Digital Commons Network^™

Beyond Relational Contracts: Social Capital And Network Governance In Procurement Contracts, Lisa Bernstein

Articles

No abstract provided.

Contractual Solutions For Employment Law Problems, Richard A. Epstein

Articles

No abstract provided.

Legal Scholarship For Judges, Diane P. Wood

Articles

No abstract provided.

Is Abood Irrelevant?, Daniel Hemel, David Louk

Articles

No abstract provided.

Constructed Constraint And The Constitutional Text, Curtis A. Bradley, Neil S. Siegel

Articles

In recent years, constitutional theorists have attended to the unwritten aspects of American constitutionalism and, relatedly, to the ways in which the constitutional text can be “constructed” upon by various materials. This Article takes a different approach. Instead of considering how various materials can supplement or implement the constitutional text, it focuses on how the text itself is often partially constructed in American constitutional practice. Although interpreters typically regard clear text as controlling, this Article contends that whether the text is perceived to be clear is often affected by various “modalities” of constitutional interpretation that are normally thought to come …

Introduction To Agora: Reflections On Zivotofsky V. Kerry, Curtis A. Bradley, Carlos M. Vazquez

Articles

No abstract provided.

Context Matters - What Lawyers About Choice Of Law In Merger Agreements, Juliet P. Kostritsky

Faculty Publications

Finding out the truth about a matter can proceed in many different ways. Neoclassical law and economists would construct models built on certain assumptions. The empiricists and contextualists would collect data about the matter in the inductive not deductive sense.

The choice of law in merger agreements presents an opportunity to study a contractual provision in the context of merger deals to see what we can learn from studying the choices in detail.

There are a variety of ways to approach these provisions in merger agreements. Can we learn anything about how choices are made in the drafting of these …

King V. Burwell And The Triumph Of Selective Contextualism, Jonathan H. Adler, Michael F. Cannon

Faculty Publications

King v. Burwell presented the question of whether the Patient Protection and Affordable Care Act of 2010 (ACA) authorizes the Internal Revenue Service (IRS) to issue tax credits for the purchase of health insurance through Exchanges established by the federal government. The King plaintiffs alleged an IRS rule purporting to authorize tax credits in federal Exchanges was unlawful because the text of the ACA expressly authorizes tax credits only in Exchanges “established by the State.” The Supreme Court conceded the plain meaning of the operative text, and that Congress defined “State” to exclude the federal government. The Court nevertheless disagreed …

Symposium Introduction: Marijuana, Federal Power & The State, Jonathan H. Adler

Faculty Publications

The insistence of multiple states on experimenting with various levels of marijuana decriminalization or legalization raises a host of important and difficult legal questions. To explore these questions, and the emerging landscape of marijuana law and policy, the Center for Business Law & Regulation at the Case Western Reserve University School of Law hosted an interdisciplinary conference on "Marijuana, Federal Power & the States" in September 2014. The papers from this conference are contained in this issue and address a range of constitutional, regulatory, and policy issues raised by the conflict between federal marijuana prohibition and recent state-level marijuana reforms. …

Ties That Bind? The Questionable Consent Justification For Hosanna-Tabor, Jessie Hill

Faculty Publications

In "Ties That Bind? The Questionable Consent Justification for Hosanna-Tabor," Professor Jessie Hill responds to Professor Christopher Lund's article "Free Exercise Reconceived: The Logic and Limits of Hosanna-Tabor," which was recently published in the Northwestern University Law Review. Admiring Lund's effort to weave together a comprehensive understanding of when and to what extent government can regulate religious entities with public laws, Hill nonetheless finds Lund's consent-oriented approach troubling. Hill argues that Lund does not adequately justify religious organizations' assertions of sovereignty over members who seek the protection of public laws. Addressing Lund's argument that believers can always avoid religious authority …

Medical Big Data And Big Data Quality Problems, Sharona Hoffman

Faculty Publications

Medical big data has generated much excitement in recent years and for good reason. It can be an invaluable resource for researchers in general and insurers in particular. This Article, however, argues that users of medical big data must proceed with caution and recognize the data’s considerable limitations and shortcomings. These can consist of data errors, missing information, lack of standardization, record fragmentation, software problems, and other flaws. The Article analyzes a variety of data quality problems. It also formulates recommendations to address these deficiencies, including data audits, workforce and technical solutions, and regulatory approaches

