St. John's Law Review

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

Articles from Vol. 82, No. 3, Summer

Better Competition Advocacy
INTRODUCTIONCompetition authorities from around the world disagree over substantive and procedural issues, such as the standard for anticompetitive unilateral conduct. But one undisputed topic is competition advocacy.1 Competition advocacy, as that term...
Idealized Images of Science in Law: The Expert Witness in Trial Movies
I. APOLOGIA: LAW AND FILMIt is too early to say whether the law-and-cinema discourse will. . . succeed in creating modes of analysis that are capable of withstanding conceptual, empirical, and ethical critique. Ornamenting our jurisprudential analysis...
In Memoriam: Professor Joseph J. Beard (1933-2007)
The editors of the St. John's Law Review respectfully dedicate this issue to Professor Beard.BIOGRAPHYJoseph James Beard's diverse, accomplished life encompassed many places, people, and experiences. Soon after his birth in Winthrop, Massachusetts, his...
Making a Killing in Real Estate: Solving the Mystery of Murder's Effect on Tenancy by the Entirety in New York-A Legislative Solution
INTRODUCTIONIn 1889, sixteen-year-old Elmer E. Palmer murdered his grandfather to secure his inheritance. Fearing that his grandfather's lavish bequest to him would be revoked, Elmer killed his grandfather with poison.1 Elmer never received his inheritance,...
Plausible Pleading: Bell Atlantic Corp. V. Twombly
INTRODUCTIONMotions to dismiss antitrust cases have gone in and out of favor over the years. There was a time when plaintiffs-especially government plaintiffs-needed to plead little more than that defendants had conspired to fix prices and restrain trade....
Rethinking the Role of the Exclusionary Rule in Removal Proceedings
INTRODUCTIONOn December 12, 2006, the Department of Homeland security's Immigration and Customs Enforcement ("DHS ICE") swept up over 12,000 meatpacking workers1 in the largest immigration raid in the Nation's history.2 While secretary of Homeland security...
Return to Sender: Off-Campus Student Speech Brought On-Campus by Another Student
INTRODUCTIONThe right to speak one's mind and express one's ideas is an essential component of American society. This right is secured and protected by the First Amendment of the United States Constitution.1 Each year a high number of alleged First Amendment...
The After-Shocks of Twombly: Will We "Notice" Pleading Changes?
INTRODUCTIONBell Atlantic Corp. v. Twombly1 was decided by the U.S. Supreme Court on May 21, 2007, and has already been cited more than 9,400 times as of March 15, 2008.2 The majority decision was not subtle in broadcasting its dissatisfaction with notice...
The Troubling Rise of the Legal Profession's Good Moral Character
INTRODUCTIONThe requirement that applicants to the bar possess "good moral character, " although well-established . . . today, appears to be a relatively recent arrival to Anglo-Saxon jurisprudence. For much of American history attorneys distinguished...
Three Limitations of Twombly: Antitrust Conspiracy Inferences in a Context of Historical Monopoly
INTRODUCTIONIn Bell Atlantic Corp. v. Twombly,1 the Supreme Court has thrown litigants and lower courts into confusion by consigning to the dustbin key phraseology2 that has served as a guiding light on motions to dismiss for half a century: that a motion...
Twombly, the Federal Rules of Civil Procedure and the Courts
INTRODUCTIONIn 1934, Congress enacted the Rules Enabling Act,1 authorizing the Supreme Court to promulgate uniform rules governing practice and procedure in the federal courts. The Federal Rules of Civil Procedure were thereafter enacted and took effect...
Unclear Repugnancy: Antitrust Immunity in Securities Markets after Credit Suisse Securities (Usa) Llc V. Billing
INTRODUCTIONFor over a century, American antitrust laws have sought to promote competitive conduct in the market place and to protect consumers from price discrimination, price fixing, and other ill effects of monopolistic behavior.1 The application...