Category Archives: Issue 1 – December 2007

The Devil Wears Prado: A Look at the Design Piracy Prohibition Act and the Extension of Copyright Protection to the World of Fashion

Wednesday, December 5, 2007 | Comments Off on The Devil Wears Prado: A Look at the Design Piracy Prohibition Act and the Extension of Copyright Protection to the World of Fashion

Many consider the popular HBO television show “Sex and the City” to be “the biggest pop culture influence on fashion in the past decade” and attribute it with “really giving TV audiences a fashion education. However, with this “education”...

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Campaign Finance and Randall v. Sorrell: How Much is Too Much and Who Decides? The Court’s Splintering Devotion to Its Own Problematic Framework

Tuesday, December 4, 2007 | Comments Off on Campaign Finance and Randall v. Sorrell: How Much is Too Much and Who Decides? The Court’s Splintering Devotion to Its Own Problematic Framework

Amidst fears that a candidate for public office could be bought for the price of an average-quality digital television, Vermont’s legislature enacted Act 64. However, the price tag was set below an acceptable retail value. In fact, the Act...

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The T-Rex Without Teeth: Evolving Strickland v. Washington and the Test for Ineffective Assistance of Counsel

Monday, December 3, 2007 | Comments Off on The T-Rex Without Teeth: Evolving Strickland v. Washington and the Test for Ineffective Assistance of Counsel

In Strickland v. Washington the United States Supreme Court formulated the test for determining whether counsel in a criminal case is ineffective. When the Court decided Strickland it created a doctrine of enormous proportions, but with little impact–a legal...

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What Federalism & Why? Science Versus Doctrine

Sunday, December 2, 2007 | Comments Off on What Federalism & Why? Science Versus Doctrine

The Constitution does not use the words federal or federalism. It gives Congress a set of powers and prohibits the national government, the states or both from doing some things. The Court has inferred principles of federalism from those...

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The Disability History Mystery: Assessing The Employer’s Reasonable Accommodation Obligation in “Record of Disability” Cases

Saturday, December 1, 2007 | Comments Off on The Disability History Mystery: Assessing The Employer’s Reasonable Accommodation Obligation in “Record of Disability” Cases

The Americans with Disabilities Act (“ADA”)’ prohibits employers from discriminating against a “qualified individual with a disability,” which the Act defines as “an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such...

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