The Americans With Disabilities Act and Law School Accommodations: Test Modifications Despite Anonymity

Mar 21, 2007 | Notes, Number 2, Print Edition, Volume 40

Title III of the Americans with Disabilities Act (ADA) mandates that law schools provide reasonable accommodations to those students having disabilities under the Act.  Accommodating students during the examination period, however, has proved controversial in law...

From Emergency Law to Legal Process: Herbert Wechsler and the Second World War

Mar 21, 2007 | Lead Articles, Number 2, Print Edition, Volume 40

Herbert Wechsler (1909-2000) was one of the most respected and influential constitutional scholars of the twentieth century.  Today he is usually remembered for his 1959 Holmes Lectures, in which he articulated the ideal of “neutral principles” in law.  One of the...

Constitutional Law—Allowing Excited Utterances to Affect Characterizing Accusatory Statements as Testimonial Statements Contradicts Confrontation Clause Jurisprudence—United States v. Brito, 427 F.3d 53 (1st Cir. 2005)

Mar 21, 2007 | Case Comments, Number 2, Print Edition, Volume 40

The Confrontation Clause of the Sixth Amendment provides every criminal defendant with a procedural right to confront witnesses against him through cross-examination.  Identifying which individuals are witnesses requires a court to determine whether an individual has...

Looking Back on WorldCom: Addressing Underwriters’ Due Diligence in Shelf Registration Offerings and the Need for Reform

Mar 21, 2007 | Notes, Number 2, Print Edition, Volume 40

The nature of the capital market in the United States is such that participants, namely underwriters and issuers, need the opportunity to make timely offerings to seize advantageous market situations.  In addressing the influence of technological advances and the...

Natural Law Originalism for the Twenty-First Century—A Principle of Judicial Restraint, Not Invention

Mar 21, 2007 | Lead Articles, Number 2, Print Edition, Volume 40

Is law more than a mere assertion of power?  This question is often associated with controversial implied right claims such as abortion, assisted suicide, and same-sex marriage, and it has been well-described as “law’s quandary.”  We proclaim ourselves to be a “rule...

Administrative Law—Attorney General Directive Prohibiting Use of Controlled Substances for Physician-Assisted Suicide Invalid—Gonzales v. Oregon, 126 S. Ct. 904 (2006)

Mar 21, 2007 | Case Comments, Number 2, Print Edition, Volume 40

In 1970, Congress enacted the Controlled Substances Act (CSA) to combat drug abuse and to control both the legitimate and illegitimate trafficking of controlled substances.  Under the CSA, the United States Attorney General has the power to revoke a physician’s...