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Articles 1 - 30 of 193
Full-Text Articles in Law
An Updated Practical Guide To Taking And Defending Depositions, Gary S. Gildin
An Updated Practical Guide To Taking And Defending Depositions, Gary S. Gildin
Dickinson Law Review (2017-Present)
The deposition offers a singular opportunity to handcuff the deponent to an irreversible script. Consequently, both the attorney taking the deposition and defending counsel must prepare for and conduct the deposition with equal if not greater care than the trial.
Traditionally, lawyers have used the deposition to discover facts relating to the legal elements and the credibility, perception, and recollection of the witness. However, recent breakthroughs in neuroscience as to how the brain makes decisions have revealed a different genre of evidence that will drive how the trier of fact will decide the case. Today an attorney taking a deposition …
Vertical Restraints In An Amazon World, Martin Edwards
Vertical Restraints In An Amazon World, Martin Edwards
Dickinson Law Review (2017-Present)
Vertical restraints are a peculiarity, even among the dizzying array of contracts subject to antitrust scrutiny. While current law treats vertical restraints permissively, antitrust reformers have added this permissive treatment of vertical restraints to their list of proposed reforms. The reformers have softly proposed that courts apply a presumption of illegality standard for vertical restraints— greater scrutiny than the current standard, the rule of reason. This Article argues that doing so is inadvisable.
Producers and their consumers both want the same thing: the best overall product experience for the money. The critical economic functions of vertical restraints are to enable …
The Outer Limits Of Digital Privacy Protections: A Review Of The Privacy Fallacy, Michael Conklin
The Outer Limits Of Digital Privacy Protections: A Review Of The Privacy Fallacy, Michael Conklin
Dickinson Law Review (2017-Present)
No abstract provided.
Command Responsibility And The War In Ukraine: Can Customary International Law Hold Russian Commanders Accountable For War Crimes?, Nicholas J. Nizinski
Command Responsibility And The War In Ukraine: Can Customary International Law Hold Russian Commanders Accountable For War Crimes?, Nicholas J. Nizinski
Dickinson Law Review (2017-Present)
Currently, neither Ukraine’s Constitution nor its criminal code establish the principle of command responsibility as a mode of criminal liability within the country. Key international statutes like Article 28 of the International Criminal Court and international case law, like the recently decided Case of Milanković v. Croatia, have firmly established the doctrine of command responsibility as a fundamental principle of customary international law applicable in the context of an armed conflict. Furthermore, the Milanković court affirmed a conviction based on command responsibility even in the absence of a clear domestic governing statute at the time the crime was committed, …
Blind Grading Gives Law Schools 20/20 Vision, Amy H. Soled
Blind Grading Gives Law Schools 20/20 Vision, Amy H. Soled
Dickinson Law Review (2017-Present)
There has been a big push to revamp legal education. Many have argued that after years of doing things the same way, it is time to change. While there is validity for the need for reform, educators should embrace the one thing legal education has gotten right: anonymous or blind grading. This Essay makes the case that blind grading should not only remain in legal education, but every law school course should adopt it, including writing and clinical courses. Only through blind grading can law schools better succeed in the ABA mandated goals of diversity, equity, and inclusion. Grades are …
Contempt: The Original Judicial Cheat Code, Ryan L. Scott
Contempt: The Original Judicial Cheat Code, Ryan L. Scott
Dickinson Law Review (2017-Present)
The judicial contempt power challenges the fundamental rights enshrined in America’s Constitution. Imagine spending eight years in federal prison with no right to a jury trial or a court appointed attorney. Your only reprieve is the discretion of the judge who is imprisoning you. Meaningful appeals and even habeas corpus actions are generally not available remedies. Instead, what was originally justified as an inherent power of the court, necessary to maintain order and decorum, is increasingly used for trivial offenses or to incarcerate individuals for far longer than their possible crimes would otherwise warrant.
