Note: The Need for Review: Allowing Defendants to Appeal the Factual Basis of a Conviction After Pleading Guilty
By Steven Schmidt. Full text here. An essential element of any guilty plea is the factual basis requirement. This requirement states that a court may only accept a guilty plea if an underlying set of facts exists that supports the plea. In many circumstances, federal criminal defendants have challenged their guilty pleas in the courts of…
Continue ReadingNote: Immunity for Vaccine Manufacturers: The Vaccine Act and Preemption of Design Defect Claims
By Eva B. Stensvad. Full text here. Vaccines are one of the most important medical advancements in history. Childhood immunization efforts are widely promoted by state and federal governments as well as medical professionals and institutions. While routine pediatric vaccines prevent many lethal and debilitating diseases, they also carry the potential to cause injury. Predictably, the…
Continue ReadingNote: Defining Unpatented Article: Why Labeling Products with Expired Patent Numbers Should Not Be False Marking
By Laura Arneson. Full text here. The false marking statute was designed to prevent products from being labeled with patents that do not apply to them, but the Federal Circuit recently extended its reach to prevent labeling products with expired patent numbers. This decision has spurred litigation by third parties against the makers of articles covered…
Continue ReadingNote: Relative Futility: Limits to Genetic Privacy Protection Because of the Inability to Prevent Disclosure of Genetic Information by Relatives
By Trevor Woodage. Full text here. The Note considers possible limits to reasonable expectations of genetic privacy given that people share their DNA sequences with their relatives. Most scholars and members of the general public believe that an individual’s DNA sequence is an intensely personal matter and that access to this information should be tightly controlled.…
Continue ReadingNote: Legitimate Absenteeism: The Unconstitutionality of the Caucus Attendance Requirement
By Heather R. Abraham. Full text here. Dubbed by the Washington Post as “undemocratic,” the caucus system for selecting delegates to national party presidential nominating conventions tends to disenfranchise identifiable factions of voters, including deployed service members, religious observers, persons with disabilities or in poor health, students who attend school away from home, and shift workers…
Continue ReadingNote: Rule 14a-11 and the Administrative Procedure Act: It's Better to Have Had and Waived, than Never to Have Had at All
By Reed T. Schuster. Full text here. A dramatic sequence of events starting in the summer of 2007 caused the United States’ banking and financial systems to collapse and thrust the country into the worst financial crisis since the Great Depression. It was not just one thing, but a confluence of factors that led to the…
Continue ReadingNote: The Cloying Use of Unallotment: Curbing Executive Branch Appropriation Reductions During Fiscal Emergencies
By Tyler J. Siewert. Full text here. To ensure the perpetuation of balanced budgets, which are legal and practical requirements in forty-nine states, many state legislatures bestow upon the executive branch broad powers to reduce appropriations through unallotment statutes. The Note accentuates two dire legal inefficiencies plaguing an ample number of these laws. First, many statutes…
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