Apr 5, 2016 | Book 1, Current, Print Edition, Volume 49
The Puzzling Persistence of Acquitted Conduct in Federal Sentencing, and What Can Be Done About It Barry L. Johnson One might think, at first glance, that the recognition of a Sixth Amendment right to have a jury rather than a judge determine relevant sentencing facts...
Feb 18, 2016 | Current, Current Notes, Notes, Number 2, Print Edition, Volume 48
“Buzzworthy,” “BYOD” (bring your own device), and “selfie” have been added to the free Oxford Dictionaries Online after each word has worked its way into common usage or even into the respected print Oxford Dictionary. “Friend” is no longer a mere noun or synonym for...
Feb 18, 2016 | Current, Current Notes, Notes, Number 2, Print Edition, Volume 48
Besides their strong economic enticement, the hosts of “Bring Your Own Booze” (BYOB) parties may have inadvertently discovered a strong legal incentive for hosting this form of party, namely to escape civil liability. Individuals under the legal drinking age often...
Feb 18, 2016 | Comments, Current, Current Case Comments, Number 2, Print Edition, Volume 48
Case Comment Pinpoint IT Services, LLC v. Rivera (In re Atlas IT Export Corp.), 761 F.3d 177 (1st Cir. 2014) After the filing of a bankruptcy petition, all pending civil actions involving the debtor are stayed pursuant to the automatic stay provision of 11 U.S.C. §...
Feb 18, 2016 | Comments, Current, Current Case Comments, Number 2, Print Edition, Volume 48
Case Comment Maryland v. King, 133 S. Ct. 1958 (2013) The Fourth Amendment to the U.S. Constitution was enacted to protect citizens from unreasonable searches and seizures. In Maryland v. King, a case of first impression, the Supreme Court addressed the question of...
Feb 18, 2016 | Current, Current Notes, Notes, Number 2, Print Edition, Volume 48
Sex offenders are some of the most hated and feared members of our society. This revulsion towards sex offenders is because they are considered more likely than other criminals to offend again. Accordingly, the public seeks to strengthen legislation that imposes...
