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Articles 1 - 30 of 108
Full-Text Articles in Law
The Effect Of Violence On Tourism: Israel-Gaza Conflict, Jeromy Simonovic
The Effect Of Violence On Tourism: Israel-Gaza Conflict, Jeromy Simonovic
In the Balance
No abstract provided.
Free Expression And Censorship: The Evolving Role Of American Companies In The Age Of The Internet, Daniel Witt
Free Expression And Censorship: The Evolving Role Of American Companies In The Age Of The Internet, Daniel Witt
In the Balance
No abstract provided.
The Law Of Social Quotas: An Examination Of Brazil’S Efforts For Greater Diversity In The Classroom, Benjamin Williams
The Law Of Social Quotas: An Examination Of Brazil’S Efforts For Greater Diversity In The Classroom, Benjamin Williams
In the Balance
No abstract provided.
2 Vol, 1 Issue, Table Of Contents - In The Balance, Global Business Law Review
2 Vol, 1 Issue, Table Of Contents - In The Balance, Global Business Law Review
In the Balance
No abstract provided.
Batter Up: Who’S Prepared To Take The Hit From The Stuxnet Aftermath?, Kortney Mosley
Batter Up: Who’S Prepared To Take The Hit From The Stuxnet Aftermath?, Kortney Mosley
In the Balance
No abstract provided.
Fatca: A Big Concern For Fat Cats And Small Fries Alike, Wayne C. Wood
Fatca: A Big Concern For Fat Cats And Small Fries Alike, Wayne C. Wood
In the Balance
No abstract provided.
Where Are Your Drugs Really Made And Who Is Regulating It?, Floyd Trillis Iii
Where Are Your Drugs Really Made And Who Is Regulating It?, Floyd Trillis Iii
In the Balance
No abstract provided.
The United States' Use Of Drones In The War On Terror: The (Il)Legality Of Targeted Killings Under International Law, Milena Sterio
The United States' Use Of Drones In The War On Terror: The (Il)Legality Of Targeted Killings Under International Law, Milena Sterio
Law Faculty Articles and Essays
After the terrorist attacks of September 11, 2001, the United States government began to use drones against al-Qaeda targets. According to several media reports, the United States developed two parallel drone programs: one operated by the military, and one operated in secrecy by the CIA. Under the Obama Administration, the latter program developed and- the number of drone attacks in countries such as Pakistan and Yemen has steadily increased. Because the drone program is operated covertly by the CIA, it has been impossible to determine the precise contours of the program, its legal and normative framework, and whether its operators …
The Benefit Of Adopting Comprehensive Standards Of Monitoring Employee Technology Use In The Workplace, Karin M. Mika
The Benefit Of Adopting Comprehensive Standards Of Monitoring Employee Technology Use In The Workplace, Karin M. Mika
Law Faculty Articles and Essays
This article will examine issues as they relate to the privacy of employees’ lives given that nearly everything can be discovered by some form of electronic monitoring. It will posit that most laws as they exist today do little to apprise either the employer or the employee as to what type of electronic monitoring of personal communications is acceptable. It will further propose that most employer policies related to scrutinizing employee electronic communications are vague and unsuitable. The article will conclude that, given the leeway employers tend to be given (often justifiably so) in monitoring employees there is little chance …
A Secure Medical Communication System For Android Smartphones, Ben Andow
A Secure Medical Communication System For Android Smartphones, Ben Andow
Undergraduate Research Posters 2012
The use of smartphones within the medical field can be beneficial in numerous ways. Communication protocols and access controls ensure that the application prototype is compliant with HIPPA regulations.
