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Volume 110 – Issue 3

Juveniles' Competence to Exercise Miranda Rights: An Empirical Study of Policy and Practice

By Barry C. Feld. Full text here. The Supreme Court does not require any special procedural safeguards when police interrogate youths. Instead, it uses the adult standard—“knowing, intelligent, and voluntary under the totality of the circumstances”—to gauge the validity of juveniles’ waivers of Miranda rights. Developmental psychologists have examined adolescents’ capacity to exercise or waive…

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Note: "Don't Read This If It's Not For You": The Legal Inadequacies of Modern Approaches to E-mail Privacy

By Joshua L. Colburn. Full text here. E-mail has become the cheap and reliable replacement for many forms of business and personal communication. Despite a lack of any significant advances in privacy laws or software, lawyers have surrendered their once vocal privacy concerns in favor of efficient communication. In an effort to minimize any remaining privacy…

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Note: Evaluating the Integraty of Biotechnology Research Tools: Merck v. Integra and the Scope of 35 U.S.C. § 271(e)(1)

By Michael R. Mischnick. Full text here. Patents are critical in the biotechnology and pharmaceutical sectors. However, patents have inhibited competition in certain instances. For example, until the 1980s, pioneer drug companies benefited from a de facto “patent term windfall” because generic manufacturers could not begin the regulatory approval process of their generics until after…

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Permissive Rules of Professional Conduct

By Bruce A. Green & Fred C. Zacharias. Full text here. In the wake of Enron’s collapse and other corporate scandals, the Securities and Exchange Commission considered adopting a regulation requiring lawyers in certain circumstances to publicly report corporate misconduct. The American Bar Association countered by expanding model disciplinary rules that allow, but do not require,…

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Note: From House to Home: Creating a Right to Early Lease Termination for Domestic Violence Victims

By Anne C. Johnson. Full text here. Domestic violence remains one of society’s most pervasive and complicated problems. Among the complexities lies a victim’s difficult decision to leave an abuser. In an overwhelming majority of states, domestic violence victims also face the financial burden of terminating their residential leases when deciding to flee abuse. Such monetary…

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Note: Establishing a Substantial Limitation in Interacting with Others: A Call for Clearer Guidance from the EEOC

By Lisa M. Benrud-Larson. Full text here. Congress enacted the Americans with Disabilities Act (ADA) with the goal of providing clear and consistent standards for eliminating discrimination against persons with disabilities. To be disabled within the meaning of the ADA, a person must have a physical or mental impairment that substantially limits a major life activity.…

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