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Morgan V. Sundance: A Legal Overview Of The Prejudice Requirement In Arbitration And Its Impact On Litigation, Sergio Fernandez
Morgan V. Sundance: A Legal Overview Of The Prejudice Requirement In Arbitration And Its Impact On Litigation, Sergio Fernandez
University of Dayton Law Review
Since the enactment of the Federal Arbitration Act (“FAA”) in 1925, arbitration clauses have been embedded in the commercial contractual ambit and have been a predominant tool employed not only in transactions between corporations, but most importantly between corporations and individuals. Arbitration is a tool used in both the public and private sector to resolve disputes without channeling the usual litigation route. Arbitration, like other forms of alternative dispute resolution (“ADR”), has attributes beneficial to the disputing parties. It “reduces the judiciary’s workload and reduces litigation costs, allowing companies to offer lower prices and higher wages.” It is known to …
Double Standards Or Doubling Down On Mistakes? A Comparative Analysis Of The Outcomes And Effects In State Of Tennessee V. Radonda Vaught And Ohio V. Dr. William Husel, Emily Witker
University of Dayton Law Review
Nobody is perfect. This is a difficult reality for many to accept, but a person’s imperfections are a key factor in shaping their identity as they contribute to their personal growth by learning from the mistakes they make throughout their life. Mistakes in one’s career are no exception and can have varying degrees of consequences, especially in a career involving the care of another human being. The potential consequences for those working in the medical field can be considered some of the most extreme as medical personnel’s actions directly affect the lives of those who they are caring for.
Educational …
Third Circuit Buries The Theft-Robbery Distinction In Graves, Richard Smith
Third Circuit Buries The Theft-Robbery Distinction In Graves, Richard Smith
University of Dayton Law Review
To the layperson, the distinction between theft and robbery may not be entirely clear. In fact, outside a law school or a courtroom, it would not be unusual to find people using the terms interchangeably. The similarities of the offenses lend themselves to this confusion. They both involve an offender taking something that does not belong to them from someone else. But there is a reason they were distinguished by the common law and remain distinguished in modern law today. It speaks to our fundamental notions of fairness and justice to treat differently those that engage in “safe” criminal behavior …
Point: The Supreme Court Gets It Right In 303 Creative V. Elenis: People Of Faith Cannot Be Compelled To Create Expressive Messages Violating Their Religious Beliefs, Charles J. Russo
University of Dayton Law Review
No abstract provided.
Counterpoint To: "The Supreme Court Gets It Right In 303 Creative V. Elenis: People Of Faith Cannot Be Compelled To Create Expressive Messages Violating Their Religious Beliefs" — The Privilege To Silence “Customized” Speech: The Website Kerfuffle In 303 Creative V. Elenis, Jeffrey C. Sun
University of Dayton Law Review
No abstract provided.
Rebuttal To Jeffrey C. Sun’S "The Privilege To Silence ‘Customized’ Speech: The Website Kerfuffle In 303 Creative V. Elenis”, Charles J. Russo
Rebuttal To Jeffrey C. Sun’S "The Privilege To Silence ‘Customized’ Speech: The Website Kerfuffle In 303 Creative V. Elenis”, Charles J. Russo
University of Dayton Law Review
No abstract provided.
Rebuttal To Charles J. Russo’S “Point — The Supreme Court Gets It Right In 303 Creative V. Elenis: People Of Faith Cannot Be Compelled To Create Expressive Messages Violating Their Religious Beliefs”, Jeffrey C. Sun
University of Dayton Law Review
No abstract provided.
Fool’S Gold: An Exploratory Analysis Into How Recent Student Successes Against The Ncaa Poses A Serious Risk To Equity In College Sports, Justin Elkin
University of Dayton Law Review
No abstract provided.
A Global Approach To Evaluating Whether An Ai Algorithm Impacting Health Is Unfair To Consumers Under The Federal Trade Commission 15 U.S.C. § 45, Sarah Covington
A Global Approach To Evaluating Whether An Ai Algorithm Impacting Health Is Unfair To Consumers Under The Federal Trade Commission 15 U.S.C. § 45, Sarah Covington
University of Dayton Law Review
No abstract provided.
