ADDRESSING THE CIVIL-MILITARY GAP: ADOPTING A 21ST CENTURY SOLOMON AMENDMENT TO REQUIRE ON CAMPUS ACCESS TO RESERVE OFFICER TRAINING CORP PROGRAMS AT ELITE INSTITUTIONS

Since the beginning of the war in Iraq, there have been 4,377 American military deaths as of the time of this article. One overarching commonality amongst many of these men and women is that they most likely did not attend Reserve Officer Training Corps drill at an elite institution of higher education in the United… continue reading

STATE HIGHER EDUCATIONAL AGENCIES AND THE STATES RESEARCH UNIVERSITY: A TIME WITHIN THE UNIVERSITY TO COLLABORATE ON PUBLIC POLICY AND BUSINESS ENTERPRISE OF COMMUNITY GROWTH

The need for state higher educational agencies and state research universities to perform more than their traditional role requires them to consider taking on the additional role of urging and assisting a municipal, county, or state regional (community) government and businesses to concurrently enhance community growth and integrate and expand economic development. Community, state, and… continue reading

AN ANALYSIS OF THE FCC’S RULING ON FLEETING PROFANITIES AND OBSERVATIONS ON THE ROAD AHEAD FOR THE HIGH COURT

The holder of an FCC broadcasting license takes that franchise “burdened by enforceable public obligations.” Among those public-interest obligations is a duty not to transmit indecent material during times when children are likely to be listening. The duty of licensees to refrain from broadcasting indecent materials was first set out in the Radio Act of 1927…. continue reading

PUNITIVE DAMAGES IN ASBESTOS PERSONAL INJURY LITIGATION: THE BASIS FOR DEFERRAL REMAINS SOUND

In 1991, the federal court system took an important step to slow the tide of asbestos-related bankruptcies that still threatens compensation for the sick. The judge then managing the federal asbestos multidistrict litigation docket (MDL 875), United States District Court Judge Charles Weiner of the Eastern District of Pennsylvania, chose to sever and retain jurisdiction… continue reading

RICCI V. DESTEFANO: SMOKE, FIRE AND RACIAL RESENTMENT

Ricci v. DeStefano involved claims that the City of New Haven, Connecticut discriminated against a group of white and Hispanic firefighters who received the highest scores on two civil service examinations. Statutory claims were asserted under Title VII of the Civil Rights Act of 1964. Two separate constitutional claims alleged violations of the Fourteenth Amendment… continue reading

ADVOCATING EDUCATIONAL ADEQUACY AND MEANINGFUL OPPORTUNITY: THE BALL IS IN THE STATE COURTS

Poverty in the United States of America continues to present a seemingly intractable problem for our society. The percentage of Americans living in poverty climbed to 14.3 percent in 2009, the highest level recorded since 1994. The Census Bureau reported that one in five children is now affected by poverty. One of the foremost problems… continue reading

THE CENTRAL REGISTRY STATUTE FOR ABUSE AND NEGLECT MATTERS IS CONSTITUTIONALLY FLAWED

This discussion identifies two perceived flaws with the Central Registry (Registry) maintained by the Department of Children and Families (DCF). I contend that the Registry statute 1) must allow proof of rehabilitation; and 2) intentionally or unintentionally deems parents perpetually unfit to care for children without the necessary proofs to reach such a destructive determination…. continue reading

WELFARE, INCOME DETECTION, AND THE SHADOW ECONOMY

In the spring of 2009 a humorous parody of the MasterCard Credit Card Company advertising campaign circulated on the Internet, showing an actual photograph of the first lady, Michelle Obama, volunteering at a soup kitchen, having her picture taken by a man waiting in line with his cell phone. View More

ASSESSING THE EFFECTS OF A “LOSER PAYS” RULE ON THE AMERICAN LEGAL SYSTEM: AN ECONOMIC ANALYSIS AND PROPOSAL FOR REFORM

Although the American justice system is derided as expensive, capricious, and prone to abuse, Americans go to court more often—and more expensively—than any other people in the world. The purpose of this paper is to explore the possibility of reducing the incidence of what I will call “abusive litigation” in the United States by replacing… continue reading