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Articles 1 - 14 of 14
Full-Text Articles in Law
Ohio Oil And Gas Litigation In The New Fracking Era, Blake A. Watson Prof.
Ohio Oil And Gas Litigation In The New Fracking Era, Blake A. Watson Prof.
Blake A Watson Prof.
Horizontal fracking has substantially changed oil and gas drilling in eastern Ohio. Part I of this article summarizes recent decisions concerning the state’s regulation of oil and gas drilling and production. Part II looks at prior and pending cases raising tort issues such as trespass, negligence, nuisance, and strict liability. Part III describes a variety of actions seeking to invalidate, terminate, interpret, and enforce leases.
Towards Zero Net Presence, Terence Lau
Towards Zero Net Presence, Terence Lau
Terence Lau
The rise of social networking has connected us in ways unthinkable a few years ago, but has also raised alarming questions regarding the right to be left alone. More and more, Americans are discovering that information traditionally considered private is moving into the public domain, sometimes with startling implications for their personal lives. Part I of this Article reviews the problem of Internet intrusion into personal privacy. The Internet is especially remarkable for its three central features: reach, speed and permanence. These features make the Internet unlike any other media in existence, and makes protecting privacy extremely difficult. Part II …
Civilians In Cyberwarfare: Casualties, Susan W. Brenner, Leo L. Clarke
Civilians In Cyberwarfare: Casualties, Susan W. Brenner, Leo L. Clarke
Susan Brenner
This article is a sequel to Civilians in Cyberwarfare: Conscripts, to be published by the Vanderbilt Journal of Transnational Law. Conscripts addresses the essential role of civilians as participants in cyberwarfare. Here, we explore the potential losses cyberwarfare might cause to civilian entities, including multi-national corporations, utilities, universities and local governments. We explain why cyberwarfare presents unique risks and requires unique executive responses. We also analyze how civilians should manage specific legal liability, political and reputational risks. Finally, we consider whether civilians can expect compensation if the federal government imposes new regulations, appropriates intellectual property, or even conscripts entire businesses …
Civilians In Cyberwarfare: Conscripts, Susan W. Brenner, Leo L. Clarke
Civilians In Cyberwarfare: Conscripts, Susan W. Brenner, Leo L. Clarke
Susan Brenner
Civilians will play an integral role in cyberwar because civilian-owned and –operated entities will be a primary target in cyberwarfare. An attacker’s goal in cyberwar is not to capture physical territory but to erode, even destroy, the target nation’s viability as an economy and, indeed, as a sovereign entity. To do that, a cyberattacker will target the companies that own and operate aspects of the victim nation’s critical infrastructure; those civilians will need to be incorporated into a defensive cyberwarfare response structure if such a response is to be effective. We explain why the use of civilians is essential and …
Fantasy Crime, Susan Brenner
Fantasy Crime, Susan Brenner
Susan Brenner
The article "Fantasy Crime" analyzes activity in virtual worlds that would constitute a crime if it were committed in the real world. The article reviews the evolution of virtual worlds like Second Life and notes research which indicates that more and more of our lives will move into this realm. It analyzes the criminalization of virtual conduct that inflicts "harm" in the real world and virtual conduct that only inflicts "harm" in the virtual world. It explains that the first category qualifies as cybercrime and can be prosecuted under existing law. It then analyzes the necessity and propriety of criminalizing …
Courting Success: The Supreme Court Fellows Program At 35, Terence Lau, Jon Gould, Lauren Bell, John Domurad
Courting Success: The Supreme Court Fellows Program At 35, Terence Lau, Jon Gould, Lauren Bell, John Domurad
Terence Lau
In 1979, PS published an article called "Inside the Courts: The Judicial Fellows Program." The article detailed the genesis and early history of the program, its initial funding, the selection process, the fellows' experiences, and their post-fellowship careers. At the time the article was published, the fellows program had existed for six years and counted 14 participants. Twenty-nine years later, the ranks of fellows has swelled to 104, an increase of 87%. Other than a name change in 2003 to the "Supreme Court Fellows Program," what has changed to the program in the three decades since that article was published? …
Built In Obsolescence: The Coming End To The Abortion Debate, Vernellia R. Randall, Tshaka C. Randall
Built In Obsolescence: The Coming End To The Abortion Debate, Vernellia R. Randall, Tshaka C. Randall
Vernellia R. Randall
The current legal and political dispute is grounded in the misconception that the decision to have an abortion is one decision, a decision to terminate a fetus. In fact, in choosing an abortion, a woman is actually making two distinct choices: first, she is choosing to terminate her pregnancy, that is, remove the fetus from her body; and, second, she is choosing to terminate the fetus. Currently, a woman’s decision to remove the fetus from her body (the “autonomy decision”) is necessarily a medical decision to terminate the fetus (the “reproductive decision”). The current argument in favor of legalized abortion …
Observations On The Folly Of Using Student Evaluations Of College Teaching For Faculty Evaluation, Pay, And Retention Decisions And Its Implications For Academic Freedom, Terence Lau, William Wines
