Law Commons^™

Reinforced Polarization: How The Roberts Court's Recent, Akram Faizer

Akram Faizer

No abstract provided.

Constrained Choice: Mothers, The State, And Domestic Violence, Rona Kaufman Kitchen

Rona Kaufman Kitchen

Mothers who are the victims of domestic violence face unique challenges in their quest for safety. The legal response to domestic violence requires that mothers respond to abuse in specific state-sanctioned manners. However, when mothers respond accordingly, such as by reporting abuse and leaving the abusive relationship, their safety and the safety of their children is not guaranteed. Moreover, by responding in state-sanctioned manners, mothers risk a host of negative consequences including increased threat to their immediate and long-term safety, the loss of their children, undesired financial, health, and social consequences, and criminal prosecution. On the other hand, when mothers …

Exacerbating The Divide: Why The Roberts Court’S Recent Same-Sex Jurisprudence Is An Improvident Use Of The Court’S Judicial Review Powers, Akram Faizer

Akram Faizer

No abstract provided.

Holistic Pregnancy: Rejecting The Theory Of The Adversarial Mother, Rona Kaufman Kitchen

Rona Kaufman Kitchen

In its zealous effort to protect the lives and health of unborn children, the law frequently views the expecting mother with suspicion. In its most extreme form, the law regards the potential mother as a potential murderess. This perspective does not reflect the nature of pregnancy, it undermines the autonomy of loving mothers, and it is detrimental to children. Regardless of whether there is any conflict between mother and fetus, the State presumes the mother to be a threat to her fetus and subjugates her rights as a result. The State interferes with the mother’s autonomy, bodily integrity, parental rights, …

Rudolf Kjellén: Nordic Biopolitics Before The Welfare State, Markus Gunneflo

Markus Gunneflo

Attack Of The Cheerleaders! Allegations Of Violations Of The Flsa On An Uncertain Landscape, Adam Epstein

Adam Epstein

In 2013-14, several lawsuits were brought by National Football League (NFL) cheerleaders who claimed that their respective football clubs violated federal or state law with regard to violations of the Fair Labor Standards Act (FLSA), the 1938 federal act that mandates the minimum wage, overtime provisions, and so on. Interestingly, and at the same time, national discourse manifest itself over possibly increasing the federal, state and local minimum wage with various states and cities voting in favor of increasing their minimum wage. The purpose of this article is to explore the recent claims by certain NFL cheerleaders and to analyze …

Ohio And Sports Law, Adam Epstein

Adam Epstein

The purpose of this paper is to offer a broad perspective on how individuals, universities and professional teams associated with the state of Ohio have had a varied impact on sports law in general. Many of the cases and decisions discussed in this paper include familiar incidents and issues involving basketball coach Jim O’Brien, pitcher Andy Oliver, running back Maurice Clarett, sprinter Harry “Butch” Reynolds, high school football player Bobby Martin, Major League Baseball (MLB) manager Pete Rose and others. This article could also be viewed as a starting point for further research involving this Midwestern state also known as …

Disabling Complexity: The Americans With Disabilities Act Of 1990 And Its Interaction With Other Federal Laws, Tory L. Lucas

Tory L. Lucas

Given the daunting breadth, depth, and sheer volume of federal legislation impacting the labor and employment arena, the task of understanding how all of the federal legislation - not to mention state and local legislation and all corresponding regulations and caselaw - interrelates may be an impossible task even for legal experts. One vital area of federal employment legislation involves protecting the rights of individuals with disabilities. The Americans with Disabilities Act of 1990 (“ADA”) seeks “to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” To fulfill the ADA's vision to protect …

Review: 'Disobedience: The University As A Site Of Political Potential, Rowan Cahill

Rowan Cahill

The radicalism of the 1960s and 1970s, and related student insurgency, is still largely uncharted territory when it comes to Australian history. There is a small body of scholarly research comprinsing theses, book chapter, journal articles, and an equally small number of relevant books. To my knowledge only one book, by Mick Armstrong (2001), attempts to survey and grapple with the entire period, its politics and complexities; in 114 pages, this is a brief but useful contribution.