Creatively Killing The Word “Entirely”: Why The 9th Circuit Got 17 U.S.C. § 114(B) And Music Sampling Law Wrong, Samantha Shemavonian
Creatively Killing The Word “Entirely”: Why The 9th Circuit Got 17 U.S.C. § 114(B) And Music Sampling Law Wrong, Samantha Shemavonian
University of Dayton Law Review
No abstract provided.
One Hundred Years Past, One Hundred Years Forward: The Legacy Of The Colorado River Compact, Elise Marrinan
One Hundred Years Past, One Hundred Years Forward: The Legacy Of The Colorado River Compact, Elise Marrinan
University of Dayton Law Review
No abstract provided.
Take A Picture: A Reframed Approach To Transformative Use, Samuel John Stimson
Take A Picture: A Reframed Approach To Transformative Use, Samuel John Stimson
University of Dayton Law Review
No abstract provided.
Table Of Contents, Administrative Information, Masthead
Table Of Contents, Administrative Information, Masthead
University of Dayton Law Review
No abstract provided.
Search No Further Than Glatt V. Searchlight Pictures For A Uniform Test To The Student-Athlete Employment Question, Gabriella Fletcher
Search No Further Than Glatt V. Searchlight Pictures For A Uniform Test To The Student-Athlete Employment Question, Gabriella Fletcher
University of Dayton Law Review
No abstract provided.
The Doctrine Of Qualified Immunity And Why It Needs To Be Reformed In Situations Of Jail Suicide, Sasha Glickfield
The Doctrine Of Qualified Immunity And Why It Needs To Be Reformed In Situations Of Jail Suicide, Sasha Glickfield
University of Dayton Law Review
No abstract provided.
An Argument For Maintaining The Status Quo: Nonunanimous Verdicts On Panels In Courts-Martial, Abbigayle Qiu
An Argument For Maintaining The Status Quo: Nonunanimous Verdicts On Panels In Courts-Martial, Abbigayle Qiu
University of Dayton Law Review
No abstract provided.
Cover, Front Matter And Masthead
Cover, Front Matter And Masthead
University of Dayton Law Review
No abstract provided.
Helping Or Hindering Life? The Ramifications Of Overturning Roe V. Wade As It Relates To The Criminal Justice System, Samantha Moore
Helping Or Hindering Life? The Ramifications Of Overturning Roe V. Wade As It Relates To The Criminal Justice System, Samantha Moore
University of Dayton Law Review
Part I of this Comment explores 2001 research by John Donohue and Steven Levitt finding that legalized abortion significantly contributed to a decrease in crime starting in 1991. Part II of this Comment will explore the background of abortion. Part III will highlight the scope of abortion following Roe by analyzing Donohue and Levitt’s abortion-crime link. Part IV of this Comment will succinctly summarize these conclusions.
How Can They Be Silenced? Why Ohio Must Amend Its Civil Statute Of Limitations For Child Sexual Abuse Claims, Mackenzie F. Reiber
How Can They Be Silenced? Why Ohio Must Amend Its Civil Statute Of Limitations For Child Sexual Abuse Claims, Mackenzie F. Reiber
University of Dayton Law Review
Ohio should abolish the civil statute of limitations for child sexual abuse (CSA) claims because survivors of CSA generally recover memories and come forward with allegations well past the limitations period; courts in states that have eliminated the civil statute of limitations for CSA claims do not become overwhelmed by hearing these claims several years past the date of the abuse; and the perpetrator’s constitutional rights are not violated by abolishing the statute of limitations.
