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Articles 61 - 90 of 2006
Full-Text Articles in Law
Untangling Attorney Retainers From Creditor Claims, Cassandra Burke Robertson, Jesse Wynn
Untangling Attorney Retainers From Creditor Claims, Cassandra Burke Robertson, Jesse Wynn
Faculty Publications
Clients will often use a retainer to secure an attorney’s representation. But clients in economic distress may have creditors that are eager to access the client’s funds in the attorney’s hands. Attorneys, clients, courts, and regulators have struggled to understand who has the best claim to such retainer funds. In this Article, we attempt to untangle the most common areas of confusion. We conclude that Article 9 of the Uniform Commercial Code (UCC) offers strong protection for an attorney’s interest in client retainers through security interests, even though some courts have misapplied the UCC in this context. Further, we recommend …
Appeal No. 0989: Concerned Ohio River Residents V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0989: Concerned Ohio River Residents V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Issuance of Permits; Salt-1 Well, Salt-2 Well, Salt-3 Well (Powhatan Salt Company, LLC)
Appeal No. 0967: Florence C. Garver Living Trust V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0967: Florence C. Garver Living Trust V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2018-303
Appeal No. 0978: Robert W. Fulton & Valorie S. Fulton V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0978: Robert W. Fulton & Valorie S. Fulton V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2019-115 (EAP Ohio, LLC; K Wallace West Unit)
Appeal No. 0975: Robert W. Fulton & Valorie S. Fulton V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0975: Robert W. Fulton & Valorie S. Fulton V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2019-81 (ESP Ohio, LLC; Barrett Unit)
Appeal No. 0987: Rosalie Christman V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0987: Rosalie Christman V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2020-11
Appeal No. 0977: Robert W. Fulton & Valorie S. Fulton V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0977: Robert W. Fulton & Valorie S. Fulton V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2019-114 (EAP Ohio, LLC; K Wallace East Unit)
Appeal No. 0983: Golden Eagle Resources Ii, Llc & Siltstone Resources, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0983: Golden Eagle Resources Ii, Llc & Siltstone Resources, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2020-87 (Gulfport Appalachia, LLCC; MEC Northwest Unit)
Appeal No. 0976: Energy Exploration & Development, Inc. V. Division Of Oil & Gas Management, Ohio Oil & Gas Commission
Appeal No. 0976: Energy Exploration & Development, Inc. V. Division Of Oil & Gas Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2019-104
Appeal No. 0979: John F. Williams Oil Field Services, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0979: John F. Williams Oil Field Services, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2019-247
Appeal No. 0960: Faith Ranch & Farms Fund, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0960: Faith Ranch & Farms Fund, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Orders 2018-101 & 2018-108 (McBride East & Central Units; EAP Phioo. LLC)
Appeal No. 0980: C. David Snyder V. Divison Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0980: C. David Snyder V. Divison Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2019-343
Appeal No. 0982: Wheeling & Lake Eries Railway Company V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0982: Wheeling & Lake Eries Railway Company V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2020-01 (Gulfport Appalliachia, LLC; Angelo Unit)
Appeal No. 0961: Faith Ranch & Farms Fund, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0961: Faith Ranch & Farms Fund, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Orders 2018-101 & 2018-108 (McBride East & Central Units; EAP Phioo. LLC)
Appeal No. 0951: Jeffrey Paczewski V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0951: Jeffrey Paczewski V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2017-452 (Peters Unit; Antero Resources Corporation)
Investment Bankers As Underwriters: Barbarians Or Gatekeepers? A Response To Brent Horton On Direct Listings, Anat Alon-Beck, Robert N. Rapp, John Livingstone
Investment Bankers As Underwriters: Barbarians Or Gatekeepers? A Response To Brent Horton On Direct Listings, Anat Alon-Beck, Robert N. Rapp, John Livingstone
Faculty Publications
Direct listing clearly has the potential to meaningfully disrupt the IPO process. Changes to permit primary offerings via direct listing will help private companies to overcome some of the obstacles imposed by our securities laws and listing rules. Primary offerings by direct listing would allow for a dramatic increase in efficiency in public offerings, providing further incentive for private companies to finally provide liquidity to their shareholders while saving on the tremendous cost associated with a more traditional IPO by eliminating the need for underwriters.
Despite the positive impacts that direct listings will have on the IPO process, in their …
Holistic Review In Race-Conscious University Admissions, Hal Arkes, George W. Dent Jr.
Holistic Review In Race-Conscious University Admissions, Hal Arkes, George W. Dent Jr.
