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Volume 5 Number 1 - Fall 2012


Criminal Law and Sentencing: What Goes with Free Will?

This Article notes that increasing numbers of scholars have argued that minimizing our collective belief in the possibility of genuine free will and moral responsibility would likely create a more humane, compassionate, enlightened, and generally progressive criminal justice and sentencing system. As it turns out, though, we must instead conclude that such optimism does not seem warranted.

Purchasers Lacking Privity Overcoming "The Rule" for Express Warranty Claims: Expanding Judicial Application of Common Law Theories and Liberal Interpretation of U.C.C. Section 2-318

This Article examines the states wrangling over competing versions of section 2-318 and the ever-expanding use of alternative common law theo-ries by courts, specifically concerning the law of express warranties, with-out focusing on the already heavily commented-on question of whether privity should exist at all.

Dubious Difference: Reassessing Appellate Standards of Review in Immigration Appeals

The long-standing doctrine of deferential review by appellate courts of findings of fact by administrative agencies is seriously flawed for two main reasons. These weaknesses are particularly acute in immigration appeals and help explain why the 2002 streamlining of the Board of Immigration Appeals has proven problematic for the federal courts.

Bridging the Gap: How Introducing Ethical Skills Exercises will Enrich Learning in First-Year Courses

Law schools have begun to raise the bar beyond the baseline mandates and aspirational goals of MacCrate and Carnegie, and are looking seriously at how to implement the suggested methods of Best Practices and/or other innovative models. Facing increasing pressure to prepare law students to be ethical, competent practitioners, law schools must rise to the challenge of introducing a broad range of practical skills and ethical values across the curriculum and throughout the students' three years of law school.


Authorized: The Case for Duty of Loyalty Suits Against Former Employees Under the Computer Fraud and Abuse Act

The Computer Fraud and Abuse Act (CFAA) includes a provision for civil suits against anyone who engages in certain computer-based acts "without authorization." However, the statute leaves "authorization" conspicuously undefined.

The United States and Material-Support Bar for Refugees: A Tenuous Balance Between National Security and Basic Human Rights

Assessing the implications of the material-support bar in the refugee context, this Note focuses on the United States's deviation from its obligations in offering refugee protection under international law following the September 11th World Trade Center attacks and its continued departure from international standards in the Holder v. Humanitarian Law Project decision.

Knowledge Is Power: Physician Abandonment as a Model for the Duty to Disclose Research Findings

This Note evaluates the adequacy of the legal relationships that currently exist between parties in a genetic research project. It then proposes that researchers and physicians owe a duty to disclose certain findings to research participants, using the common law tort of physician abandonment as a model for the duty to disclose.