Archive for the 'Notes' Category



Social Networking v. The Employment-at-Will Doctrine: A Potential Defense for Employees Fired for Facebooking, Terminated for Twittering, Booted for Blogging, and Sacked for Social Networking

Everyone is doing it: Grandma Margaret, Ginkgo the Black Labrador, and even President Obama have all jumped into the social networking craze via Facebook and a host of other social media options now available in cyberspace. With more than 800 million active Facebook users, over half of which visit the site daily, more than 181 [...]

Categories: In Print, Notes, Volume 89, Volume 89-3 | Posted: February 7, 2012


How ‘Reasonable’ Has Become Unreasonable: A Proposal for Rewriting the Lasting Legacy of Jackson v. Indiana

Inquiry into a defendant’s competence to stand trial has been termed “the most significant mental health inquiry pursued in the system of criminal law.” As a result, competency to stand trial is one of the most widely debated concepts in criminal jurisprudence. Proposals for upheaval and revision of the doctrine of competence to stand [...]

Categories: In Print, Notes, Volume 89, Volume 89-3 | Posted: February 7, 2012


Sex Offenders Are Different: Extending Graham To Categorically Protect the Less Culpable

Phillip Alpert was seventeen years old when his then-sixteen-year-old girlfriend sent him nude photos. A year later at age eighteen, during a breakup, Alpert made an error in judgment. He went online and forwarded the pictures to his girlfriend’s email contact list. He was arrested and charged with seventy-two offenses, including lewd [...]

Categories: In Print, Notes, Volume 89, Volume 89-2 | Posted: February 3, 2012


Effective Taxation of Carried Interest: A Comprehensive Pass-through Approach

Taxation of “carried interest” has been the subject of much recent scholarship. Articles have discussed the unfairness of taxing carried interest differently than other compensation for services, and addressed the dangers inherent in subjecting an intrinsically mobile tax base to rates higher than those presently applied to carried interest by the Internal Revenue [...]

Categories: In Print, Notes, Volume 89, Volume 89-2 | Posted: February 3, 2012


Missouri’s Health Care Battle and Differential Judicial Review of Popular Lawmaking

The appeal of popular lawmaking, one of the few ways in which citizens of our country may make their wishes directly known without elected officials acting as intermediaries, is obvious. Whether via citizen-initiated petition or propositions from the legislature, more than half the states currently provide their citizens with the opportunity to enact laws through [...]

Categories: In Print, Notes, Volume 89, Volume 89-1 | Posted: November 13, 2011


Bringing RICO to the Ring: Can the Anti-Mafia Weapon Target Dogfighters?

Dog Number 118 had no front lips. Her nose was torn and lopsided. Her crooked, broken teeth stood out without protection, constantly exposed to the air. Scar tissue layered her snout. When approached, her handlers warn that she’s “a licker.”
Known to her caretakers as Fay, Number 118 was one of the more graphic surviving illustrations [...]

Categories: In Print, Notes, Volume 89, Volume 89-1 | Posted: November 13, 2011