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Articles 31 - 60 of 1553
Full-Text Articles in Law
The Global Benefits Of The Law & Economics Framework In Legal Education: Overview (Part 1), Patrick H. Gaughan
The Global Benefits Of The Law & Economics Framework In Legal Education: Overview (Part 1), Patrick H. Gaughan
Akron Law Review
This is the first in a series of articles that overarchingly proposes that the globalization of markets necessitates the integration of the Law & Economics Framework into legal education across all legal systems. The goal of this article is to introduce readers to the Law & Economics Framework by providing an overview of relevant terms, concepts, and historical background. This article discusses the interplay of lawyers and globalization; defines the Law & Economic Framework and its origins; details relevant principles of economics; and delves into some criticisms of the Framework. The remainder of the series will be devoted to demonstrating …
The Digital Transformation Of Law: Are We Prepared For Artificially Intelligent Legal Practice?, Larry Bridgesmith, Dr. Adel Elmessiry
The Digital Transformation Of Law: Are We Prepared For Artificially Intelligent Legal Practice?, Larry Bridgesmith, Dr. Adel Elmessiry
Akron Law Review
We live in an instant access and on-demand world of information sharing. The global COVID-19 pandemic has accelerated the necessity of remote working and team collaboration. Work teams are exploring and utilizing the remote work platforms required to serve in place of stand-ups common in the agile workplace. Online tools are needed to provide visibility to the status of projects and the accountability necessary to ensure that tasks are completed on time and on budget. Digital transformation of organizational data is now the target of AI projects to provide enterprise transparency and predictive insights into the process of work. In …
Digital Curb Cuts: Towards An Inclusive Open Forms Ecosystem, Quinten Steenhuis, David Colarusso
Digital Curb Cuts: Towards An Inclusive Open Forms Ecosystem, Quinten Steenhuis, David Colarusso
Akron Law Review
In this paper, we focus on digital curb cuts created during the pandemic: improvements designed to increase accessibility that benefit people beyond the population that they are intended to help. As much as 86% of civil legal needs are unmet, according to a 2017 study by the Legal Services Corporation. Courts and third parties designed many innovations to meet the emergency needs of the pandemic: we argue that these innovations should be extended and enhanced to address this ongoing access to justice crisis. Specifically, we use the Suffolk University Law School's Document Assembly Line as a case study. The Document …
Tele-Lawyering And The Virtual Learning Experience: Finding The Silver Lining For Remote Hybrid Externships & Law Clinics After The Pandemic, Lucy Johnston-Walsh, Alison Lintal
Tele-Lawyering And The Virtual Learning Experience: Finding The Silver Lining For Remote Hybrid Externships & Law Clinics After The Pandemic, Lucy Johnston-Walsh, Alison Lintal
Akron Law Review
The COVID-19 pandemic has rocked the world in innumerable ways. This article argues that the COVID-19 pandemic has a silver lining for law students in experiential learning programs. The pandemic has forced law schools across the country to fully utilize remote learning technology. The pandemic similarly forced courts to accept virtual tools in an environment that had previously relied primarily on in-person appearances. The lessons that law faculty and judges have learned from the pandemic will be permanent and may change the methods of operation going forward. Law schools that embrace the lessons they learned can help their law students …
Treating Diagnostics: Protecting In Vitro Diagnostic Testing In An Uncertain § 101 Landscape, Emily Iroz Rich
Treating Diagnostics: Protecting In Vitro Diagnostic Testing In An Uncertain § 101 Landscape, Emily Iroz Rich
Akron Law Review
Beyond question, medical diagnostic tests, they save lives. The diagnostic tests also contribute to the overall health of the U.S. economy. However, the current state of subject-matter eligibility for patent protection does not incentivize the research and development of these life-saving tools. Previous legislative and judicial efforts to fix subject-matter eligibility have failed. This article proposes a diagnostic patent act to allow the protection of in vitro diagnostic tests. The proposed diagnostic patent act would include safeguards to allow adequate access to fundamental research while incentivizing the return of investment to the patent holder. Safeguards would include exceptions to patent …
A Typology Of Disclosure, Sharon K. Sandeen
A Typology Of Disclosure, Sharon K. Sandeen
Akron Law Review
Information and data have always been valuable to businesses, but in the Information Age, as businesses have figured out more ways to commoditize the information and data they possess, there has been a corresponding increase in expressed concerns about the unauthorized “disclosure” of information. Often, these concerns are expressed in absolute terms, as if any unauthorized disclosure of information constitutes an act of unfair competition or theft. The problem is that the common understanding of disclosure, particularly among information owners that seek to restrict access to the information they possess, belies the legal meaning of the term as used in …