Where We Have Been And Where We Can Go From Here: Looking To The Future In Research On Media, Race And Ethnicity, Riva Tukachinsky

Communication Faculty Articles and Research

This special issue illuminates the ways in which media portrayals and practices, together, create barriers to inclusion for diverse groups and normalize existing patterns of relegation on and off the screen. Media representations of race and ethnicity have critical consequences for intergroup relationships and for marginalized group members’ self-concept. A synthesis of the research included in this volume demonstrates the significance of these questions across media outlets, their relevancy despite the rise of new technologies, and their application to social contexts outside the U.S.. Finally, this concluding article suggests directions for future research and offers implications for policies that can …

When Actors Don’T Walk The Talk: Parasocial Relationships Moderate The Effect Of Actor-Character Incongruence, Riva Tukachinsky

Communication Faculty Articles and Research

The study examines the effect of a narrative that featured an actor playing a counterattitudinal role. Participants read an online magazine interview with a popular comedian and then watched a sitcom in which this actor played a role that was either consistent or inconsistent with his personal views. Parasocial relationships with the actor moderated the effect of actor-character incongruence. Specifically, incongruence was associated with lower support for narrative-related attitudes, but only among viewers with weak parasocial relationships. These results provide evidence of the existence of vicarious cognitive dissonance, wherein witnessing another person’s hypocritical behavior produces attitude change in the observer.

Respecting Intent And Dispelling Stereotypes By Reducing Unintended Pregnancy, Dawn E. Johnsen

Articles by Maurer Faculty

No abstract provided.

Risk Management In Data Protection, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson, Orla Lynskey

Articles by Maurer Faculty

No abstract provided.

The Costs Of Mandatory Cost-Benefit Analysis In Sec Rulemaking, Donna M. Nagy

Articles by Maurer Faculty

Cost-benefit analysis can be a valuable tool when deployed at the Securities and Exchange Commission's discretion to improve its rulemaking process and the overall quality of SEC rules. However, when a cost-benefit analysis obligation is imposed externally whether from an explicit statutory command or from a de facto requirement enforced through judicial review-the costs of that mandatory cost-benefit analysis can be quite substantial. This Article identifies and explores the qualitative costs that that have already been incurred, and are bound to continue, if the adequacy of the SEC's cost-benefit analysis remains subject to extensive judicial scrutiny. These costs will only …

The Implications Of Csx And Dma, David Gamage, Darien Shanske

Articles by Maurer Faculty

This essay analyzes the implications of two recent Supreme Court cases on state and local taxation: Alabama Department of Revenue v. CSX Transportation Inc. and Direct Marketing Association v. Brohl. We argue that both of these decisions not only fail to resolve major issues in state and local taxation, but actually unsettle these issues.

Why Rico's Extraterritorial Reach Is Properly Coextensive With The Reach Of Its Predicates, Melvin L. Otey

Journal of International Business and Law

No abstract provided.

Chopped Pot: Legalizing Online Poker In The United States In A Manner That Benefits Consumers, Businesses, International Trade Obligations And Government Renevue Collection, Josh Albin

Journal of International Business and Law

No abstract provided.

Analysis Of The Expansion Of E-Commerce Into India And Growth Opportunities For Flipkart, Keith Eisenberg, Gaurav Gupta

Journal of International Business and Law

No abstract provided.

The Limitations Of Economic Reasoning In Analyzing Duress, Shawn Bayern

Minnesota Law Review Headnotes, Vols. 94-106 (2009-2022)

No abstract provided.

[Insert Company Name] Sucks: A Response To Speech, Citizenry And The Market, Byron Crowe Ii

Minnesota Law Review Headnotes, Vols. 94-106 (2009-2022)

No abstract provided.

High-Throughput Comparison, Functional Annotation, And Metabolic Modeling Of Plant Genomes Using The Plantseed Resource, Samuel M. D. Seaver, Svetlana Gerdes, Océane Frelin, Claudia Lerma-Ortiz, Louis M. T. Bradbury, Rémi Zallot, Ghulam Hasnain, Thomas D. Niehaus, Basma El Yacoubi, Shiran Pasternak, Robert Olson, Gordon Pusch, Ross Overbeek, Valérie De Crécy-Lagarde, Doreen Ware, Andrew D. Hanson, Christopher S. Henry