The Ohio Supreme Court’S Perverse Stance On Development Impact Fees And What To Do About It, Alan Weinstein
The Ohio Supreme Court’S Perverse Stance On Development Impact Fees And What To Do About It, Alan Weinstein
All Maxine Goodman Levin School of Urban Affairs Publications
Ohio is among the twenty-two states that have no enabling legislation for development impact fees. But in a 2000 ruling, Homebuilders Association of Dayton and the Miami Valley, et. al. v. City of Beavercreek, a divided Ohio Supreme Court ruled that municipalities could lawfully enact impact fees under their police and “home rule” powers, provided that the fees could pass constitutional muster under a “dual rational nexus test.” On May 31, 2012, however, the Court ruled in Drees Company, et. al. v. Hamilton Township, that a development impact fee enacted by an Ohio township with “limited home rule” powers was …
The Ohio Supreme Court’S Perverse Stance On Development Impact Fees And What To Do About It, Alan C. Weinstein
The Ohio Supreme Court’S Perverse Stance On Development Impact Fees And What To Do About It, Alan C. Weinstein
Alan C Weinstein
Ohio is among the twenty-two states that have no enabling legislation for development impact fees. But in a 2000 ruling, Homebuilders Association of Dayton and the Miami Valley, et. al. v. City of Beavercreek, a divided Ohio Supreme Court ruled that municipalities could lawfully enact impact fees under their police and “home rule” powers, provided that the fees could pass constitutional muster under a “dual rational nexus test.” On May 31, 2012, however, the Court ruled in Drees Company, et. al. v. Hamilton Township, that a development impact fee enacted by an Ohio township with “limited home rule” powers was …
Covert, Delayed Notice Searches: A Constitutional And Policy Failure—And A Solution, Jonathan Witmer-Rich
Covert, Delayed Notice Searches: A Constitutional And Policy Failure—And A Solution, Jonathan Witmer-Rich
Jonathan Witmer-Rich
Over the past decade, law enforcement officials have conducted covert searches of American homes and businesses at a dramatically increasing rate. In some cases, investigators also seize evidence, keeping the search covert by staging the seizure to look like a burglary. These covert searches were authorized by the USA Patriot Act, through the use of delayed notice search warrants. The number of covert, delayed notice warrants has skyrocketed in the past five years, from around 175 in 2006 to 3,700 in 2011. About ten percent of all federal search warrants are now delayed notice warrants.This article describes the legal evolution …
Deciphering Divergent Accounting Standards, Samantha White
Deciphering Divergent Accounting Standards, Samantha White
In the Balance
No abstract provided.
1 Vol., 2 Issue, Table Of Contents (Color) - In The Balance, Global Business Law Review
1 Vol., 2 Issue, Table Of Contents (Color) - In The Balance, Global Business Law Review
In the Balance
No abstract provided.
What's The Fracking Problem?, Joel S. Sonnenberg
1 Vol., 2 Issue, Masthead - In The Balance, Global Business Law Review
1 Vol., 2 Issue, Masthead - In The Balance, Global Business Law Review
In the Balance
No abstract provided.
Working Conditions In China: Drama Or Reality?, Evan Bishop
Working Conditions In China: Drama Or Reality?, Evan Bishop
In the Balance
No abstract provided.
License To Kill? Corporate Liability Under The Alien Tort Claims Act?, Kevin Golden
License To Kill? Corporate Liability Under The Alien Tort Claims Act?, Kevin Golden
In the Balance
Because Kiobel removed corporate defendants from the scope of civil liability under the ATS, and because a corporation is not a person who can be charged, convicted and imprisoned for a crime, it effectively placed large multinational corporations above the law. Kiobel v. Royal Dutch Petroleum Co., 621 F.3d 111, 145 (2d Cir. 2010). In Part II of this article, I will provide a necessary overview of the history of the ATS and its evolution into modern-day relevance. I will discuss the state of ATS law as it pertains to corporations in Part III. Lastly, I will discuss the Kiobel …
Will Uefa's Financial Fair Play Have Its Day In Court?, Kevin Mcconnell
Will Uefa's Financial Fair Play Have Its Day In Court?, Kevin Mcconnell
In the Balance
No abstract provided.
Is American Military Force A Legal Response If Iran Closes The Strait Of Hormuz?, Matthew O. Williams
Is American Military Force A Legal Response If Iran Closes The Strait Of Hormuz?, Matthew O. Williams
In the Balance
No abstract provided.
Costa Concordia Crash Sparks New Regulation: May Be Too Late To Salvage Business , Katherine Bender
Costa Concordia Crash Sparks New Regulation: May Be Too Late To Salvage Business , Katherine Bender
In the Balance
No abstract provided.
1 Vol, 2 Issue, Table Of Contents - In The Balance, Global Business Law Review
1 Vol, 2 Issue, Table Of Contents - In The Balance, Global Business Law Review
In the Balance
No abstract provided.