Striking The Right Balance: Following The Doj's Lead For Innovation In Standardized Technology, Kristen Osenga
Striking The Right Balance: Following The Doj's Lead For Innovation In Standardized Technology, Kristen Osenga
Akron Law Review
Today’s technology standards are the result of an extraordinary amount of innovation, collaboration and competition. These concepts are interrelated, and each is enhanced or enabled by intellectual property. Where these three concepts come together in standards development, it is unsurprising that antitrust concerns are also present. Specifically, the interests of contributors, participants, and implementers must be fairly balanced to ensure that the appropriate types and levels of innovation, collaboration, and competition can occur—and that the public will benefit. It is important that antitrust enforcement involving standards development organizations and owners of standards essential patents recognize the careful balance of these …
After The Trolls: Patent Litigation As Ex Post Market-Making, Robert Merges
After The Trolls: Patent Litigation As Ex Post Market-Making, Robert Merges
Akron Law Review
Patent policy has been dominated lately by efforts to reduce rent-seeking patent troll litigation. As recent reforms begin to take effect, it is timely to consider the more constructive aspects of patent litigation. This Article contends that the lag between product development and patent litigation, which pushes the problem of patent valuation into the ex post (after product development) period, serves just such a positive function. Re-search, development, and product roll-out can all take place first. Then, at a later stage, patent litigation sorts out the relative merits and contributions of the various inventors and competitors who contributed to the …
Emotions And Intellectual Property Law, Margaret Chon
Emotions And Intellectual Property Law, Margaret Chon
Akron Law Review
Emotions constitute an integral part of the diverse approaches that we bring to bear upon our most pressing law and policy issues. This article explores the role of emotions in intellectual property, information, and technology law (IP). Like other areas of law, IP commits to, prioritizes, and even honors, reason, logic, and facts—which can result in the sidelining of the affective components of law. Yet our affective responses to legal and other phenomena influence both cognition and reason. Part I of the article provides a general overview of the field of law and emotions, pointing out how this approach to …
Trademarks And The Covid-19 Pandemic: An Empirical Analysis Of Trademark Applications Including The Terms "Covid," "Coronavirus," "Quarantine," "Social Distancing," "Six Feet Apart," And "Shelter In Place", Irene Calboli
Akron Law Review
True to its nature as a (hopefully) once in a lifetime event, the COVID-19 pandemic has led to a tsunami of trademark applications. These include the terms “COVID,” “Coronavirus,” and other medical and pandemic-management related terms. This unprecedented number of applications has been highlighted by several commentators in general terms in the past months. This Article examines these applications in detail. Notably, the Article presents the first and most complete survey of the applications filed between the onset of the pandemic and the end of 2020, which include the following terms: “COVID,” “Coronavirus,” “Quarantine,” “Social Distancing,” “Six Feet Apart,” and …
Protecting Patent Owners From Infringement By The States: Will The Intellectual Property Rights Restoration Act Of 1999 Finally Satisfy The Court?, Brandon White
Akron Law Review
The Intellectual Property Rights Restoration Act of 1999 (IPRRA), a Senate Bill currently making its way through Congress, seeks to provide a remedy for patent infringement by the states that Supreme Court will find constitutional. In this Comment, Part II will explore the history of state sovereign immunity under both the Eleventh Amendment and the common law. Part III examines Senate Bill 1835, also known as the Intellectual Property Rights Restoration Act of 1999. Part III looks at not only the substantive provisions of the IPRRA, but also at the legal arguments and policy concerns that support the Act. Part …
Is The Fda's Nose Growing? The Fda Does Not "Exaggerate Its Overall Place In The Universe" When Regulating Speech Incident To "Off-Label" Prescription Drug Labeling And Advertising, Nicole Endejann
Akron Law Review
In essence, Washington Legal Foundation v. Friedman and Pearson v. Shalala may have actually undermined a large portion of the FDA regulatory power over prescription drugs. Although manufacturers are still required to receive pre-market approval of a new drug, once approved the manufacturer could promote, label, and advertise the drug for other indications. This provides manufacturers with a prime opportunity to get approval for a "cheap, narrow indication and the next day begin selling the drug for multiple broad, and profitable other indications." As the use of a prescription drug changes, the safety and efficacy changes as well. By allowing …