Aequitas: Seeking Equilibrium In Title Ix, Raymond Trent Cromartie
Aequitas: Seeking Equilibrium In Title Ix, Raymond Trent Cromartie
University of Dayton Law Review
In 2011, the Obama Administration introduced the Dear Colleague Letter (“DCL” or “Letter”), which drastically reshaped the nature and scope of Title IX and redefined how sex-based discrimination is viewed and addressed on college campuses around the country. While the overall intent of the Letter was to address historical mishandlings of sexual misconduct on the part of victims, including sexual assault in higher education, many commentators have expressed the concern that the guidelines aggressively pursued this end without considering several sweeping impacts. Where Title IX used to be a means for providing equal access to education through government oversight, through …
“A Document Of Independent Force”: Towards A Robust Ohio Constitutionalism, Nathaniel M. Fouch
“A Document Of Independent Force”: Towards A Robust Ohio Constitutionalism, Nathaniel M. Fouch
University of Dayton Law Review
On August 11, 1993, the Ohio Supreme Court handed down its decision in Arnold v. Cleveland. The Court held that the Ohio Constitution confers a fundamental individual right to bear arms—nearly 15 years before the United States Supreme Court enunciated a similar right guaranteed by the Second Amendment. Perhaps even more consequentially, the Arnold court declared that “[t]he Ohio Constitution is a document of independent force.” This assertion about the fundamental nature of the state constitution, and the willingness of the Court to engage with and interpret the document on its own terms, breathed new life into Ohio’s otherwise …
Another Obstacle For Survivors Of Sexual Violence: The Effect Of Limiting Emotional Distress Damages In Title Ix Cases, Allison Mauk
Another Obstacle For Survivors Of Sexual Violence: The Effect Of Limiting Emotional Distress Damages In Title Ix Cases, Allison Mauk
University of Dayton Law Review
In April 2022, the Supreme Court of the United States decided in Cummings v. Premier Rehab Keller, P.L.L.C. that emotional distress damages were not recoverable in private rights of action brought under anti-discrimination statutes. Pursuant to their authority under the Spending Clause, Congress has enacted four distinct anti-discrimination statutes including Title VII, the Rehabilitation Act, the Affordable Care Act, and Title IX. In Cummings, a deaf and blind plaintiff sought emotional distress damages under the Rehabilitation Act and Affordable Care Act after she was denied an interpreter at a physical therapy appointment. The Court developed a test to determine whether …
Conscience-Based Objections To Transgender Health Care In Ohio, Kyler J. Palmer
Conscience-Based Objections To Transgender Health Care In Ohio, Kyler J. Palmer
University of Dayton Law Review
No abstract provided.
Cover And Front Matter, University Of Dayton
Cover And Front Matter, University Of Dayton
University of Dayton Law Review
Cover, table of contents and administrative information
The Demon On The Flight Deck: A Proposal For Substantive And Procedural Reform In Aviation Medical Regulations, Brendan J. Keegan
The Demon On The Flight Deck: A Proposal For Substantive And Procedural Reform In Aviation Medical Regulations, Brendan J. Keegan
University of Dayton Law Review
No abstract provided.
Not High Value Because, High Value Unless: A New Threshold Question For Speech, Tamara Lemmon
Not High Value Because, High Value Unless: A New Threshold Question For Speech, Tamara Lemmon
University of Dayton Law Review
No abstract provided.
The Meme Stock Bidding War Viewed From The Lenses Of The American And Canadian Securities Regulators, Boutros Imad
The Meme Stock Bidding War Viewed From The Lenses Of The American And Canadian Securities Regulators, Boutros Imad
University of Dayton Law Review
No abstract provided.
Why Justice Thomas Is Right: State V. Burke And The Futility Of The “Primary Purpose” Test In The Context Of Sexual Assault Nurse Examiner Testimony, Phillip T. Kelly
Why Justice Thomas Is Right: State V. Burke And The Futility Of The “Primary Purpose” Test In The Context Of Sexual Assault Nurse Examiner Testimony, Phillip T. Kelly
University of Dayton Law Review
No abstract provided.
The Conservative Paradox And The Formation Of 5–4 Coalitions, Nicholas L. Georgakopoulos
The Conservative Paradox And The Formation Of 5–4 Coalitions, Nicholas L. Georgakopoulos
University of Dayton Law Review
This analysis springs from the need to resolve a paradox. The paradox is that 5–4 decisions from the post-World War II United States Supreme Court lean conservative—they are about 58% conservative. The explanation is that the median justice has tended to be ideologically closer to the next conservative justice than the next liberal justice. A coalition with the conservative wing has tended to be easier to form than with the liberal wing. The contribution is the comparison of three models of how 5–4 vote splits may occur.
Cover And Front Matter, University Of Dayton
Cover And Front Matter, University Of Dayton
University of Dayton Law Review
Cover, table of contents, administrative information