Publications and Research

There is a growing demand for genome-scale metabolic reconstructions for plants, fueled by the need to understand the metabolic basis of crop yield and by progress in genome and transcriptome sequencing. Methods are also required to enable the interpretation of plant transcriptome data to study how cellular metabolic activity varies under different growth conditions or even within different organs, tissues, and developmental stages. Such methods depend extensively on the accuracy with which genes have been mapped to the biochemical reactions in the plant metabolic pathways. Errors in these mappings lead to metabolic reconstructions with an inflated number of reactions and …

The Dtsa: The Litigator’S Full-Employments Act, Sharon Sandeen

Faculty Scholarship

Civil litigation is expensive, both for the party bringing suit and the party that must defend against such claims. For a variety of reasons, not the least of which are the usual requests for preliminary relief and protective orders, trade secret litigation is particularly expensive. These costs can have a crippling effect on small businesses and start-up companies that are accused of trade secret misappropriation, often resulting in litigation expenses that exceed the alleged harm to the plaintiff. Such litigation is particularly costly and unjust in cases where the plaintiff asserts rights that, due to common misunderstandings about the limited …

The Future Of Justice Scalia's Predictions Of Family Law Doom, Robert E. Rains

Faculty Scholarly Works

No abstract provided.

Globalization And Regulation, Laurel S. Terry

Faculty Contributions to Books

This chapter is part of a 20-chapter book that features essays by subject-matter experts and advances and sharpens the dialogue within the bar about accelerating disruption of the legal services marketplace. It identifies forces that are creating pressure for regulatory change across the United States, summarizes regulatory reforms that have taken place elsewhere in the world, and highlights issues that U.S. lawyer regulators must confront soon in response to a rapidly evolving legal industry. It concludes by offering predictions about the future course of lawyer regulation in the United States. While it is impossible to know exactly which regulatory changes …

The Health Insurance Mandate - A Tax Or A Taking, Karl Manheim

UC Law Constitutional Quarterly

The Patient Protection and Affordable Care Act requires Americans to have or buy health insurance. The Act, particularly the "individual mandate," has generated enormous political controversy and constitutional litigation. The House of Representatives has voted 54 times to repeal the law, and President Obama's implementation has spurred calls for his impeachment.

The Act has already reached the Supreme Court twice. In National Federation of Independent Business v. Sebelius ("NFIB"), the Supreme Court held the mandate could not be sustained as an exercise of Congress' power over interstate commerce, but was valid under the Tax and Spend Clause. Other constitutional challenges …

Eugenics Then And Now: Constitutional Limits On The Use Of Reproductive Screening Technologies, Hannah Lou

UC Law Constitutional Quarterly

Advancements in assisted reproductive technologies ("ARTs") have allowed prospective parents to exercise unprecedented control over the reproductive process and their progeny. Among ARTs, prenatal screening and diagnosis is a particularly powerful category of tools due to its mass accessibility, non-invasiveness, and availability before conception and during pregnancy. However, increased adoption of these tools also forces parents and societies to confront a broad range of ethical, legal, and personal questions about how genetic information should be used to screen for or preselect the traits of prospective offspring.

This Note advocates that based on historical experience, previous court decisions, and modern evolution …

The Unconstitutionality Of The Current Housing Arrangements For Intersex Prisoners, Nicole Antonopoulos

UC Law Constitutional Quarterly

The perpetuation of a binary society with regards to sex creates problems for intersex persons who do not easily categorize as male or female. The current housing and treatment of intersex prisoners are based partly on this classic male-female dichotomy. This Note sheds light on sex as a spectrum, and examines the potential constitutional violations that arise from the current prison housing arrangements and treatment. It also analyzes the experiences of intersex prisoner Miki Ann DiMarco and her constitutional challenges as brought forward in DiMarco v. Wyoming Department of Corrections. Additionally, this Note suggests that intersex discrimination is a form …

Smile For The Camera: The Revenge Pornography Dilemma, California's Approach, And Its Constitutionality, Snehal Desai

UC Law Constitutional Quarterly

Revenge pornography is an increasingly prevalent form of cyberharassment, in which embarrassing and sexually explicit pictures and videos are posted on the internet without the consent of the depicted individual. Due to the First Amendment's protection of speech and expression, victims have had little legal recourse against their cyber-harassers. Many states have started to pass laws prohibiting revenge pornography, which have fortunately created some protections for victims. However, the recent passage of such statutes has also led to the debate about their constitutionality.

This Note first examines revenge pornography from various First Amendment perspectives, concluding that courts should carve out …