Despite widespread instances of abuse of …
The Liv Golf V. Pga Tour Antitrust Case As A Case Study In Federal Civil Procedure, Michael J. Dube
The Liv Golf V. Pga Tour Antitrust Case As A Case Study In Federal Civil Procedure, Michael J. Dube
Dickinson Law Review (2017-Present)
This Article uses LIV Golf Inc. v. PGA Tour, Inc., a sophisticated and headline-grabbing antitrust matter, as a means of instantiating federal civil procedure concepts. The first Part of this Article addresses the unsuccessful motion for a temporary restraining order that in many ways shaped how the litigation proceeded. The second Part examines the dance that is discovery through a focus on a drawn-out dispute regarding a single interrogatory. The final Part drills down on a more novel discovery dispute that began the path towards settlement, namely whether the Foreign Sovereign Immunities Act of 1976 and related common-law doctrine …
Chilling Victims’ Rights: The Supreme Court Creates A “Pride Of Place” For True Threats, Ana Maria Matovic
Chilling Victims’ Rights: The Supreme Court Creates A “Pride Of Place” For True Threats, Ana Maria Matovic
Dickinson Law Review (2017-Present)
Living in the Information Age means that information is literally always at our fingertips. This also means that keeping tabs on one another is as easy as a tap on a screen. The effortless ability to follow another’s life on the internet has led to a sinister phenomenon: cyberstalking. Prosecuting cyberstalking cases poses complex constitutional challenges. Specifically, prosecuting these cases may clash with a perpetrator’s First Amendment right to free speech. However, the First Amendment does not protect all categories of speech. One of those unprotected categories is the category of “true threats.” If a perpetrator’s conduct constitutes a “true …
Want To Solve Labor Shortages? Relaxing The Child Labor Law Is Not The Answer, Yi Wu
Want To Solve Labor Shortages? Relaxing The Child Labor Law Is Not The Answer, Yi Wu
Dickinson Law Review (2017-Present)
Recently, the United States has been engaged in a nationwide debate over loosening regulations regarding children’s employment. The Fair Labor Standards Act (FLSA) sets restrictions on the working hours of children under 16 and prohibits their employment in certain hazardous positions. However, some states, such as Iowa, Ohio, Arkansas, and Wisconsin, have either passed or are considering legislation allowing children to work longer hours or in potentially dangerous conditions in response to labor shortages. These new state laws conflict with existing federal regulations. This Comment discusses why states should refrain from relaxing their child labor laws to permit children to …
Materiality In The Long Now: Navigating The Intersection Of Decision-Making, Time, And Strategy, Daniel M. Labovitz, Alexander Kontoleon
Materiality In The Long Now: Navigating The Intersection Of Decision-Making, Time, And Strategy, Daniel M. Labovitz, Alexander Kontoleon
Dickinson Law Review (2017-Present)
Existing formulations of materiality in the federal securities laws contain an inherent limitation because they don’t adequately account for how risks and opportunities change over time. This can mislead investors looking to understand how well a company is poised to avoid long-dated risks and take advantage of evolving opportunities because those risks and opportunities don’t neatly fit into the rubric of “likelihood of occurrence times magnitude of harm equals materiality.” This is because the likelihood of any long-dated risk occurring within a short reporting time frame will always approach zero, which means the traditional model of materiality will always classify …
A Bill Of Thirst: How Congress Can Support Interstate Water Markets, Jakob Haws
A Bill Of Thirst: How Congress Can Support Interstate Water Markets, Jakob Haws
Dickinson Law Review (2017-Present)
Addressing modern-day water scarcity will likely require legal mechanisms to facilitate efficient water transfers between states. One such mechanism is a water market. Water markets promote more efficient water consumption and abound within states, but generally do not exist between states. This absence stems from protectionist state laws and from interstate water compact provisions which govern and allocate shared water sources. While useful in many regards, interstate water compacts often impose unnecessary legal obstacles against innovative drought-mitigating measures—including interstate water markets. The most serious of these obstacles is the fact that states cannot revise interstate water compacts without (1) obtaining …
Ensuring Just Compensation: Imposing A Reasonable Time Limit On Payment Of Money Judgments Under The Fifth Amendment, Paul Mackey
Ensuring Just Compensation: Imposing A Reasonable Time Limit On Payment Of Money Judgments Under The Fifth Amendment, Paul Mackey
Dickinson Law Review (2017-Present)
The government’s use of eminent domain power to take private property for public use remains a controversial and fast-moving area of law. The Fifth Amendment was ratified as a check on the state’s use of eminent domain power by requiring just compensation after a taking. There is great variation among the states regarding the requirements of just compensation in an eminent domain claim. Some states are unwilling to provide any compensation at all, while others ensure full compensation. Property owners whose land has been taken face a dilemma when, after winning a money judgment in state court, they are unable …
Keeping Your Eye On The Esg Sustainable Development Ball, Richard J. Sobelsohn
Keeping Your Eye On The Esg Sustainable Development Ball, Richard J. Sobelsohn
Dickinson Law Review (2017-Present)
Environmental, Social, and Governance (“ESG”) mandates were originally aspirational sound-bites, but now they have become a part of many companies’ mandates. Most recently with some backlash against ESG directives, most organizations are still complying with their original goals, because the economic arguments for having an ESG protocol is still valid. This article discusses what ESG is, how it relates to different types of companies, and most importantly, what legal issues pertain to it.
