St. John's Law Review

St. John's Law Review is a magazine focusing on Law

Articles from Vol. 84, No. 3, 2010

How Much Do You Really Have to Know?: An Analysis of the Mens Rea Requirement of 21 U.S.C. § 841(c)(2)
INTRODUCTIONThe average American is undoubtedly familiar with the decongestant Sudafed. Often employed to treat symptoms of the common cold and allergies, Sudafed is a household name. When most people purchase Sudafed at their local drug store, however,...
In Memoriam: Dean Emeritus Patrick J. Rohan
(1933-2009)The editors of the St. John's Law Review respectfully dedicate this issue to Dean Emeritus Patrick J. RohanMEMORIAL TRIBUTE TO PATRICK J. ROHAN DEAN EMERITUS AND PROFESSOR OF LAWPatrick J. Rohan's connection to St. John's reaches back more...
Judicial Review of State Legislation: An Ironic Return to Lochnerian Ideology When Public Sector Labor Contracts Are Impaired
INTRODUCTIONRochelle Johnson is a state worker in Sacramento, California. Ms. Johnson's $38,000 annual salary has been cut by approximately fourteen percent due to the state's mandate that more than 200,000 workers take three unpaid days off per month.1...
Keeping the Flies out of the Ointment: Restricting Objectors to Class Action Settlements
It is not the critic who counts, not the man who points out how the strong man stumbled, or where the doers of deed could have done better. The credit belongs to the man who is actually in the arena: whose face is marred by the dust and sweat and blood;...
No Pain, No Gain: The Criminal Absence of the Efficient Capital Markets Theory from Insider Trading Sentencing
INTRODUCTIONMichael Douglas's notorious Wall Street character Gordon Gekko once proclaimed, "I don't throw darts at a board. I bet on sure things. . . . Every battle is won before it is ever fought."1 Mr. Gekko famously epitomized the greed of 1980s...
Not My Brother's Keeper: Accounting Firms Face Increased Securities Claims for Audits Performed by Affiliates in Other Countries
INTRODUCTIONCall it "Enron" with an Italian accent. On Christmas Eve 2003, Parmalat, the world's largest dairy producer and Italy's eighth largest public company, declared bankruptcy in the wake of a massive corporate fraud.1 Parmalat's Chief Executive...
Tax Authority as Regulator and Equity Holder: How Shareholders' Control Rights Could Be Adapted to Serve the Tax Authority
INTRODUCTIONThere has been some hullabaloo about governments worldwide taking equity stakes in troubled banks1 and car companies.2 The surprised and at times outraged tone of the hullabaloo reveals a broadly shared and incorrect belief that governments...
The Benefits of Alternative Dispute Resolution in Common Interest Development Disputes
Feuding with one's neighbor is an American tradition.1 Robert Frost aptly expressed this sentiment in his famous line, "Good fences make good neighbours."2 People take their living situation seriously, and they become irritated when their neighbors interfere...
The Second Amendment under a Government Landlord: Is There a Right to Keep and Bear Legal Firearms in Public Housing?
INTRODUCTIONThere is substantial controversy over the status and scope of the Second Amendment to the United States Constitution, otherwise known as the "right to bear arms."1 While it is clear there is no absolute right to gun ownership, what rights...