St. John's Law Review

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

Articles from Vol. 84, No. 1, Winter

Checking Executive Disregard
"I am constrained by the insuperable difficulty I feel in reconciling the bill with the Constitution of the United States to return it with that objection."- James Madison1"It is emphatically the province and duty of the judicial department to say what...
Church Schisms, Church Property, and Civil Authority
When human relationships fail, litigation often ensues. When those relationships are religious and doctrinal strife produces factional division, courts are limited to secular criteria to decide church property disputes. This sounds simple, but it is...
Court V. Arbitrator: Who Should Decide Whether Prelitigation Conduct Waives the Right to Compel an Arbitration Agreement?
INTRODUCTIONTraditionally, "federal appellate and district courts have primarily decided the equitable defense of waiver [of arbitration] themselves, rather than delegating the question to arbitrators."1 The courts' self-imposed responsibility for deciding...
Gangs of New York Are Terrorists? the Misapplication of the New York Antiterrorism Statute Due to the Lack of Comprehensive Gang Legislation
INTRODUCTIONOn August 18, 2002, friends and family gathered for a baptism party in a church hall on McGraw Avenue in the Bronx, New York.1 Several members of the St. James Boys, a Mexican gang, were attending, including twenty-year-old Edgar Morales...
Giving an Inch, Then Taking a Mile: How the Government's Unrestricted Recovery of Conditional Medicare Payments Destroys Plaintiffs' Chances at Compensation through the Tort System
INTRODUCTIONOn a snowy February morning, Susan Smith, a retired nursery school teacher, aged seventy, who had generally been in good health her whole life, slipped and fell on the steps to her apartment. Ms. Smith's fractured ankle required surgery to...
Incompetence to Maintain a Divorce Action: When Breaking Up Is Odd to Do
I. INTRODUCTIONIf a married person who has not been adjudicated incompetent1 seeks a divorce for reasons that sound very odd, bizarre, or crazy,2 how should the trial court3 respond? If the trial court knows a husband is seeking to divorce his wife for...
Judicial Independence: Is It Impaired or Bolstered by Judicial Accountability?
INTRODUCTIONGood afternoon. It is so wonderful to be here among friends, colleagues, students, faculty, and alumni. What a delightful day it has been! I met with all the ILs and their professors. I visited the clinics and was so very inspired by the...
Political Advertisements in the Era of Fleeting Indecent Images and Utterances
INTRODUCTIONTelevision and radio advertisements for years have been effective and popular campaign tools used by political candidates to gain votes. In an era of increasingly negative political campaign advertisements, some political figures and candidates...
Spendthrift Trust: An Alternative to the NBA Age Rule
IntroductionBrandon Jennings, one of the top point guards in the draft class of 2008, * had to put his dream of playing in the National Basketball Association ("NBA") aside this past year. The million dollar contract that Jennings had prayed would bring...
What Is Property? Property Is Theft:* the Lack of Social Justice in U.S. Eminent Domain Law
INTRODUCTIONThe individual right of property is not simply an economic right .... Individual property rights are also about selfexpression, self-governance, belonging, and civic participation. A proper theory of constitutional protection of property...