Overcoming Text In An Age Of Textualism: A Practitioner's Guide To Arguing Cases Of Statutory Interpretation, Robert J. Gregory
Overcoming Text In An Age Of Textualism: A Practitioner's Guide To Arguing Cases Of Statutory Interpretation, Robert J. Gregory
Akron Law Review
How do I construct an argument, consistent with textual primacy, that achieves my desired result?" This Article attempts to provide the practitioner with an answer to this question. First, the Article describes the historic movement from purpose to text in the interpretation of statutes. In doing so, the Article notes a critical feature of textualism as currently configured - that it permits some flexibility (more than many people realize) in the interpretation of statutes. The Article next discusses the impact of the textual movement on the process of arguing cases of statutory interpretation. In particular, the Article sets forth three …
Aals Constitutional Law Panel On Brown, Another Council Of Nicaea?, Kelly A. Macgrady, John W. Van Doren
Aals Constitutional Law Panel On Brown, Another Council Of Nicaea?, Kelly A. Macgrady, John W. Van Doren
Akron Law Review
When considering the product of the AALS Constitutional Law Panel, entitled "What Brown Should Have Said," held in January 2000, in Washington, D.C., we have experienced considerable disorientation. We therefore ask the question asked by Lucretia in Machievelli's play, The Mandragola, "Do you mean it or are you laughing at me?" We fear that the Panelists may be laughing at us. Because, in short, their writings criticize the formalism that they use in the panel court opinions. In this article, we pick four of the Panelists, more or less at random, and confront the question of whether their writings before …
Legal Fictions And Moral Reasoning: Capital Punishment And The Mentally Retarded Defendant After Penry V. Johnson, Timothy S. Hall
Legal Fictions And Moral Reasoning: Capital Punishment And The Mentally Retarded Defendant After Penry V. Johnson, Timothy S. Hall
Akron Law Review
The relationship between mental health law and criminal law is disturbing in both its substance and its scope. If it is true that the task of lawyering is that of enabling the client to have his story told, it is certainly true that nowhere are clients' stories more complex than in the intersection between criminal law and mental health law. This Article involves one such intersection: the relationship between mental retardation and capital punishment. Johnny Paul Penry is a convicted rapist and murderer on death row in Texas. He is a survivor of long-term child abuse and organic brain damage …
Biology Is Important, But Does Not Necessarily Always Constitute A "Family": A Brief Survey Of The Uniform Adoption Act, Carrie L. Wambaugh
Biology Is Important, But Does Not Necessarily Always Constitute A "Family": A Brief Survey Of The Uniform Adoption Act, Carrie L. Wambaugh
Akron Law Review
The Uniform Adoption Act [hereinafter "UAA"] recognizes that adoptive families are the "legal equivalent" to biological families. While recognizing biology is very important, the UAA contends that this biological fact alone will not be enough to trump the rights of adoptive parents and the child by ensuring stability and finality in adoptions. The child is the one with the most at stake and deserves protection from "transfer trauma" in contested adoptions. This Comment addresses the problems that adoptive families have confronted and explores certain provisions of the Uniform Adoption Act.
Perpetual Dynasty Trusts: One Of The Most Powerful Tools In The Estate Planner's Arsenal, Brian Layman
Perpetual Dynasty Trusts: One Of The Most Powerful Tools In The Estate Planner's Arsenal, Brian Layman
Akron Law Review
One of the most effective tools to accomplish the goal of preserving family wealth is a perpetual dynasty trust. Such a trust permits discretionary distributions of income and principal for as many generations (in terms of years) as the state's law allows. Alaska, Arizona, Delaware, Idaho, Illinois, Maryland, Ohio, South Dakota and Wisconsin have abolished, or provided trust settlors with the ability to opt out of their respective Rules Against Perpetuities. This means that a trust established in one of these jurisdictions could last forever. The essence of such a trust is that, if properly drafted and funded, to be …
Krischer V. Mciver: Avoiding The Dangers Of Assisted Suicide, Eryn R. Ace
Krischer V. Mciver: Avoiding The Dangers Of Assisted Suicide, Eryn R. Ace
Akron Law Review
In Krischer v. McIver, the Florida Supreme Court upheld the constitutionality of Florida's statute prohibiting assisted suicide under both the Florida privacy amendment and the U.S. Constitution. After Krischer Florida residents cannot rely on their privacy rights to protect from prosecution a person who assists them in committing suicide. While this decision promotes the policy arguments against assisted suicide, it also limits the previously broad construction of Florida's right of privacy. However, while denying constitutional protection, the court stated that the legislature could enact laws allowing assisted suicide. With this, the court effectively and purposefully left this question open …
Tort Immunity For Volunteers In Ohio: Zivich V. Mentor Soccer Club, Inc., Melinda Smith
