BABY M: AN UNREQUITED INVITATION

In re Baby M presented a truly groundbreaking fact pattern that had not yet been adjudicated in New Jersey, and has achieved a near iconic status, in New Jersey and across the country. Its legacy is somewhat surprising, though, since the case itself did very little in terms of announcing new law. In essence, the… continue reading

DOES MASS PRODUCT TORT LITIGATION FACILITATE OR HINDER SOCIAL LEGISLATIVE REFORM? A COMPARATIVE STUDY OF TOBACCO REGULATION

Michael Moore, Mississippi State Attorney General, triumphantly proclaimed the settlement of the tobacco litigation as “the most historic public health agreement in history.” Since that moment, numerous scholars and public health advocates have lined up to debate the effectiveness of litigation in accomplishing public health policy objectives. No scholar denies the fact that litigation can have… continue reading

STUDENT NOTE: SO SUE ME: HOW CONSUMER FRAUD, ANTITRUST LITIGATION, AND OTHER KINDS OF LITIGATION CAN EFFECT CHANGE IN THE TREATMENT OF EGG-LAYING HENS WHERE LEGISLATION FAILS

Animal welfare groups like the Humane Society of the United States (HSUS) and Compassion Over Killing (COK) are diligent in their efforts to improve the lives of egg-laying hens and continue to push legislation at both the federal and state level to improve farm animal lives, but the process can be slow. What’s more, the… continue reading

SUPERMAX PRISONS: ANOTHER CHAPTER IN THE CONSTITUTIONALITY OF THE INCARCERATION CONUNDRUM

The American prison system has grown and expanded considerably over the past three decades. From 1977-2005, the amount of offenders entering prison increased by approximately 400 percent. Alongside the dramatic increase in the number of inmates came an increase in fiscal expenditures, totaling forty- three billion dollars spent in 2005 to maintain the imprisonment rates… continue reading

THE PRICE OF JUSTICE: HOW THE CAPERTON STANDARD FOR JUDICIAL RECUSAL FELL SHORT, BUT OPENED THE DOOR FOR REFORM OF THE RECUSAL STANDARDS ANYWAY

The role of a judge and his or her resulting discretion over a given case form a powerful and central feature of the legal system in the United States. While it is true that a case is “decided” by a jury, the judge who hears the matter still wields a substantial degree of control over… continue reading

POST-REFERENDUM SUDAN: THE NATION- BUILDING PROJECT AND ITS CHALLENGES

The Comprehensive Peace Agreement (“CPA”), signed on January 9, 2005, brought an end to the brutal civil war (1955-1972; 1983-2005) that engulfed Sudan since its independence in 1956. The CPA was the immediate culmination of the negotiations that ended the hostility between the National Congress Party (“NCP”) and the Sudan People’s Liberation Movement/Army (“SPLM/A”). It… continue reading

WITHOUT RESTORING INSOLVENT UNEMPLOYMENT TRUST FUNDS AND INCREASING FEDERAL RESERVES, THE 2007- 2009 RECESSIONS MAY CAUSE THE DEPLETION OF THE UNEMPLOYMENT TRUST FUND

In light of the recent economic situation in the United States, more individuals have become unemployed, meaning that more individuals have filed for and have obtained unemployment benefits. The purpose of the Federal-State Unemployment Insurance Program is to provide unemployment benefits to workers who are unemployed “through no fault of their own” by giving temporary… continue reading

THE CIRCUIT SPLIT CREATED BY POLLARD V. GEO GROUP, INC.: THE DANGERS OF ALLOWING A BIVENS ACTION WHERE ADEQUATE ALTERNATIVE STATE REMEDIES EXIST

“[T]he States . . . expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.” The above quotation is from the preamble to the Bill of Rights of… continue reading