Women and the Law: How Far We\u27ve Come and Where We Need to Go

Introduction to the program on “Women and the Law: How Far We\u27ve Come and Where We Need to Go” held at Pace Law School, October 24, 2008

Hogan vs. Gawker II: A Statutory Solution to Fraudulent Joinder

This Article will first review the intersection of federal jurisdiction and litigation strategy by examining the requirements for diversity jurisdiction in federal court as well as the circumstances that must be present to allow a defendant to remove a case from state court to federal court. The Article will then review the history of the court-created doctrine of fraudulent joinder, and will examine the various tests currently in use by the lower federal courts. The Article will then address whether it makes more sense to create a statutory solution, and will examine and analyze the Fraudulent Joinder Prevention Act of 2016, which was recently passed by the House of Representatives. After analyzing the Act, this Article will conclude that, while a statutory solution to this issue is appropriate, the current proposal needs to be adjusted in various ways

The Supreme Court, Due Process and State Income Taxation of Trusts

What are the constitutional limits on a state\u27s power to tax a trust with no connection to the state, other than the accident that a potential beneficiary lives there? The Supreme Court of the United States will take up this question this term in the context of North Carolina Department of Revenue v. Kimberley Rice Kaestner 1992 Family Trust. The case involves North Carolina\u27s income taxation of a trust with a contingent beneficiary, meaning someone who is eligible, but not certain, to receive a distribution or benefit from the trust, who resides in that state. Part I of this Article explains the background of Kaestner Trust and frames the constitutional questions that will be before the Court at oral arguments on April 16, 2019. Part II examines how and why due process applies in the state income taxation context, with a particular emphasis on how familiar concepts of general and specific jurisdiction apply uneasily to donative trusts. Part III articulates the reasons that the Court should hold that a state has no constitutional authority to impose a tax on trust income where the trust\u27s only connection with the forum state is the residence of a contingent beneficiary. Kaestner Trust is the most important due process case involving trusts that the Court has decided in over sixty years; it bears directly on the fundamental meaning of due process

Connecting women in the age of difference: Re-thinking gender in twenty-first century Aotearoa New Zealand

Editorial: This special issue of the Women’s Studies Journal is an exploration of the theme of difference and diversity among women in Aotearoa New Zealand in the twenty-first century. As a construct within feminist literature, ‘difference’ has, for over three decades, irrevocably altered the landscape of feminist politics – in both its scholarship and its praxis. Fundamental to the theories of difference that have emerged since the 1980s is the idea that women’s lived realities differ vastly depending on, amongst other variables, their sexual orientation, racial and ethnic background, religious beliefs, age and income status

The NASA Lewis integrated propulsion and flight control simulator

A new flight simulation facility was developed at NASA-Lewis. The purpose of this flight simulator is to allow integrated propulsion control and flight control algorithm development and evaluation in real time. As a preliminary check of the simulator facility capabilities and correct integration of its components, the control design and physics models for a short take-off and vertical landing fighter aircraft model were shown, with their associated system integration and architecture, pilot vehicle interfaces, and display symbology. The initial testing and evaluation results show that this fixed based flight simulator can provide real time feedback and display of both airframe and propulsion variables for validation of integrated flight and propulsion control systems. Additionally, through the use of this flight simulator, various control design methodologies and cockpit mechanizations can be tested and evaluated in a real time environment

Undocumented Students in Higher Education: How Liminal Legality Influences the College Experience

Undocumented students’ pursuit of higher education mirrors in many ways the path of traditional American students. However, there are policies in place that create barriers unique to undocumented students. While the policies directly influence these students’ educational plans, their emotional states are influenced as well. This paper will explore the policies that have had historical impacts on undocumented students’ access to higher education. Through interviews with students at universities in the southeast region of the United States, this paper will identify the impact these policies have on students’ educational pursuits. The hope is that this paper will serve as a guide for higher education professionals to better understand undocumented students’ plight in effort to better meet their needs

Offensive Issue Preclusion in the Criminal Context: Two Steps Foward, One Step Back

This article addresses whether the expansion of the doctrine of issue preclusion in the federal criminal area should mirror the expansion of the doctrine in the federal civil area. The article examines the general requirements of issue preclusion and the evolution of issue preclusion in both the civil and criminal context. Next, this article examines the current status of offensive and defensive issue preclusion when the first suit is civil and the second suit is criminal, the first suit is criminal and the second suit is civil, and where both the first and second action is criminal. The article then analyzes whether the approach taken by the courts in the civil area should be applied to the criminal area, and the appropriate parameters of that approach. Finally, the article concludes that although the courts should allow the government to use offensive collateral estoppel in criminal cases, the courts must be vigilant in ensuring that there is no prejudice

Whose Crime is it Anyway?: Liability for the Lethal Acts of Nonparticipants in the Felony

This Article explores the methodology that courts should employ when determining the liability of a defendant under the felony-murder doctrine, where the perpetration of a felony results in the death of a nonparticipant in the crime by another nonparticipant. Part I of the Article addresses the history of the doctrine, the policies that have sustained it throughout history, and the modern statutory promulgations of the rule. Part II explores not only how courts have handled the doctrine\u27s causation requirement, but also how legislatures have responded to this requirement. Further, Part II discusses the court-created theories of agency and proximate cause. Part III addresses the need for a consistent analytical framework and demonstrates the current confusion that has resulted from courts construing a statute to require different causation approaches. Part III submits that the courts\u27 reliance on the agency theory, which requires an initial determination that a felon shot the fatal bullet, is inconsistent with both society\u27s view towards crime and principles of statutory analysis. By applying the agency theory, the courts are using causation to restrict the application of the felony-murder doctrine, a responsibility that should be left to the legislature. Part IV proposes a methodology that is consistent with both principles of statutory interpretation and society\u27s view toward crime. This approach uses the ordinary rules of causation and modifies them to apply to felony-murder. As an example, the proposed methodology is applied to various factual scenarios where the person who does the killing is unknown, or is someone other than the defendant, and the victim is a nonparticipant in the felony. Under this analysis, courts can not only interpret the causation requirement of the felony-murder doctrine consistently, but can also ensure the uniform administration of justice

Suspended Over the Abyss: A City\u27s Quest for Local Autonomy in Institutional Reform Litigation

This Article examines the conflict between preserving local autonomy and remedying constitutional violations in the context of school desegregation. Part I articulates the problem by exploring the role of the city and its part in institutional reform. The first section explains what is meant by local autonomy. The second section examines what constitutes institutional reform. The third section discusses an example of the clash between local autonomy and institutional reform in the context of the ongoing struggle in Kansas City, Missouri. Part II examines how the Supreme Court has viewed the relationship between the remedial powers of district courts and municipal autonomy of local governments. Finally, Part III argues for a more coherent system of balancing judicial involvement and local government autonomy in fashioning remedial orders. The Article concludes that consideration of local autonomy only belongs in the formulation stage of the remedial process. A local government\u27s cooperation and participation in the formulation phase will lead to a remedial plan that can be more successfully implemented than one that is court-imposed