Tort Immunity For Volunteers In Ohio: Zivich V. Mentor Soccer Club, Inc., Melinda Smith
Akron Law Review
Commentators have dubbed volunteers the "third sector" of the American economy, which is otherwise composed of business and government. Various services such as libraries, school boards, scout troops and little league teams depend upon volunteers. However, a series of highly publicized tort actions against volunteers in the 1980's combined with a cycle of increasing insurance premiums and decreasing coverage for volunteers and nonprofit organizations, raised concern within the volunteer community. Over the past several years some jurisdictions afraid of losing volunteer services have made public policy decisions shielding volunteers from liability for their own negligence. This note explores the debate …
Democracy At Work: The Sixth Circuit Upholds The Right Of The People Of Cincinnati To Choose Their Own Morality In Equality Foundation Of Greater Cincinnati, Inc. V. City Of Cincinnati, 128 F.3d 289 (6th Cir. 1997), Robert F. Bodi
Akron Law Review
The gay-rights movement, which has grown in power and influence over the last few decades, can no longer proclaim political powerlessness. The great proliferation of gay-rights groups and anti-discrimination laws and policies demonstrate this. Gay-rights organizations have had much success in promoting an agenda of tolerance and non-discrimination across America. The gay-rights movement, however, has since changed its goals from societal tolerance of homosexuals to outright acceptance even to the extent of legalizing same-sex marriage. Supporters of traditional mores, however, have begun to fight back. The public is responding to what it sees as an elitist court system that imposes …
Identical Constitutional Language: What Is A State Court To Do? The Ohio Case Of State V. Robinette, Marianna Brown Bettman
Identical Constitutional Language: What Is A State Court To Do? The Ohio Case Of State V. Robinette, Marianna Brown Bettman
Akron Law Review
We are in the era of rediscovery of state constitutional law. In Ohio, there has been an official announcement of this in the syllabus of a highly significant case, Arnold v. City of Cleveland. In Ohio, the syllabus is the law of the case. The syllabus of Arnold begins with the simple but dramatic statement, "The Ohio Constitution is a document of independent force." It goes on to state, in the remainder of the paragraph, the basic guidepost of federal/state relations in the area of individual rights: In the areas of individual rights and civil liberties, the United States Constitution, …
Should The Dead Bind The Living? Perhaps Ask The People: An Examination Of The Debates Over Constitutional Convention Referendums In State Constitutional Conventions, John J. Liolos
Akron Law Review
Should the United States of America have a constitutional convention? Thomas Jefferson would maintain that one is long overdue; James Madison would argue the contrary. These two luminaries of American constitutional thought took sides in a stirring debate on a fundamental question in constitutionalism: should the dead bind the living? Jefferson advocated for recurrent recourse to the people by holding constitutional conventions in each generation. James Madison disagreed, arguing that stability and constitutional veneration, among other factors, were paramount. Most recall Madison as having won the debate. But at least 18 states throughout American history have adopted a Jeffersonian model …
Life After Sentence Of Death: What Becomes Of Individuals Under Sentence Of Death After Capital Punishment Legislation Is Repealed Or Invalidated, James R. Acker, Brian W. Stull
Life After Sentence Of Death: What Becomes Of Individuals Under Sentence Of Death After Capital Punishment Legislation Is Repealed Or Invalidated, James R. Acker, Brian W. Stull
Akron Law Review
More than 2500 individuals are now under sentence of death in the United States. At the same time, multiple indicators—public opinion polls, legislative repeal and judicial invalidation of deathpenalty laws, the reduction in new death sentences, and infrequency of executions—suggest that support for capital punishment has significantly eroded. As jurisdictions abandon or consider eliminating the death-penalty, the fate of prisoners on death row—whether their death sentences, valid when imposed, should be carried out or whether these individuals should instead be spared execution—looms as contentious political and legal issues, fraught with complex philosophical, penological, and constitutional questions. This article presents a …
The Continuing And Unlawful Exclusion Of Qualified Ex-Offenders From Jury Service In Ohio, Jordan Berman
The Continuing And Unlawful Exclusion Of Qualified Ex-Offenders From Jury Service In Ohio, Jordan Berman
Akron Law Review
Whether an Ohioan with a felony conviction can be considered for jury service may well depend on where he or she lives in the state or the judge presiding at trial, rather than the dictates of Ohio law. By statute, Ohio permits those with felony convictions to serve on juries upon the completion of any parole or community control sanctions that may have been imposed. This article is not concerned with this settled law but rather the dramatic unevenness of its implementation, as Ohio courts of common pleas, and even individual judges, vary widely in whether they abide by or …
