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The Dog Days in American Public Schools: Observations and Suggestions Regarding the Laws, Challenges and Amazing Benefits of Allowing Service Animals to Accompany Children with Special Needs to School
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Fixing Faults in the Current Default Judgment Framework
Get PDFThe current default judgment system is filled with problems. Default judgments are routinely set aside based upon the party’s “excusable neglect” for failing to timely answer. In such cases, the defaulting party’s negligence is essentially condoned because the non-defaulting party is not properly compensated for the delay and the defaulting party is not adequately reprimanded. Even after obtaining a default judgment, the nondefaulting party may have its victory disappear if a motion to set aside is filed shortly thereafter. On the other hand, some parties involved in litigation are ambushed with a default based on improper service. By sitting on the judgment without giving notice or attempting to collect, the nondefaulting party can even manipulate the one-year cutoff date in Rule 60 of the Federal Rules of Civil Procedure regarding the arguments that can be made in the motion to set aside. Fortunately, there are some simple solutions to improve the default judgment framework
Should Foreign Patent Law Matter?
Get PDFOne of the most controversial issues in American law today is the extent to which it is appropriate for courts to consider foreign law when deciding issues of United States law. The debate has engaged the courts, Congress, and commentators, leading to discussions about completely banning references to non-United States law by courts. The reality is, however, that the United States courts often have to address or apply foreign law
Happiness at the House of Mouse: How Disney Negotiates to Create the “Happiest Place on Earth”
Get PDFTrade Dress Functionality: A Doctrine in Need of Clarification
Get PDFThis article proposes, as discussed below, that functionality should generally be broadly interpreted to exclude some trade dress protection, the law of functionality should be clearly articulated to provide notice and consistency in its application, and a single articulation of trade dress should be adopted that can apply to all forms of trade dress
Federal Criminal Procedure - Privilege for Adverse Spousal Testimony Vested in Witness Spouse
Get PDFThe marriage relationship gives rise to two distinct privileges in the federal courts. One, the privilege for adverse spousal testimony, allows a party to exclude the adverse testimony of his or her spouse. The other, the privilege for marital communications, protects confidential communications made to one\u27s spouse during the marriage. The privilege for adverse spousal testimony is used primarily in federal criminal procedure, but there is some authority that the privilege for adverse spousal testimony applies to civil actions. The modern justification for the privilege for adverse spousal testimony is the encouragement of harmony and peace in the marital relationship
Constitutional Law - A New Test for Political Firings
Get PDFThe question of whether a government employee may be dismissed solely because of his political party affiliation is of continuing importance to some twelve and a half million employees at all levels of government. The right to associate with the political party of one\u27s choice is protected by the first and fourteenth amendments to the Constitution of the United States. Therefore, dismissal of a government employee solely because he is a Democrat or Republican infringes on his first amendment right to free political association. Although lower-echelon employees are protected by civil service restrictions on patronage removals, most higher level employees are not