Faculty Publications
The Supreme Court has held that race may be considered as “a factor of a factor of a factor” within a “holistic” program of university admissions if the university can satisfy a heavy burden of proving that the program is “narrowly tailored” to achieve the educational benefits of diversity. The Court has listed the desired benefits of racial diversity, but it has not discussed what evidence a university needs to prove that its program is “narrowly tailored” to achieve those benefits.
This article addresses that issue. The field of psychology offers abundant research about the process of judgment and decision-making …
Statutes And The Common Law Of Contracts: A Shared Methodology, Juliet P. Kostritsky
Statutes And The Common Law Of Contracts: A Shared Methodology, Juliet P. Kostritsky
Faculty Publications
This chapter explores the intersection between, or the impact of, statutes on contract law, and compares the relative importance of, and intersections between, statutory and common law in contract.
Patent Law’S Purposeful Ambiguity, Craig Allen Nard
Patent Law’S Purposeful Ambiguity, Craig Allen Nard
Faculty Publications
The ambiguity of language is an unremarkable, yet persistent force within our legal system. In the context of patent law, ambiguity presents a particularly acute dilemma; namely, while describing technological innovations is a salient feature of the patent system, affecting the validity and scope of one’s property right, the blunt nature of language makes this task particularly difficult. This paper argues to address this vexing fixture, patent doctrine purposely embraces ambiguity as a linguistic accommodation that provides measured flexibility for actors to claim and describe their innovations. It should not be surprising, therefore, that some of patent law’s most venerable …
The Environmental Protection Agency Turns Fifty, Jonathan Adler
The Environmental Protection Agency Turns Fifty, Jonathan Adler
Faculty Publications
In anticipation of the fiftieth anniversary of the EPA’s founding, the Coleman P. Burke Center for Environmental Law and the Case Western Reserve Law Review sponsored a symposium to look at the past, present, and future of the EPA. The conference featured an array of environmental-law and -policy experts, including individuals who served in environmental-policy positions in each of the last four presidential administrations, as well as the current EPA Administrator, Andrew Wheeler.
This article is an introduction for the articles from this conference that are published in this special symposium issue of the law review.
The Supreme Court And The Illegitimacy Of Lawless Fourth Amendment Policing, Ayesha B. Hardaway
The Supreme Court And The Illegitimacy Of Lawless Fourth Amendment Policing, Ayesha B. Hardaway
Faculty Publications
For more than half a century, documented police brutality has affected communities of color and the American legal system has largely failed to address it. Beginning with Rizzo v. Goode, Supreme Court decisions have allowed local police departments nearly unlimited discretion in their policies and practices. That decision and others demonstrate that the Supreme Court is misaligned with governmental initiated reforms. The Violent Crime Control and Law Enforcement Act of 1994, which allows the U.S. Attorney General and the U.S. Department of Justice (“DOJ”) to investigate law enforcement agencies’ practices and seek injunctive relief against agencies found to have engaged …
Our Federalism On Drugs, Jonathan Adler
Our Federalism On Drugs, Jonathan Adler
Faculty Publications
Over the past decade, voters and legislatures have moved to legalize the possession of marijuana under state law. Some have limited these reforms to the medicinal use of marijuana, while others have not. Despite these reforms marijuana remains illegal under federal law. Although the Justice Department has not sought to preempt or displace state-level reforms, the federal prohibition casts a long shadow across state-level legalization efforts. This federal-state conflict presents multiple important and challenging policy questions that often get overlooked in policy debates over whether to legalize marijuana for medical or recreational purposes. Yet in a “compound republic” like the …
Uncooperative Environmental Federalism 2.0, Jonathan H. Adler
Uncooperative Environmental Federalism 2.0, Jonathan H. Adler
Faculty Publications
Has the Trump Administration made good on its pledges to reinvigorate cooperative federalism and constrain environmental regulatory overreach by the federal government? Perhaps less than one would think. This paper, prepared for the Hastings Law Journal symposium, “Revolution of Evolution? Administrative Law in the Age of Trump,” provides a critical assessment of the Trump Administration’s approach to environmental federalism. Despite the Administration’s embrace of “cooperative federalism” rhetoric, environmental policy reforms have not consistently embodied a principled approach to environmental federalism in which the state and federal governments are each encouraged to focus resources on areas of comparative advantage.