Sentencing By Ambush: An Insider's Perspective On Plea Bargaining Reform, Justice Michael P. Donnelly
Sentencing By Ambush: An Insider's Perspective On Plea Bargaining Reform, Justice Michael P. Donnelly
Akron Law Review
The vast majority of cases in our state criminal justice system are resolved not by proceeding to trial but through negotiated plea agreements. These are contracts between the government and the accused in which both sides are negotiating for some form of benefit in the ultimate resolution. In this article, Justice Donnelly exposes what he sees as a flaw in the system in the manner in which trial court judges oversee this process of negotiation. In a significant number of cases, the state induces defendants to enter into a guilty plea with no certain sentence, amounting to an illusory agreement …
The Myth Of Mental Disorder: Transsubstantive Behavior And Taxometric Psychiatry, Steven K. Erickson
The Myth Of Mental Disorder: Transsubstantive Behavior And Taxometric Psychiatry, Steven K. Erickson
Akron Law Review
This article argues that three factors are primarily responsible for this current state of affairs: (1) the proliferation of mental disorders in the nosology of psychiatry; (2) the departure from traditional notions of illness in psychiatry towards a vague definition of "mental disorders"; (3) the inclusion of "personality disorders" and other phenomenon as diagnosable mental disorders that, at first blush, appear arbitrarily construed and sit in place of what is (or once was) considered poor moral character. When psychiatry turned away from the term "mental illness" to the expansive "mental disorder," it opened a Pandora's Box whereby almost any behavior …
Changes In Governance: A Cross-Disciplinary Review Of Current Scholarship, Scott Burris, Michael Kempa, Clifford Shearing
Changes In Governance: A Cross-Disciplinary Review Of Current Scholarship, Scott Burris, Michael Kempa, Clifford Shearing
Akron Law Review
The aim of this paper is to explore for a broader legal audience what researchers and theorists in a wide range of fields have made of the ferment in governance, and to identify important lessons for people interested in how to improve it locally, nationally, and internationally. We seek to link what lawyers are writing to a rich literature on governance theory and practice in other fields. Specifically, we address two main problems. The Description Problem poses the question of what is the most accurate, as opposed to the formal, description of where governance is located and how it is …
A Chance To Save Lives: A Guide For How And Why The Us Should Mandate Vaccines For Children And Limit State Exemption Laws, Lauren Zidones
A Chance To Save Lives: A Guide For How And Why The Us Should Mandate Vaccines For Children And Limit State Exemption Laws, Lauren Zidones
Akron Law Review
Vaccines have helped increase the life expectancy for humans in the 20th century and have reduced the number of deaths associated with infectious diseases. Despite efforts by the CDC, state and local governments, and other public health agencies, infectious diseases are still a major cause of illness, disability, and death. Steps must be taken to address the continued rise of vaccine-preventable diseases in America. Eliminating or limiting state exemptions for mandatory vaccinations for school-aged children is the simplest way to address this growing issue. However, a population of parents argue for absolute parental rights and stand against any vaccine exemption …
The Cobra Effect: Kisor, Roberts, And The Law Of Unintended Consequences, Patrick Warczak Jr.
The Cobra Effect: Kisor, Roberts, And The Law Of Unintended Consequences, Patrick Warczak Jr.
Akron Law Review
With its decision in Kisor v. Wilkie, the U.S. Supreme Court was expected to overturn Auer v. Robbins, under which courts are to defer to agencies’ interpretations of their own regulations. This was an expected precursor to the Court eventually overturning Chevron, U.S.A., Inc. v. Nat. Res. Def. Council, Inc., which prescribes judicial deference to agency interpretations of statutes the agency administers. The Court instead chose to limit but not overturn Auer and leave Chevron untouched. This leaves lower courts with the challenge of determining when and how to properly apply Auer deference. But the Court’s decision …
School Board Prayer: Reconciling The Legislative Prayer Exception And School Prayer Jurisprudence, Evan Lee
School Board Prayer: Reconciling The Legislative Prayer Exception And School Prayer Jurisprudence, Evan Lee
Akron Law Review
The Supreme Court has carved a legislative prayer exception out of the First Amendment’s Establishment Clause to allow clergy to deliver opening prayers at legislative sessions and meetings of local public deliberative bodies, such as town boards. Meanwhile, for decades, the Supreme Court has struck drown prayers in the public school context, including prayers in the classroom, at graduation ceremonies, and at high school varsity football games. However, the Supreme Court has not addressed whether prayers at public school board meetings should be barred as prayers in the public school context or permitted under the legislative prayer exception. A circuit …