Common Law Constitutionalism, The Constitutional Common Law, And The Validity Of The Individual Mandate, Abigail R. Moncrieff
Common Law Constitutionalism, The Constitutional Common Law, And The Validity Of The Individual Mandate, Abigail R. Moncrieff
Law Faculty Articles and Essays
The paper proceeds as follows. Part I describes the constitutional common law and its interactions with common-law constitutionalism. Part II uses the fight over the constitutionality of the Patient Protection and Affordable Care Act (ACA) and its so-called "individual mandate" as a case study to flesh out the core differences between common-law constitutionalism and constitutional common law. Part III argues that a viable justification for a living constitution needs to embrace and defend the courts' essentially political nature, confronting head-on the (skyscraper) originalists' sense that courts should never do politics.
Transcript: The Case For National Political (Rather Than State Or Judicial) Regulation Of Healthcare, Abigail R. Moncrieff
Transcript: The Case For National Political (Rather Than State Or Judicial) Regulation Of Healthcare, Abigail R. Moncrieff
Law Faculty Articles and Essays
One place where judges are becoming increasingly involved is in dormant Commerce Clause cases, and it would have been possible to issue the exact same holding in Sorrell by using dormant commerce analysis. To make the exact same challenge (it would have been up to the litigants, but) it would have been possible to present a similar challenge on dormant Commerce Clause grounds and to have said that this creates uneven regulation for pharmaceutical companies that need to craft different marketing approaches for different states according to different rules about what kinds of data they're allowed to use and not …
Judicial Protection Of Popular Sovereignty: Redressing Voting Technology, Candice Hoke
Judicial Protection Of Popular Sovereignty: Redressing Voting Technology, Candice Hoke
Law Faculty Articles and Essays
My analysis seeks to underscore the gravity of technologically threatened constitutional voting rights and values, implicating both individual rights to vote and the structural promise of popular sovereignty. Resolution of the dispute over the meaning of Fourteenth Amendment17 principles properly derived from Bush v. Gore18 will be pivotal to assuring meaningful voting rights in the information society. If the Court should hold the Fourteenth Amendment to embrace a deferential standard of review or arduous intent requirements, allowing state political branches to persist in choosing voting technologies based on scientifically unfounded premises that do not achieve classic components of voting rights, …
Stare Decisis In The Inferior Courts Of The United States, Joseph Mead
Stare Decisis In The Inferior Courts Of The United States, Joseph Mead
Law Faculty Articles and Essays
While circuit courts are bound to fallow circuit precedent under "law of the circuit" the practice among federal district courts is more varied and uncertain, routinely involving little or no deference to their own precedent. I argue that the different hierarchical levels and institutional characteristics do not account for the differences in practices between circuit and district courts. Rather, district courts can and should adopt a "law of the district" similar to that of circuit courts. Through this narrow proposal, I explore the historical stare decisis practices in federal courts that are not Supreme.
Reply To Critics Of The Heartbeat Bill, David Forte
Reply To Critics Of The Heartbeat Bill, David Forte
Law Faculty Articles and Essays
Forte's reply to critics of HB 125 – The Heartbeat Bill (2011-2012) appears on the Catholic Conference of Ohio website.
Safeguarding The Safeguards: The Aca Litigation And The Extension Of Structural Protection To Non-Fundamental Liberties, Abigail R. Moncrieff
Safeguarding The Safeguards: The Aca Litigation And The Extension Of Structural Protection To Non-Fundamental Liberties, Abigail R. Moncrieff
Law Faculty Articles and Essays
As the lawsuits challenging the Patient Protection and Affordable Care Act (ACA) have evolved, one feature of the litigation has proven especially rankling to the legal academy: the courts' incorporation of substantive libertarian concerns into their structural federalism analyses. The breadth and depth of scholarly criticism is surprising, especially given that judges frequently choose indirect methods, including the structural and processbased methods at issue in the ACA litigation, for protecting substantive constitutional values. Indeed, indirect protection of constitutional liberties is a well-known and well-theorized strategy, which one scholar recently termed "semisubstantive review" and another theorized as "judicial manipulation of legislative …
Using Visuals To Enhance Student Learning, Karin Mika
Using Visuals To Enhance Student Learning, Karin Mika
Law Faculty Articles and Essays
Professor Karen Mika describes how visuals can enhance student learning.