oversight by agents of the executive branch, in particular the United States Trade Representative. Some of these trade agreements,…
Nov 2010
Technology and the Fourth Amendment: Striking a Balance between Efficient Law Enforcement and the Right to Privacy by Gabriel de Corral
I. Introduction The Fourth Amendment to the United States Constitution establishes, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated. …”[i] The development of Fourth Amendment jurisprudence has continuously dealt with emerging technology and how it should be used to…
Nov 2010
Not in My Borders: An Analysis of Arizona’s Support Our Law Enforcement and Safe Neighborhoods Act by Natanya DeWeese
Introduction In 2009, there were approximately 11.1 million illegal immigrants in the United States.[1] In an attempt to address the rampant illegal immigration in Arizona,[2] the Arizona State Legislature passed the Support Our Law Enforcement and Safe Neighborhoods Act, known as Senate Bill 1070 (S.B. 1070).[3] The bill requires Arizona law enforcement officials to verify…
Nov 2010
Stigmatized Silence: The exclusion of HIV and AIDS Sufferers from the “Obamacare” Legal Landscape by Ashley Southerland
I. INTRODUCTION For some time now, American citizens infected with human immunodeficiency virus (HIV) and acquired immune deficiency syndrome (AIDS)[1] have held a tenuous place amidst the substantively ambiguous concentric circles of the healthcare system, insurance regimes, and the law. Literally and legally, these individuals—despite being engulfed in an epidemiological and often-losing battle for their…
Nov 2010
Vanishing Venue: Poof! And You Lose by Stephen Brown
I. Disparate Results for Similarly Situated Plaintiffs Imagine two plaintiffs in Georgia, Alice and Belinda, with very similar claims. Alice was injured by a product that was manufactured and sold in Fulton County, Georgia. Belinda was injured by a similar product, which was manufactured in Fulton County, but which was sold in nearby de Kalb…
Nov 2010
Necessary, but Not a Necessary Evil: Reforming Mandatory Auto Insurance Laws by Miles N. Clark
I. Introduction In March 2009, Housing and Urban Development Secretary Shaun Donovan testified before Congress about the growing danger of a unique low-income housing crisis. He stated that suburban sprawl has decentralized both affordable housing and job opportunities, which has rendered low-income families particularly susceptible to energy cost spikes. Today, low-income suburban families spend nearly…
Nov 2010
New York City Taxation of Corporate REMIC Residual Interest Holders by Mireille Zuckerman
I. Introduction In 2007, the New York Division of Tax Appeals ruled in Delta Financial that the starting point for determining New York State corporate entire net income includes Real Estate Mortgage Investment Conduit (REMIC) excess inclusion.[1] The effect of Delta Financial is that even if a corporation has net losses for a taxable year,…
Nov 2010
The Expansion of California’s Firefighter’s Rule Beyond its Intended Scope by Harley Glazer
The firefighter’s rule is a legal doctrine that prevents a firefighter from recovering from an individual whose ordinary negligence created the fire.[1] While it may seem harsh to disadvantage those who risk their lives to protect society, there are several policy considerations that support the doctrine. First, firefighters should not be permitted to sue for…
Nov 2010
She Take My Money When I’m in Need: Arguments in Favor of Retaining the Willfulness Requirement in the Lanham Act’s Monetary Relief Provision by G. Ian Peng
Introduction Section 35(a) of the Lanham Act[1] addresses monetary remedies for trademark infringement and false designation claims.[2] Before 1999, this section entitled the plaintiff-trademark owner to potentially receive the defendant’s profits, damages sustained by the plaintiff, and the costs of the action, if there is a violation under § 43(a) of the Lanham Act (concerning…
Nov 2010