Thomas Jefferson Law Review

Articles

Vol. 36, No. 2, Spring

Voir Dire in a Digital World: A Model for Ethical Internet Investigation of the Venire
I. INTRODUCTIONToday the Internet opens the door for litigants to instantly learn about a prospective juror's private life. A juror's "digital fingerprint" may provide useful insight for attorneys in the exercise of peremptory or cause challenges during...
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The Futility of Tax Protester Arguments
I. INTRODUCTIONWhen a tax professional makes known he or she is a tax professional, there are three common responses: (1) commentary on the choice of profession, such as, "Isn't that boring?" (2) a request for tax advice, such as, "Can I deduct . . ....
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Innocent beyond a Reasonable Doubt: Granting Federal Habeas Corpus Relief to State Prisoners with Freestanding Actual Innocence Claims
INTRODUCTIONAlan Gimenez's wife gave birth to their daughter, Priscilla, on June 25, 1991, after a complicated birthing process that ended in an emergency C-section.2 This was only the beginning of Alan's traumatic experience. For weeks he sought medical...
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The Injustice of Convicting Sex Trafficking Victims: A Model Vacating Convictions Law
INTRODUCTIONImagine you are a twelve-year-old girl held captive by a man three times your age.2 He explains the rules of the "game" to you and teaches you how to be a prostitute.3 He beats you when you speak to other men and forces you to work from sunup...
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Going Solo: Harmonizing Judicial Treatment of the Work-for-Hire Preclusion to Music Copyright Termination
INTRODUCTIONIt is generally agreed that mutual bargaining undergirds terms to a traditional contract. 2 The presumption of even exchange is challenged in the entertainment industry, however, where talent is a party's most potent playing chip. In January...
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Sorry Doc, Your Disability Doesn't Count: Finding a Cure for Inconsistent Awards of Ltd Benefits to Medical Professionals Recovering from Drug Addiction
INTRODUCTIONA young woman arrives at the hospital to deliver her first child. Dr. X, an anesthesiologist, administers an epidural to ease her labor pains. Shortly after, a nurse finds the mother-to-be cold and blue with no pulse. Dr. X is nowhere to...
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Vol. 34, No. 2, Spring

Punishing Cyberbullies: Using Supreme Court Guidance beyond Tinker to Protect Students and School Officials
(ProQuest: ... denotes text missing in the original.)INTRODUCTIONThe mother of fifteen-year-old Jeffrey Johnston knows the unique and potentially devastating effects of cyberbullying as well as anyone. Her son endured years of bullying both at school...
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What about the Boys? Sacking the Contact Sports Exemption and Tackling Gender Discrimination in Athletics
INTRODUCTIONImagine two student-athletes, Amanda and Josh.; Amanda grew up watching her brothers excel at football. Amanda played in a private tackle football league every weekend as the only female participant. Amanda did not play a non-contact position,...
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Education without Documentation: As Plyler Students Reach New Heights, Will Their Status Make Them Morally Unfit to Practice Law?
(ProQuest: ... denotes text missing in the original.)"The soul who sins is the one who will die. The son will not share the guilt of the father, nor will the father share the guilt of the son"*INTRODUCTIONThe California Committee of Bar Examiners recently...
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There Is No Honor in Honor Killings: Why Women at Risk for Defying Sociosexual Norms Must Be Considered a "Particular Social Group" under Asylum Law
"[The refugees] demand only that the United States, land of refugees and guardian of freedom, cease forcibly driving them back to detention, abuse, and death. That is a modest plea.... We should not close our ears to it."1"The right to life of women....
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Reducing Unauthorized Digital Downloading of Music by Obtaining Voluntary Compliance with Copyright Law through the Removal of Corporate Power in the Recording Industry
"' We're all fed up with talking about piracy.. .It's boring talking about piracy, but it is the problem and we can'tavoid it.'"1I . INTRODUCTIONOne of the most significant issues in copyright law today is the unauthorized sharing of copyright-protected...
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Resistance, Resilience, and Reconciliation: Reflections on Native American Women and the Law
Rare in the field of American Indian Law is the opportunity for celebration, particularly when it comes to legal and political victories for Native American women.' Indians lose the majority of the cases that advance far enough to make it into published...
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