This Article examines how ESG guidelines pertain to different types of entities, and how these protocols affect everything from contract drafting, construction of a property, operations and …
Book Review—Environmental, Social, Governance: The Professional’S Guide To The Law And Practice Of Esg, William J. Donohue
Book Review—Environmental, Social, Governance: The Professional’S Guide To The Law And Practice Of Esg, William J. Donohue
Dickinson Law Review (2017-Present)
No abstract provided.
Cleaning Up Space Junk: Applying The Models Of U.S. Domestic Environmental Law To Regulate The Creation Of Orbital Debris By Private Actors, Sara Henry
Dickinson Law Review (2017-Present)
The commercial space flight industry has grown rapidly in recent decades, and Congress has implemented a “learning period” to prevent heavy regulations on the industry. This learning period has led to the proliferation of orbital debris in space. The learning period is set to lapse in 2024, and now is the proper time to implement regulations to mitigate the creation of more debris. These regulations should be modeled after federal environmental law, including simplifying the current permit system and setting up a trust fund to finance research into active debris removal.
Correcting Contradiction: Limiting License Suspension As A Child Support Enforcement Mechanism In Pennsylvania, Robin Platte
Correcting Contradiction: Limiting License Suspension As A Child Support Enforcement Mechanism In Pennsylvania, Robin Platte
Dickinson Law Review (2017-Present)
In many communities across Pennsylvania, maintaining employment without a driver’s license is extremely difficult. Section 4355 of the Pennsylvania Domestic Relations Code authorizes license suspension as a means to encourage child support payments. Unfortunately, license suspensions rarely result in obligors making payments. Instead, suspensions often lead to loss of employment and financial insecurity. Under Section 4355, if an obligor falls three months behind in child support payments, their professional, recreational, and driver’s licenses may be suspended indefinitely. Coincidentally, the obligor’s actual ability to pay may not be considered in a pre-suspension hearing. Even those who fall far below the national …
Reshaping Government’S Fiduciary Role Under The 1992 Constitution Of Ghana, Rose Rameau, Abdul Baasit Aziz Bamba
Reshaping Government’S Fiduciary Role Under The 1992 Constitution Of Ghana, Rose Rameau, Abdul Baasit Aziz Bamba
Dickinson Law Review (2017-Present)
In Ghana and across many African States, the people—through the instrumentality of law or their respective Constitutions— have constituted their presidents trustees of the natural resources to be held in trust for the benefit of the people. With a few exceptions, mineral resource governance in Africa has been horrendous: Many African States have failed to leverage their natural resource endowments as a catalyst for much-needed socioeconomic development.
This Article analyzes the 1992 Constitution of the Republic of Ghana which provides that all public lands and natural resources in Ghana shall be vested in the President on behalf of, and in …
The Case For Climate Reparations, Scott W. Stern
The Case For Climate Reparations, Scott W. Stern
Dickinson Law Review (2017-Present)
Climate reparations are, to employ an old cliché, an idea whose time has come. Of course, calls for reparations have been emanating from the Global South since long before scholars in the Global North started paying attention. The United States has been in the midst of a public debate over reparations for many years. And reparations have become among the more contentious issues pushed by campaigners and even delegates at international climate summits. Yet, although legal scholars have begun to contend with climate reparations, there is hardly a robust body of literature on the matter. The subject deserves—demands— deep scrutiny. …
A Critical Assessment Of The First Step Act’S Recidivism-Reduction Measures, Raquel Wilson
A Critical Assessment Of The First Step Act’S Recidivism-Reduction Measures, Raquel Wilson
Dickinson Law Review (2017-Present)
The First Step Act of 2018 (“FSA”) is the most impactful federal sentencing reform of the past 40 years. While the Act represents a partial resurgence of the rehabilitative model of imprisonment, which had fallen out of favor decades before, it also represents a missed opportunity to fully integrate evidence-based rehabilitation programs for those offenders who pose the greatest risks to public safety.
