Apr 27, 2006 | Case Comments, Number 3, Print Edition, Volume 39
Article I, section 8 of the Constitution promotes progress in the arts and sciences by granting inventors exclusive right to their discoveries for a limited time. For almost 100 years, courts have recognized the patentee’s right to exclude others from making...
Apr 15, 2006 | Notes, Number 3, Print Edition, Volume 39
In 1999, smuggled aliens constituted fourteen percent of all apprehensions made at the U.S.-Mexico border [the border], up from nine percent in 1997. That number has increased as the human smuggling industry grows in popularity and necessity. Fearing they cannot...
Apr 15, 2006 | Case Comments, Number 3, Print Edition, Volume 39
The Double Jeopardy Clause prevents the government from subjecting an individual to multiple criminal prosecutions for the same offense. In so doing, it protects an individuals interest in the finality of acquittals and it protects him from suffering any prejudice...
Apr 15, 2006 | Case Comments, Number 3, Print Edition, Volume 39
Under the Supreme Court’s interpretation of Article III of the United States Constitution, a plaintiff must suffer an injury-in-fact in order to obtain standing in federal court. Recently, courts have relaxed this requirement and have awarded medical...
Apr 15, 2006 | Notes, Number 3, Print Edition, Volume 39
Medical advancements currently allow parents to undergo preconception or neonatal genetic testing to determine the likelihood of a childhood defect. The advent of genetic testing has compelled courts to develop novel causes of action based on traditional negligence...
Apr 15, 2006 | Lead Articles, Number 3, Print Edition, Volume 39
It is hardly news that convicted sex predatorsespecially those who prey on young people and women occupy the lowest rung of society. This is not surprising; even among their fellow felons, who themselves are regarded as second-class citizens, sex predators are...