Observations On The Folly Of Using Student Evaluations Of College Teaching For Faculty Evaluation, Pay, And Retention Decisions And Its Implications For Academic Freedom, Terence Lau, William Wines
Terence Lau
Research on student teaching evaluations is vast. An examination of this research demonstrates wide disagreements but also substantial consensus of authority for the proposition that student evaluations should be used only with extreme care, if at all, in making personnel decisions. A number of reasons cause administrators to use teaching evaluations for personnel decisions. The literature, however, is virtually unanimous in its condemnation of norming student evaluations in order to rank classroom performances. Current cases on academic freedom indicate some retrenchment by the Circuits from broader pronouncements in earlier Supreme Court cases. This paper concludes that the use of non-validated …
Distinguishing Fiction From Reality: The Asean Free Trade Area And Implications For The Global Auto Industry, Terence Lau
Distinguishing Fiction From Reality: The Asean Free Trade Area And Implications For The Global Auto Industry, Terence Lau
Terence Lau
This Article explores the ASEAN Free Trade Agreement ("AFTA") and its implications for the regional and global auto industry. Section I of this article provides a brief history of ASEAN and its attempts to integrate regionally. It outlines the reasons for regional economic integration, and traces the current literature in this area. Section II provides an overview of the current auto industry in each of the major auto-producing countries in ASEAN: Thailand, Philippines, Indonesia, Vietnam, and Malaysia. It will also explain Malaysia's protected auto industry and Malaysia's attempts to delay implementation of AFTA, and its neighboring countries' reactions. Section III …
John Marshall And Indian Land Rights: A Historical Rejoinder To The Claim Of "Universal Recognition" Of The Doctrine Of Discovery, Blake A. Watson
John Marshall And Indian Land Rights: A Historical Rejoinder To The Claim Of "Universal Recognition" Of The Doctrine Of Discovery, Blake A. Watson
Blake A Watson
Contrary to the statements of John Marshall in Johnson v. McIntosh, 21 U.S. (8 Wheat.) 543 (1823), the native inhabitants of America were considered by many as the absolute and "true" owners of the lands they occupied, and could retain or transfer title to their lands as they saw fit. The founder of Rhode Island, Roger Williams, argued that Europeans could justly occupy lands in America only through purchase from the Indians. Likewise, individuals in New Jersey who based their title on Indian deeds championed native land rights in the eighteenth century. It is evident that Marshall's statement that Indians …
Can You Hear Me Now? Corporate Censorship And Its Troubling Implications For The First Amendment, Terence Lau, William Wines
Can You Hear Me Now? Corporate Censorship And Its Troubling Implications For The First Amendment, Terence Lau, William Wines
Terence Lau
The day when standing on a soapbox in a public park was an effective way to voice one’s dissent has passed. In this paper we argue that enormous disparities in economic power allow powerful corporations to silence opinions that they consider unfit for public dissemination. In commercial speech, the U.S. Supreme Court has in the past two terms handed down decisions dealing with “coerced speech.” Another problem in commercial speech is “coerced silence” or “coerced ignorance.” The paper begins with the Supreme Court’s doctrine that the First Amendment protects both the speaker’s right to speak and the public’s right to …
Triggering Parent Company Liability Under United States Sanctions Regimes: The Troubling Implications Of Prohibiting Approval And Facilitation, Terence Lau
Terence Lau
This article examines three issues surrounding the liability of U.S.-based companies with foreign subsidiaries or affiliates incorporated in countries where trade with U.S.-sanctioned countries is permissible. First, the article examines the statutory bases for economic trade sanctions and the OFAC-issued implementing regulations, namely the Trading with the Enemy Act (TWEA) and the International Emergency Economic Powers ACT (IEEPA) and how these statutes grant extraterritorial authority to OFAC. Second, the article explores regulations promulgated by OFAC that prohibit parent company "approval" or "facilitation" of transactions by such affiliates or subsidiaries, and how such regulations indirectly extend the reach of U.S. sanctions …
A Preliminary Inquiry Into The Attitudes Toward Work That Should Be Fostered By Socially Responsible Employers, Terence Lau, William Wines
A Preliminary Inquiry Into The Attitudes Toward Work That Should Be Fostered By Socially Responsible Employers, Terence Lau, William Wines
Terence Lau
Part I of this paper traces the evolution of modern attitudes toward work. Part II traces the jurisprudence of attitudes towards work as reflected in the common and statutory law. Finally, Part III attempts to sketch the outlines of an attitude toward work that should be embraced beneficially by socially responsible employers.
Indian Gambling In Ohio: What Are The Odds?, Blake A. Watson
Indian Gambling In Ohio: What Are The Odds?, Blake A. Watson
Blake A Watson
This article explores the options available under the Indian Gaming Regulatory Act to Indian groups and tribes seeking to establish gambing establishments in Ohio. Although the focus is on Ohio, the analysis would apply to any effort to establish "off-resevation" gaming facilities under the IGRA.