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Articles 1 - 11 of 11
Full-Text Articles in Law
Scotus Summary: The Supreme Court's Decision In King V. Burwell On Healthcare, Wilson Huhn
Scotus Summary: The Supreme Court's Decision In King V. Burwell On Healthcare, Wilson Huhn
Con Law Center Articles and Publications
This report analyzes the Supreme Court’s decision in King v. Burwell, which was handed down on June 25, 2015. In this case the Supreme Court revisited the Affordable Care Act, the statute whose constitutionality was upheld in the 2012 case of NFIB v. Sebelius. In NFIB the Court ruled that it was constitutional for Congress to impose a tax on persons who fail to purchase health insurance.
Scotus Summary: Separation Of Powers In Zivotofsky V. Kerry, Wilson Huhn
Scotus Summary: Separation Of Powers In Zivotofsky V. Kerry, Wilson Huhn
Con Law Center Articles and Publications
Welcome to Supreme Podcast, and the summary of the decision of the Supreme Court in Zivotofsky v. Kerry.
This is a Separation of Powers case involving a dispute between the President and Congress over the recognition of a foreign country, in this case the power of the President to determine which foreign government, if any, has territorial sovereignty over the City of Jerusalem. By a vote of 6-3 the Supreme Court upheld the President’s exclusive and conclusive authority to make that determination.
"Just A Bit Outside!": Proportionality In Federal Discovery And The Institutional Capacity Of The Federal Courts, Bernadette Bollas Genetin
"Just A Bit Outside!": Proportionality In Federal Discovery And The Institutional Capacity Of The Federal Courts, Bernadette Bollas Genetin
Akron Law Faculty Publications
This Article focuses on pending amendments to Rule 26(b)(1), the scope-of-discovery provision in the Federal Rules of Civil Procedure. Proposed Rule 26(b)(1) would authorize parties to obtain discovery of “any non-privileged matter that is relevant to any party’s claim or defense” if that information is also “proportional to the needs of the case,” based on enumerated proportionality factors – “the importance of the issues at state in the action, the amount in controversy, the parties’ relative access to relevant information, the parties’ resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the …
Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca
Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca
Akron Law Faculty Publications
Authorship, and hence, initial ownership of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer owning the copyright. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, answered the question of how employees are distinguished from independent contractors by setting forth a list of factors courts should consider. Unfortunately, the Supreme Court did not give further guidance on …
The Supreme Court's New Approach To Personal Jurisdiction, Bernadette Bollas Genetin
The Supreme Court's New Approach To Personal Jurisdiction, Bernadette Bollas Genetin
Akron Law Faculty Publications
In the Supreme Court’s recent general jurisdiction cases, it narrowed general jurisdiction in accord with a “reasonableness” approach to jurisdiction that is consistent with International Shoe’s so-called “forward-looking” face. In the Court’s most recent specific jurisdiction case, Walden v. Fiore, the Court took steps toward assessing specific jurisdiction under a reasonableness analysis, but it ultimately reunited the antagonistic “reasonableness” and territorial power theories to impose artificial limits on specific jurisdiction. The newly narrowed general jurisdiction will not often be available as a “safety valve” to provide jurisdiction in some cases in which jurisdiction would be reasonable under the circumstances. This …
Every Day Counts: Proposals To Reform The Idea's Due Process Structure, Elizabeth Shaver
Every Day Counts: Proposals To Reform The Idea's Due Process Structure, Elizabeth Shaver
Akron Law Faculty Publications
It is a core principle of special education legislation that the parents of children with disabilities can challenge the child’s educational programming through an administrative due process hearing. Yet, for years the special education due process structure has been criticized as inefficient, anti-collaborative, and prohibitively expensive. Those criticisms have given rise to widely varying proposals to reform special education due process, proposals that range from adding certain alternative dispute resolution mechanisms to a wholesale replacement of the due process structure. This article provides a comprehensive analysis of special education dispute resolution. The article first examines the lively debate among scholars …
An Introduction To The Women In Law Symposium, Tracy Thomas
An Introduction To The Women In Law Symposium, Tracy Thomas
Con Law Center Articles and Publications
This collected symposium gives context and definition to these continuing problems of sex discrimination. The included articles pull back the curtain to provide examples of how and why sex discrimination still exists. The articles go deeper, fleshing out persistent notions of gender as subordinate, exploring the public perception of gender in appearance of femininity and masculinity. They illustrate the tangible legal results of these gendered notions to legal issues as varied as forced sterilization of the mentally disabled, equal employment, or the criminalization of prostitution.
Tradition, Policy And The Establishment Clause: Justice Kennedy's Opinion In Town Of Greece V. Galloway, Wilson Huhn
Tradition, Policy And The Establishment Clause: Justice Kennedy's Opinion In Town Of Greece V. Galloway, Wilson Huhn
Con Law Center Articles and Publications
The great jurisprudential battle that has raged in the Supreme Court for more than a century and the question that our society has struggled with since the advent of the Civil War is whether the Constitution is a command by our ancestors that we retain the same political structures, social hierarchies, and cultural traditions that they had, or whether it reflects ideals of liberty, equality, fairness, and tolerance that they aspired to and that they expected us to reach for. That struggle between rules and standards, doctrine and principles, conventionalism and consequentialism, tradition and policy in the interpretation of the …
Back To Class: Lessons From The Roberts Court Class Action Jurisprudence, Bernadette Bollas Genetin
Back To Class: Lessons From The Roberts Court Class Action Jurisprudence, Bernadette Bollas Genetin
Con Law Center Articles and Publications
This symposium issue on The Class Action After a Decade of Roberts Court Decisions provides perspectives on how the class action has fared under persistent Supreme Court scrutiny. Over the past ten years, the Roberts Court has repeatedly returned to questions concerning class action litigation...This ten-year retrospective on the Roberts Court’s class action decisions provides a timely opportunity to reflect on the Supreme Court’s institutional role in construing the Federal Rules and in creating class action policy through decisions construing Rule 23...The contributors to this symposium focus on the Roberts Court class action decisions as a whole; the Roberts Court’s …
Tying The Knot With A Surname? The Constitutionality Of Japan's Law Requiring A Same Marital Name, Koji Higashikawa
Tying The Knot With A Surname? The Constitutionality Of Japan's Law Requiring A Same Marital Name, Koji Higashikawa
Con Law Center Articles and Publications
The Japanese Supreme Court issued a decision denying married women the right to retain their separate maiden name legally after marriage. It upheld the constitutionality of an old law requiring both marital partners to adopt the same surname. This essay by a Japanese scholar provides insight and explanation into the Supreme Court’s decision.
The Supreme Court's New Approach To Personal Jurisdiction, Bernadette Bollas Genetin
The Supreme Court's New Approach To Personal Jurisdiction, Bernadette Bollas Genetin
Con Law Center Articles and Publications
The Supreme Court has returned to the issue of whether a “reasonableness” analysis or an “interstate federalism” focus underlies personal jurisdiction doctrine. It has, thus, renewed the debate regarding whether the so-called “forward-looking” or “backward-looking” face of International Shoe should control.
This Article explores two 2014 cases in which the Court took strides toward implementing a liberty interest, or reasonableness, view of personal jurisdiction. In the first case, Daimler AG v. Bauman, the Court introduced a new, narrower approach to general jurisdiction. Under Bauman’s more constrained analysis, general jurisdiction will be available primarily in an individual’s domicile and …