Why Choose Ltas? An Empirical Study Of Ohio Manufacturer’S Contractual Choices Through A Bargaining Lens, Juliet P. Kostritsky, Jessica Ice
Why Choose Ltas? An Empirical Study Of Ohio Manufacturer’S Contractual Choices Through A Bargaining Lens, Juliet P. Kostritsky, Jessica Ice
Faculty Publications
This paper contributes to recent scholarship regarding Long Term Agreements (LTAs) by providing empirical evidence that suppliers are more likely to undertake the costs of an LTA if the transaction requires significant capital expenditures or the potential for large sunk costs. Through a survey of a random group of 63 Ohio supplier/manufacturers, the paper explores why supplier/manufacturers with a full range of contractual and non-contractual solutions might choose one set of arrangements over others. It then seeks to link its findings to a broader theory of how parties bargain to solve durable problems under conditions of uncertainty, sunk costs and …
Abandoning Copyright, Dave Fagundes, Aaron K. Perzanowski
Abandoning Copyright, Dave Fagundes, Aaron K. Perzanowski
Faculty Publications
For nearly two hundred years, U.S. copyright law has assumed that owners may voluntarily abandon their rights in a work. But scholars have largely ignored copyright abandonment, and the case law is fragmented and inconsistent. As a result, abandonment remains poorly theorized, owners can avail themselves of no reliable mechanism to abandon their works, and the practice remains rare. This Article seeks to bring copyright abandonment out of the shadows, showing that it is a doctrine rich in conceptual, normative, and practical significance. Unlike abandonment of real and chattel property, which imposes significant public costs in exchange for discrete private …
Reconsidering Hostile Takeover Of Religious Organizations, B. Jessie Hill
Reconsidering Hostile Takeover Of Religious Organizations, B. Jessie Hill
Faculty Publications
Beginning in 2016, the headlines of major publications began announcing that Donald Trump had successfully completed a “hostile takeover” of the Republican Party. Whether this appraisal is accurate or not, it reflects concern about the associational integrity of a voluntary private organization—the Republican Party—and it suggests that some forms of organizational transformation are problematic. Moreover, the same concern might arise regarding other private associations, including religious associations. Yet, given that some transformation is inevitable and universal within religious and other voluntary organizations, it would be unwarranted to assume that all change within a religious organization is necessarily problematic.
This Article …
Essentially Elective: The Law And Ideology Of Restricting Abortion During The Covid-19 Pandemic, B. Jessie Hill
Essentially Elective: The Law And Ideology Of Restricting Abortion During The Covid-19 Pandemic, B. Jessie Hill
Faculty Publications
During the COVID-19 pandemic, several states adopted orders temporarily suspending elective surgeries and procedures. A subset of those states moved to limit abortions under those orders, provoking emergency litigation to keep abortion clinics open and functioning. No similar lawsuits have been necessary to protect access to other time-sensitive medical procedures. So why was abortion singled out for disparate treatment?
This Essay provides an overview of the litigation that ensued in the wake of some states’ attempts to limit abortion access under the authority of executive orders banning non-essential or elective procedures. It argues that abortion was singled out in two …
A New State Registration Act: Legislating A Longer Arm For Personal Jurisdiction, Charles W. (Rocky) Rhodes, Cassandra Burke Robertson
A New State Registration Act: Legislating A Longer Arm For Personal Jurisdiction, Charles W. (Rocky) Rhodes, Cassandra Burke Robertson
Faculty Publications
In a sextet of recent decisions, the Roberts Court upended the longstanding framework for general and specific contacts-based personal jurisdiction. The Court's new approach has engendered uncertainty and erected insurmountable obstacles for some plaintiffs in locating an effective forum to vindicate their rights. We propose a novel solution to the injustices and unpredictability unleashed by these decisions: a new model corporate registration act that would require, as a condition of doing business in a state, the corporation's consent to personal jurisdiction in defined circumstances that implicate state sovereign regulatory, protective, and prescriptive interests.
Registration-based consent to jurisdiction has a long …
Specialty Drugs And The Health Care Cost Crisis, Sharona Hoffman, Isaac D. Buck
Specialty Drugs And The Health Care Cost Crisis, Sharona Hoffman, Isaac D. Buck
Faculty Publications
Specialty drugs, often dispensed by specialty pharmacies, are among the most expensive drugs on the market. They are significant contributors to the American health care cost problem, but in many ways they escape public and regulatory scrutiny. Surprisingly, medications are designated as specialty drugs by pharmacy benefit managers (PBMs), entities that are part of the insurance industry, rather than by the Food and Drug Administration or medical authorities.
Specialty drugs have thus far received little attention in the legal literature. Yet, they raise important legal and regulatory questions. For example, there are no federal government rules (and only a handful …
Appeal No. 0947: John & Arlene Wehr V. Division Of Oil & Gas Resources Management & Gulfport Energy Corporation, Ohio Oil & Gas Commission
Appeal No. 0947: John & Arlene Wehr V. Division Of Oil & Gas Resources Management & Gulfport Energy Corporation, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2014-471 (Gulfport Energy Corporation; Brown #9 Unit)