The Nba's 2011 Collectively Bargained Amnesty Clause-Exploring The Fundamentals, Adam Epstein, Kathryn Kisska-Schulze

Adam Epstein

The purpose of this article is to fundamentally introduce the amnesty clause, a relatively new provision in the labor and employment law discussions involving sport. The expression amnesty clause or amnesty provision is found in the 2011 NBA CBA. To date, academic references to the amnesty clause within the sport genre are virtually non-existent. The amnesty clause provides NBA teams a tool to release players from their contracts if they feel that the player turned out to be a bad investment, regardless of the reason. Additionally, by releasing a player under an amnesty clause provision, the team exercising the clause …

The Olympics, Ambush Marketing And Sochi Media, Adam Epstein

Adam Epstein

The purpose of this article is to explore the concept of ambush marketing and the legal environment surrounding it. With the advent of the Sochi Olympic Games held in February, 2014, ambush marketing again makes its way to the forefront of national and international attention. Certainly, the discussion of ambush marketing in advertising strategies would be a useful tool at any point in a law course that addresses intellectual property such as trademarks and domain names, and consumer protection issues in general. For decades, non-official sponsors of the Olympic Games have found ways to use the Olympic event platform to …

“The Mbca’S Universal Demand Requirement At Twenty-Five: Has It Worked As Intended?”: Fifth Annual National Business Law Scholars Conference, Matthew Lyon

Matthew Lyon

No abstract provided.

Evidence Summarized In Attorney’S Closing Arguments Predicts Acquittals In Criminal Trials Of Child Sexual Abuse, Stacia N. Stolzenberg, Thomas D. Lyon

Thomas D. Lyon

Evidence summarized in attorney’s closing arguments of criminal child sexual abuse cases (N = 189) was coded to predict acquittal rates. Ten variables were significant bivariate predictors; five variables significant at p < .01 were entered into a multivariate model. Cases were likely to result in an acquittal when the defendant was not charged with force, the child maintained contact with the defendant after the abuse occurred, the defense presented a hearsay witness regarding the victim’s statements, a witness regarding the victim’s character, or a witness regarding another witnesses’ character (usually the mother). The findings suggest that jurors might believe that …

Developmental Trends In The Process Of Constructing Own- And Other-Race Facial Composites, Narina Nunez

Narina Nunez

The current study examined developmental differences from the age of 5 to 18 in the creation process of own- and other-race facial composites. In addition, it considered how differences in the creation process affect similarity ratings. Participants created two composites (one own- and one other-race) from memory. The complexity of the composite creation process was recorded during Phase One. In Phase Two, a separate group of participants rated the composites for similarity to the corresponding target face. Results support the cross-race effect, developmental differences (based on composite creators) in similarity ratings, and the importance of the creation process for own- …

The Trading Card Effect, Adam Epstein

Adam Epstein

The purpose of this article is to demonstrate a teaching method that I have used for the last several years and have found to be effective particularly during the challenging final weeks of the semester. I reward students with trading cards for answering questions currently during an unannounced quiz to provide positive reinforcement in an engaging way. Students ultimately form teams and receive a relevant and classic football, baseball, basketball, hockey, or other trading card that they can keep as a souvenir to the class and the course. The intent is to give something to the students directly relevant to …

Port Authority's Plan To Address Aircraft Noise, Aisha Al-Muslim

Aisha Al-Muslim

No abstract provided.

Embodying Law In The Garden: An Autoethnographic Account Of An Office Of Law, Matilda Arvidsson

Dr Matilda Arvidsson

Based on an autoethnographical study of the office of the tingsnotarie this article questions the relation between the ethical self and the act of taking up a judicial office, employing the question of how I can live with (my) law. While the office and the ethical self are kept apart, often by recourse to persona, I make a case for the attendance to the self in examinations of ethical responsibility when pursuing an office of law. I propose that the garden, and in particular the practices and notions of (en)closure, (loss of) direction, cultivation, (dis)order, authorship and care-for-the-other which are …

Introduction To Dodge V. Ford Motor Co.: Primary Source And Commentary Material, Linda Kawaguchi

Linda Kawaguchi

Original documents in historic cases provide a uniquely valuable perspective on the cases themselves and the surrounding circumstances and history that contribute to the development of legal principles.

Understanding that access to historical materials can be difficult, the Chapman Law Review has endeavored to collect source documents regarding the case of Dodge v. Ford Motor Co.

After a short introduction to this compilation, including a discussion of research methodologies, several key historical documents are reproduced and transcribed that we hope will aid future researchers.

