JOHN WAIT
Page: 1
In 1991, Duane Deaver, a Special Agent with the North Carolina
State Bureau of Investigation (SBI), performed a series of serology tests
pertaining to the murder case of State of North Carolina v. Gregory Flint
Taylor.2 Less sensitive presumptive tests confirmed the possible
presence of blood on several areas of Greg Taylors vehicle;3 however,
more sensitive confirmatory tests were negative.
ROSE L. BAILEY
Page: 39
As tax practitioners are well aware, todays world of Internal
Revenue Code § 6694(a) preparer penalties1 and Circular 230 sanctions2
requires one to be well versed in tax pronouncement and tax litigation
from various jurisdictions. In most cases, such penalties can be avoided
where asserted tax positions are based on reasonable assumptions
grounded in substantial primary authority.
STEPHEN M. DURDEN
Page: 115
Justice Scalia proclaims homage to the dead Constitution.1 Justice
Brennan honors the living Constitution.2 Others believe in a partially
living and partially dead Constitution.3 But, whichever moniker selected,
constitutional analysis remains (to the interpreter) personal;
however, personal does not necessarily mean irrational or even singular
(i.e., that no one else agrees with the interpretation). Rather, personal
means that no matter how narrow the interpretational method, an interpreter
of the Constitution inevitably makes personal choices when using
any interpretational method - choices not required by, or perhaps even
inconsistent with, the chosen interpretational method.
Mark L. Mayakis
Page: 151
A dramatic increase in consumer demand for more feasible
communication has influenced the advancement of convenient devices
with powerful capabilities, such as third-generation cell phones.1 While
the rapid development of modern cell phones has helped to satisfy this
heightened demand, criminals have been similarly satisfied.2 Even
subsequent to conviction, criminals have continued to utilize cell phones
to carry out criminal activity.3 Recently, several courts have allowed law
enforcement officials, acting without a warrant, to seize information
stored within cellular phones in order to gather incriminating evidence
and further their investigations against individuals suspected of criminal
activity.4 Other courts, however, have not reached that same conclusion
and have suppressed evidence seized from cell phones.
Rebecca Phillips
Page: 173
On March 26, 2009, the notorious rocker and former lead singer of
the band Hole, Courtney Love, was sued for libel by fashion designer
Dawn Simorangkir after Love made vile and defamatory statements
concerning Simorangkir on her Twitter account.2 While Love does not
fit within the typical definition of media, these statements by Love
claiming that Simorangkir is a thief, an unfit parent, a racist and
homophobe, and a danger to society were circulated and read by
potentially millions of people who could simply follow Loves Twitter
feed.3 Although this suit is still pending and it is unclear how the
Superior Court of California will decide, this action is indicative of what
the future may hold for internet users and the statements they make that
are disseminated through social networking websites such as Twitter,4
MySpace,5 and Facebook.
Jesse A. Schaefer
Page: 193
Contract law has a problem.1 With predictable recurrence, court
opinions, statutes, scholarly literature, and contract draftsmen use the
words void, voidable, and unenforceable as well as dozens of
other terms of the same ilk to describe flawed contracts. Yet the
meaning of these declarations is persistently and maddeningly slippery.
In the rare case where the precise meanings of these words are pressed
into service in the courtroom, litigants are often surprised to find the
court announce that a transaction formerly (and unequivocally) declared
to be void is, in fact, merely voidable or unenforceable.2 The scope of
the problem is as widespread as it is trifled; though the distinction
between void and voidable is sometimes the most important issue in
contract disputes, very little serious, scholarly attention has been paid to
the nature of the distinction.