The public has a strong interest in reducing recidivism, particularly among violent offenders, most of whom will be released from federal prison eventually. The FSA incentivizes participation in evidence-based, recidivism-reducing programs offered by the Bureau of Prisons …
The Sword And The Scale: Model Rule 8.4(G) As A Tool Of Racial Justice In The Legal Profession, Tiffany Williams Brewer
The Sword And The Scale: Model Rule 8.4(G) As A Tool Of Racial Justice In The Legal Profession, Tiffany Williams Brewer
Dickinson Law Review (2017-Present)
Lady Justice. Have you seen her? Standing regal and tall with blindfolded eyes. A sword in one hand and a scale in the other. Her image represents a symbol of hope and idealism in protecting and delivering her virtues. Lawyers enter this noble profession to do right by her and carry on her legacy. We serve our clients with the aim that she will ultimately be both our arbiter of facts and our judge. While the symbolism of her blindfold is often the subject of commentary on justice, consider the symbolism of the powerful tools she has chosen in her …
Book Review—Shaping The Bar: The Future Of Attorney Licensing, Kevin P. Lee
Book Review—Shaping The Bar: The Future Of Attorney Licensing, Kevin P. Lee
Dickinson Law Review (2017-Present)
No abstract provided.
A Second Chance At Success: Using “Second Look” Laws To Modify Sentences Of Juvenile Offenders, Sophia M. Adams
A Second Chance At Success: Using “Second Look” Laws To Modify Sentences Of Juvenile Offenders, Sophia M. Adams
Dickinson Law Review (2017-Present)
“Second look” sentencing laws allow incarcerated individuals to petition to have their sentences reexamined and potentially reduced after they have served a significant period of incarceration. This rehabilitative relief is conditioned upon an offender showing that they have made meaningful positive changes while incarcerated and would not pose a threat to their community if released. Implementing second look laws is particularly appropriate in the context of offenders who have committed crimes as juveniles. The U.S. Supreme Court has recognized that juvenile offenders are less culpable than their adult counterparts and psychological science supports this conclusion. This Comment examines and compares …
Weed Like Our Money Back: Amending Pennsylvania’S Medical Cannabis Law For Insolvent Cannabusinesses, Nikolajs V. Gaikis
Weed Like Our Money Back: Amending Pennsylvania’S Medical Cannabis Law For Insolvent Cannabusinesses, Nikolajs V. Gaikis
Dickinson Law Review (2017-Present)
In 2016, Pennsylvania joined what is now 37 states and the District of Columbia in legalizing medical cannabis. The Commonwealth’s cannabusinesses share in a struggle that is common in other legal jurisdictions: operating within the confines of the Controlled Substances Act and the Bankruptcy Code. Insolvent individuals and businesses that profit from cannabis or hold cannabis assets cannot declare bankruptcy because cannabis is a Schedule I drug. Under state law, other insolvency alternatives like an assignment for the benefit of creditors, receiverships, and compositions with creditors exist as potential alternatives.
