Constitutional Law——Say No More: Police Coercion of Self-incriminating Statements Alone Not Violative of Self-Incrimination Clause——Chavez v. Martinez, 538 U.S. 760 (2003)

Dec 20, 2004 | Case Comments, Number 1, Print Edition, Volume 38

The Self-Incrimination Clause of the Fifth Amendment guarantees the privilege against self-incrimination.  Throughout the last century, the United States Supreme Court has broadly interpreted this clause, and has deemed it applicable in a host of situations outside of...

Inherently Difficult Analysis for Inherent and Accidental Biotechnology Inventions

Dec 20, 2004 | Notes, Number 1, Print Edition, Volume 38

Congress, through the actions of the United States Patent and Trademark Office (USPTO), issues patents to “”promote the Progress of Science and useful Arts.””  In exchange for contributing an invention to the public, the USPTO grants to the contributing...

The Mechanics of Judicial Vote Switching

Dec 20, 2004 | Lead Articles, Number 1, Print Edition, Volume 38

In a handful of cases, including the landmark civil liberties case of Hamdi v. Rumsfeld, the United States Supreme Court was divided between upholding, remanding, and overturning a lower court decision, with no majority in favor of any of these three dispositions.  In...

On the Clock: Should State Law Require Child Welfare Workers to Consider Whether There Is Sufficient Time to Obtain Judicial Authorization When Effecting Emergency Removals of Children From Their Parents?

Dec 20, 2004 | Notes, Number 1, Print Edition, Volume 38

The Fourteenth Amendment of the United States Constitution provides that no state shall “”deprive any person of life, liberty or property, without due process of the law.””  Parents have a liberty interest in raising, caring for and maintaining custody of...

When Employers Get “Something for Nothing”: The Need to Impose a Limited Obligation to Disclose in Employment Reference Situations

Dec 20, 2004 | Notes, Number 1, Print Edition, Volume 38

This Note proposes that courts impose a limited legal obligation on employers to respond to reference inquiries when the employer is protected by a legal privilege.  Part II explains the lack of a common-law duty to warn or protect third parties, and its relevance to...

Renewable Energy Permitting on the Outer Continental Shelf: You Call This a Process? Present Considerations and Recommendations for More Precise Ocean Management

Dec 20, 2004 | Notes, Number 1, Print Edition, Volume 38

In November 2001, Cape Wind Associates, LLC (CWA) applied to the United States Army Corps of Engineers (Corps) for a permit to construct a data tower in Nantucket Sound, as the initial stage of a wind power project.  Local citizen organizations filed suits against...