Jun 19, 2004 | Case Comments, Number 4, Print Edition, Volume 37
The United States Constitution gives Congress the power to enact copyright laws for the purpose of promoting the “Progress of Science.” Congress has enacted five Copyright Acts since 1790, each time significantly extending the term of copyright...
Jun 19, 2004 | Case Comments, Number 4, Print Edition, Volume 37
The Due Process Clause of the Fourteenth Amendment to the United States Constitution serves not only as a guarantee of procedural propriety, but also as a source of substantive individual rights. Although the Supreme Court of the United States has repeatedly employed...
Jun 19, 2004 | Case Comments, Number 4, Print Edition, Volume 37
The anticipatory repudiation of a contract occurs when a promisor withdraws from an obligation prior to the agreed upon performance time. In the event of an anticipatory repudiation, the statutory period of limitations does not begin until the fixed day of...
Jun 19, 2004 | Case Comments, Number 4, Print Edition, Volume 37
The First Amendment to the United States Constitution prevents states from passing laws that purposefully advance or prohibit religion, thereby ensuring the separation of church and state. In Zelman v. Simmons-Harris, the Supreme Court considered whether a state...
Jun 17, 2004 | Notes, Number 4, Print Edition, Volume 37
According to the most recent data, ”[e]very two minutes, somewhere in America, someone is sexually assaulted.” Studies also estimate that ”1 in 4 imprisoned rape and sexual assault offenders has a prior history of convictions for violent crimes,...
Jun 17, 2004 | Notes, Number 4, Print Edition, Volume 37
In 1918, citizens of the Commonwealth of Massachusetts voted to amend the Massachusetts Constitution by approving Article Forty-Eight, thereby creating the right for citizens to enact a law through the initiative process. An initiative proposal to change an existing...