Is Negligence A First Cousin To Intentionality? Lay Conceptions Of Negligence And Its Relationship To Intentionality, Narina Nunez

Narina Nunez

In three studies, we examined lay conceptions of negligence and how they are used when making judgments about actors’ intentions, negligence, and blame. Study 1 examined the extent to which participants agreed about what constitutes negligence and accidents. After finding a high level of agreement between participants, Study 2 explored the features that defined participants’ folk understanding of negligence. Additionally, we examined if definitions of negligence overlapped with key features of definitions of intentionality proposed in the literature. Study 2 suggested there were some key overlapping features and differences between negligence and intentionality. Finally, Study 3 examined how two key …

Sovereign Immunity And Sovereign Debt, W. Mark C. Weidemaier

W. Mark C. Weidemaier

Indiana Jones, Contracts Originalist, W. Mark C. Weidemaier

W. Mark C. Weidemaier

Legal Analysis Of The Eu Policy For Sustainable Transport Biofuels, Evgenia Pavlovskaia

Evgenia Pavlovskaia

Warnings about limited oil resources, as well as the necessity to reduce GHG emissions and secure energy supply1 have become prioritized issues on the EU agenda. It has been suggested to partially replace traditional fossil fuels with other sources of renewable energy, for example with biofuels in the transport sector. This has been seen as a promising solution for complications connected with the extraction and supply of oil, as well as for the reduction of GHG emissions. It has also become understandable that the quality of biofuels and their production methods need to be sustainable. The material, from which biofuels …

Environmental Sustainability Criteria In The Coffee Sector – Lessons That Can Be Learnt, Evgenia Pavlovskaia

Evgenia Pavlovskaia

In the article, the issue of environmental sustainability criteria in the coffee sector is researched. Such important aspects in this topic are highlighted and discussed as reasons for the emergence of sustainability criteria for coffee and factors that make the production of coffee sustainable. Two widely used sustainability standards for coffee, the Fair Trade Coffee sustainability standard and the Utz Certified Coffee sustainability standard, are investigated more precisely. The environmental requirements of these standards in the form of environmental sustainability criteria, and mechanisms to control their fulfilment are outlined. The issue of control is separately highlighted, because it is considered …

Whistleblowing In Organizations: A Logit Analysis Of Litigated Cases, Yvette P. Lopez, Helen Lavan, Marsha Katz

Yvette P. Lopez

No abstract provided.

Injunctions In Sovereign Debt Litigation, W. Mark C. Weidemaier, Anna Gelpern

W. Mark C. Weidemaier

Children's Memory For Conversations About Sexual Abuse: Legal And Psychological Implications, Thomas D. Lyon, Stacia N. Stolzenberg

Thomas D. Lyon

No abstract provided.

Young Children’S Difficulty With Indirect Speech Acts: Implications For Questioning Child Witnesses, Angela D. Evans, Stacia Stolzenberg, Kang Lee, Thomas D. Lyon

Thomas D. Lyon

Prior research suggests that infelicitous choice of questions can significantly underestimate children’s actual abilities, independently of suggestiveness. One possibly difficult question type is indirect speech acts such as “Do you know…” questions (DYK, e.g., “Do you know where it happened?”). These questions directly ask if respondents know, while indirectly asking what respondents know. If respondents answer “yes,” but fail to elaborate, they are either ignoring or failing to recognize the indirect question (known as pragmatic failure). Two studies examined the effect of indirect speech acts on maltreated and non-maltreated 2- to 7-year-olds’ post-event interview responses. Children were read a story …

Promises To Keep? Coaches Tubby Smith, Jimmy Williams And Lessons Learned In 2012, Adam Epstein, Henry Lowenstein

Adam Epstein

The primary purpose of this article is to explore the 2012 legal decision that stemmed from an employment-related fiasco in 2007 when Coach Orlando Henry “Tubby” Smith first formed his staff at UM and asked coach Jimmy Williams from Oklahoma State University to join him as an assistant coach. Smith’s offer, however, proved not to be a legally binding offer, at least according to the Minnesota Supreme Court, because Smith apparently did not have the authority to make the offer in the first place. In fact, Jimmy Williams was declared by the Minnesota Supreme Court majority to have been sophisticated …

"Show Me The Money!"-Analyzing The Potential State Tax Implications Of Paying Student-Athletes, Kathryn Kisska-Schulze, Adam Epstein

Adam Epstein

On March 26, 2014, the Chicago district (Region 13) of the National Labor Relations Board (NLRB) ruled that Northwestern University football players qualify as employees and can unionize and bargain collectively, a decision which contravenes the National Collegiate Athletic Association’s (NCAA) core principle of amateurism. Shortly after, Northwestern University filed an appeal with the NLRB in Washington, D.C. to quash the prior Region 13 decision. This case has added fuel to the longstanding debate over whether student-athletes should be paid. Amidst arguments both for and against supporting the pay-for-play model from a purely compensatory stance, there has been minimal focus …

Beaten: Violent End To A Chase (Part Ii), Aisha Al-Muslim

Aisha Al-Muslim

No abstract provided.