Volume 40, Issue 1

Ghostwriting-More than Meets the Eye; Ghostwriting-Attorneys in Disguise: A Proposal for Handling Pro Se Parties Who Seek Limited Representation in Federal Court

Attorney ghostwriting occurs when a party appears before a court without disclosing to the court that they have retained counsel, and the retained counsel writes briefs that the court and opposing counsel believe are authored by the apparently pro se party. This practice has received significant criticism, especially from federal court judges. This criticism arises because the Supreme Court of the United States has directed that pro se pleadings should be read “with less stringent […]

The Basis for Noerr-Pennington Immunity: An Argument that Federal Antitrust Law, not the First Amendment, Defines the Boundaries of Noerr-Pennington

“Congress shall make no law . . . abridging . . . the right of the people . . . to petition the government for a redress of grievances.” While perhaps not as famous as its fellow First Amendment freedoms of speech, press and assembly, the Supreme Court has maintained that the right to petition is one of “the most precious of the liberties safeguarded by the Bill of Rights.” To this day, however, it […]

Can I Get A Witness? A Case for Asylum for Prosecutorial Witnesses Who Testify Against Gangs and Other Gang-Related Claims

Consider the following: Orlando lives in El Salvador in the town of Sonsonate, where the Mara Salvatrucha (MS-13) gang exercises a powerful presence. As Orlando approaches his uncle’s house, he hears gunshots and observes four MS-13 gang members fleeing the scene. Thereafter, Orlando learns that the MS-13 gang has fatally shot his cousin. He cooperates with local police by describing the suspects, corroborating his uncle’s description. When police apprehend two of the suspects, Orlando and […]

Becoming an Orwellian Society: Big Brother is Watching You

First, the right to privacy extended all the way to the heavens until planes and helicopters became an efficient means of transportation for the common good. The privacy to the heavens became obsolete. Now, we have drones. They are unmanned. They do not provide transportation for the common good. They are used for police departments and governments. Society is not prepared to accept an invasion of privacy by drones, nor is society prepared to accept […]

Midnight Within the Moral Order: Organizational Culture, Unethical Leaders, and Members’ Deviance

It is also midnight within the moral order. At midnight, colors lose their distinctiveness and become a sullen shade of grey. Moral principles have lost their distinctiveness. For modern man, absolute right and wrong are a matter of what the majority is doing. Right and wrong are relative to likes and dislikes and the customs of a particular community. We have unconsciously applied Einstein’s theory of relativity, which properly described the physical universe, to the […]