Pennsylvania’s insolvent cannabusinesses are in a uniquely poor position because …
The Presumption Of Constitutionality And The Demise Of Economic Liberties, James Huffman
The Presumption Of Constitutionality And The Demise Of Economic Liberties, James Huffman
Dickinson Law Review (2017-Present)
For over two centuries the United States Supreme Court has embraced a presumption of constitutionality that places the burden of proof on those challenging the constitutionality of governmental actions. Usually, the presumption is stated as a given, but when explained it is most often said to be founded in republicanism and due respect for the co-equal branches of government. Thus, the presumption constitutes a deference to the constitutional interpretations of the elected branches of government. This majoritarian view of the Constitution’s foundational principle is counter to the dominant view of the Constitution’s founders. They designed a government constituted of numerous …
The Israel-Lebanon Maritime Border Agreement: Does Lebanon Implicitly Recognize The State Of Israel?, Mireille Rebeiz
The Israel-Lebanon Maritime Border Agreement: Does Lebanon Implicitly Recognize The State Of Israel?, Mireille Rebeiz
Dickinson Law Review (2017-Present)
In October 2022, Lebanon and Israel signed a Maritime Border Agreement brokered by the United States of America. Lebanon does not recognize Israeli statehood, and the two States have been at war since 1948. This Article seeks to examine the following legal question: Does the signing of the Maritime Border Agreement imply Lebanese recognition of Israeli statehood? In response, this Article begins with a brief examination of the history of the territorial and border disputes between Lebanon and Israel (discussed in Section I), then proceeds to analyze the definition of statehood and the two theories of statehood recognition. International law …
Training Is Everything: Artificial Intelligence, Copyright, And “Fair Training”, Andrew W. Torrance, Bill Tomlinson
Training Is Everything: Artificial Intelligence, Copyright, And “Fair Training”, Andrew W. Torrance, Bill Tomlinson
Dickinson Law Review (2017-Present)
In this Essay, we analyze the arguments in favor of, and against, viewing the use of copyrighted works in training sets for AI as fair use. We call this form of fair use “fair training.” We identify both strong and spurious arguments on both sides of this debate. In addition, we attempt to take a broader perspective, weighing the societal costs (e.g., replacement of certain forms of human employment) and benefits (e.g., the possibility of novel AI-based approaches to global issues such as environmental disruption) of allowing AI to make easy use of copyrighted works as training sets to facilitate …
The Paradox Of The Paradox Of Democracy, Raymond H. Brescia
The Paradox Of The Paradox Of Democracy, Raymond H. Brescia
Dickinson Law Review (2017-Present)
In The Paradox of Democracy: Free Speech, Open Media, and Perilous Persuasion, authors Zac Gershberg and Sean Illing argue that democracies contain the capacity for their own destruction because they promote open communication but such communication can be manipulated by authoritarian forces. They argue further that with contemporary communications technologies the descent into fascism is even more likely. The authors argue that in order to confront these threats, democratic nations must increase media literacy within the citizenry and strengthen local journalism. Given the grave nature of the threats the authors have exposed, these solutions do not appear up to …
A Theory Of Federalization Doctrine, Gerald S. Dickinson
A Theory Of Federalization Doctrine, Gerald S. Dickinson
Dickinson Law Review (2017-Present)
The doctrine of federalization—the practice of the U.S. Supreme Court consulting state laws or adopting state court doctrines to guide and inform federal constitutional law—is an underappreciated field of study within American constitutional law. Compared to the vast collection of scholarly literature and judicial rulings addressing the outsized influence Supreme Court doctrine and federal constitutional law exert over state court doctrines and state legislative enactments, the opposite phenomenon of the states shaping Supreme Court doctrine and federal constitutional law has been under-addressed. This lack of attention to such a singular feature of American federalism is striking and has resulted in …
Using The Common Law Of Contracts To Police Abusive Terms In Hospital Admissions Agreements: Balancing Freedom Of Contract With Fairness, George A. Nation Iii
Using The Common Law Of Contracts To Police Abusive Terms In Hospital Admissions Agreements: Balancing Freedom Of Contract With Fairness, George A. Nation Iii
Dickinson Law Review (2017-Present)
Standard hospital admissions contracts (“HACs”) often contain provisions that are shockingly unfair, but are easily overlooked or misunderstood by patients. Hospitals rely on the common law of contracts, especially the doctrine of freedom of contract, to claim that these provisions should be enforced. Many courts have accepted the freedom of contract argument and enforced some or all of these provisions.
This Article suggests that courts are in error to enforce these harsh provisions against patients. This Article focuses on four harsh provisions commonly found in HACs. First is the payment provision which is opaque, misleading, and designed to allow hospitals …
Industrial Jurisdiction, Daniel Z. Epstein
Industrial Jurisdiction, Daniel Z. Epstein
Dickinson Law Review (2017-Present)
William Novak’s New Democracy: The Creation of the Modern American State reveals how the current administrative state evolved to control economic activity through an incremental rejection of state-based common law and police powers in favor of centralized public regulation. This review identifies the business case for the administrative state and presents the first academic treatment of pro-regulation testimony from business interests during congressional consideration of the Interstate Commerce Act. In so doing, this review shows how the concept of industry is as much a legal concept as it is an economic one. This review argues that the nature of regulatory …