Article 4, Section 4, Clause 1 of the Constitution states that the United States “shall guarantee to every State in this Union a Republican Form of Government….” Sometimes referred to as the Guarantee Clause, the definition of “republican” government is not … Continue reading
Yearly Archives: 2015
Want to guess the number of federal laws in the U.S.? Good luck– even the Library of Congress doesn’t know. While this is one of the most popular questions asked of the Library’s reference librarians, they point out that simply tallying … Continue reading
I was pleased to have the opportunity to share some thoughts about distance learning in legal education in the National Jurist a few weeks ago. As the article just came out–you can read it here (Education Anywhere February 2015) — I … Continue reading
In addition to the for-profit and limited-liability models of traditional corporations, other variants exist. A public-benefit corporation is state-chartered and designed to perform some public benefit (examples include the MBTA and Massachusetts Turnpike Authority). A B Corporation is a corporation certified by the non-profit … Continue reading
Article on distance learning in National Jurist (February 2015): Education Anywhere … Continue reading
A citizen’s arrest — an arrest by a non-law enforcement officer — is statutorily provided for in 49 states (North Carolina is the exception) where a citizen observes a felony being committed, or when a citizen is asked by a … Continue reading
One of the most common 19th century civil suits was for alienation of affection, awarding damages to litigants whose marriages disintegrated due to the actions of a third party. In order for a plaintiff to prevail, he or she had … Continue reading
The Alford plea is a form of “alternative plea”, meaning that it does not correspond to traditional pleas of either guilty or not guilty. It is premised on the defendant’s acceptance of a plea bargain agreement while continuing to assert innocence. Typically, this involves a defendant’s … Continue reading
Reporter’s privilege (also known as journalist’s privilege), is a limited First Amendment right of journalists to shield their confidential sources from discovery. Forty states and D.C. have enacted press shield laws that protect reporter’s privilege. While there is no federal press shield … Continue reading
The Flag Desecration Amendment (aka “The Flag-burning Amendment”) was a proposed constitutional amendment stating “The Congress shall have power to prohibit the physical desecration of the flag of the United States.” It was first introduced in the House of Representatives … Continue reading
The common law felony murder rule holds that if a person kills another while committing or attempting to commit a felony, the killing is classified as murder. This can include unintended and accidental deaths caused during the felony, and also … Continue reading
There are three related, yet distinct, protectivetools available to applicants: a protective order compels the abuser to stay away from the applicant and her home, place of work or school. A temporary restraining order (TRO) orders another party not to harm … Continue reading