St. John's Law Review

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

Articles from Vol. 73, No. 2, Spring

Because Death Is Different: Legal and Moral Arguments for Broadening Defendants' Rights to Discovery in Federal Capital Cases
Capital punishment has existed in America since this nation was founded,2 yet there are few other legal issues that inspire such passionate debate among scholars3 and among the administrators of justice.4 Arguments on both sides of the line rest in religion,5...
Burdening Access to Justice: The Cost of Divorce Mediation on the Cheap
INTRODUCTION Without question, public funding for court services rarely meets all the needs of the justice system.1 Case filings have increased dramatically in many courts in the past ten to twenty years.2 In some courts, particularly in state courts,...
Fourteenth Amendment Personhood: Fact or Fiction?
The United States Constitution "has stood the test of over two hundred years [and has] preserved and protected our basic rights and liberties."1 The interpretation of this governing document must be limited to ensure uniformity of law and equality of...
In Memoriam: Professor Donald J. Werner
When Donna Marie Werner called me the morning after my friend's death on December 29, 1995, I expressed my feelings and sorrow as follows in a statement issued on December 30, 1995: Donald Werner was one of the finest individuals, most intelligent lawyers,...
Recent Developments in New York Law
Foxhall Realty Law Offices, Inc. v. Telecommunications Premium Services, Ltd.: The Second Circuit concludes that New York State courts have exclusive jurisdiction over private rights of action asserted under 227 of the Federal Telephone Consumer Protection...
See Jane Graduate. Why Can't Jane Negotiate a Business Transaction?
One of the peculiar memories I have of law school is the following refrain from a song created by John Henry Wigmore: "Old Northwestern! That's where we learned our law. Ex delicto, ex contractu, This Oh! This is law."1 I have always imagined that when...
To Tell the Truth: Should Judicial Estoppel Preclude Americans with Disabilities Act Complaints?
INTRODUCTION In the film "Liar Liar," actor Jim Carrey plays the part of a lawyer who is largely an absentee father.1 As the son of Carrey's character celebrates his birthday without the promised presence of his workaholic father, the child makes a wish...
United States V. Balsys: Denying a Suspected War Criminal the Privilege against Self-Incrimination
When James Madison introduced the Bill of Rights1 at the first meeting of the newly formed United States Congress,2 he explained that the amendments were "intended to `limit and qualify the powers of Government, by excepting out of the grant of power...
Zoning out Due Process Rights: W.J.F. Realty Corp. V, Town of Southampton
Every day, property owners and developers across the nation call on municipalities to pass judgment on a dizzying array of applications for permits and variances-including connecting sewer lines, opening dance clubs, constructing heliports and breaking...