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Articles 61 - 90 of 2014
Full-Text Articles in Law
Creating Space For Community Representation In Police Reform, Ayesha Bell Hardaway
Creating Space For Community Representation In Police Reform, Ayesha Bell Hardaway
Faculty Publications
Input from affected communities is an essential component of the reform process aimed at remedying unconstitutional police practices. Yet, no court in DOJ-initiated police reform consent decree cases has ever granted a community organization’s motion to intervene as a matter of right. Judicial opinions in those cases have largely truncated the Federal Civil Rule 24 analysis when evaluating the interests of impacted communities. Thus, the most success achieved by a small few has been permissive intervention or amici status. The models used by the Department of Justice to elicit the community perspective have largely been frustrating and have failed to …
Professional Speech At Scale, Cassandra Burke Robertson, Sharona Hoffman
Professional Speech At Scale, Cassandra Burke Robertson, Sharona Hoffman
Faculty Publications
Regulatory actions affecting professional speech are facing new challenges from all sides. On one side, the Supreme Court has grown increasingly protective of professionals’ free speech rights, and it has subjected regulations affecting that speech to heightened levels of scrutiny that call into question traditional regulatory practices in both law and medicine. On the other side, technological developments, including the growth of massive digital platforms and the introduction of artificial intelligence programs, have created brand new problems of regulatory scale. Professional speech is now able to reach a wide audience faster than ever before, creating risks that misinformation will cause …
Political Climate And Catastrophes: The Effects Of Notorious Events On Public Library Collections, Both Then And Now, Joseph A. Custer
Political Climate And Catastrophes: The Effects Of Notorious Events On Public Library Collections, Both Then And Now, Joseph A. Custer
Faculty Publications
This paper explores four different cases in the early 1950s of “Red Scare” tactics that influenced the freedoms that patrons using public libraries have enjoyed. The paper will also examine, at various points, the censorship parallels in the early 1950s to the contemporary political climate and the fallout of the Great Depression to the current catastrophe, COVID-19. The paper reviews the fallout from the Great Depression and how the world’s depression helped catapult Adolph Hitler of Germany to power. Hitler severely restricted or eliminated freedoms of expression, and the Trump administration’s actions reflect some of those same restrictions.
Free Speech & Abortion: The First Amendment Case Against Compelled Motherhood, Raymond Shih Ray Ku
Free Speech & Abortion: The First Amendment Case Against Compelled Motherhood, Raymond Shih Ray Ku
Faculty Publications
The most important lessons are taught by example. Children learn the fundamental values that guide them throughout their lives from the examples set by their parents, especially their mothers. Even before they understand a language, they learn by observing and imitating the actions of their parents. For almost fifty years Roe v Wade guaranteed pregnant women the freedom to determine whether to carry their pregnancy to term. The right to obtain a safe abortion prior to viability is the most significant and controversial aspect of this freedom. The Supreme Court is now poised to overturn what it previously described as …
The Legal And Administrative Risks Of Climate Regulation, Jonathan Adler
The Legal And Administrative Risks Of Climate Regulation, Jonathan Adler
Faculty Publications
Dramatic and rapid reductions in greenhouse gas emissions are necessary to stabilize atmospheric concentrations of greenhouse gases (GHGs) at acceptable levels. Prioritizing federal environmental regulation as the primary means of achieving these goals may be a strategic mistake. Regulatory mandates, particularly if based upon existing statutory authority, will be vulnerable to legal attack, obstruction, and delay. Climate legislation can reduce the legal risks and accelerate the rate of policy implementation, but only on the margin. Adopting regulatory controls, sector-by-sector, technology-by-technology will be immensely resource intensive for the EPA and other federal agencies. Even with authorizing legislation, federal regulatory strategies may …
A Paradigm Shift In Comparative Institutional Governance: The Role Of Contract In Business Relationships And Cost/Benefit Analysis, Juliet P. Kostritsky
A Paradigm Shift In Comparative Institutional Governance: The Role Of Contract In Business Relationships And Cost/Benefit Analysis, Juliet P. Kostritsky
Faculty Publications
Stewart Macaulay’s research on the ways that Wisconsin manufacturers transact debunked the centrality of contract law by revealing a disinclination to consult contract documents or invoke legal sanctions. This research revolutionized contracts scholarship, highlighting that a contract, instead of being viewed as an inevitable necessity of exchange, should be viewed as one of many institutions that might be available to parties as a solution to problems and a method for facilitating exchange. Macaulay’s research further revealed that the cost of legal sanctions, the importance of maintaining business relationships, and the desire for informal solutions actually push parties to conclude that …
Untangling Attorney Retainers From Creditor Claims, Cassandra Burke Robertson, Jesse Wynn
Untangling Attorney Retainers From Creditor Claims, Cassandra Burke Robertson, Jesse Wynn
Faculty Publications
Clients will often use a retainer to secure an attorney’s representation. But clients in economic distress may have creditors that are eager to access the client’s funds in the attorney’s hands. Attorneys, clients, courts, and regulators have struggled to understand who has the best claim to such retainer funds. In this Article, we attempt to untangle the most common areas of confusion. We conclude that Article 9 of the Uniform Commercial Code (UCC) offers strong protection for an attorney’s interest in client retainers through security interests, even though some courts have misapplied the UCC in this context. Further, we recommend …
Domestic Violence By Proxy: A Framework For Considering A Child’S Return Under The 1980 Hague Convention On The Civil Aspects Of International Child Abduction’S Article 13(B) Grave Risk Of Harm Cases Post Monasky, Andrew Zashin
Faculty Publications
This article offers a new approach for analyzing the 13(b) grave risk of harm defense, specifically as it relates to victims of domestic violence and their children, that is both practical and clear, and rooted in principles that are grounded in American jurisprudence that will result in more consistent rulings. Part I of this article provides background to the text of the Hague Convention, including the purposes of the text, the systematic return of a child to his or her habitual residence, the Article 13(b) grave risk of harm exception, and the role of undertakings. In Part II, the facts …
Appeal No. 0989: Concerned Ohio River Residents V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0989: Concerned Ohio River Residents V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Issuance of Permits; Salt-1 Well, Salt-2 Well, Salt-3 Well (Powhatan Salt Company, LLC)
Appeal No. 0967: Florence C. Garver Living Trust V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0967: Florence C. Garver Living Trust V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2018-303
Appeal No. 0978: Robert W. Fulton & Valorie S. Fulton V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0978: Robert W. Fulton & Valorie S. Fulton V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2019-115 (EAP Ohio, LLC; K Wallace West Unit)
Appeal No. 0975: Robert W. Fulton & Valorie S. Fulton V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0975: Robert W. Fulton & Valorie S. Fulton V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2019-81 (ESP Ohio, LLC; Barrett Unit)
Appeal No. 0987: Rosalie Christman V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0987: Rosalie Christman V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2020-11
Appeal No. 0977: Robert W. Fulton & Valorie S. Fulton V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0977: Robert W. Fulton & Valorie S. Fulton V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2019-114 (EAP Ohio, LLC; K Wallace East Unit)
Appeal No. 0983: Golden Eagle Resources Ii, Llc & Siltstone Resources, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0983: Golden Eagle Resources Ii, Llc & Siltstone Resources, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2020-87 (Gulfport Appalachia, LLCC; MEC Northwest Unit)
Appeal No. 0976: Energy Exploration & Development, Inc. V. Division Of Oil & Gas Management, Ohio Oil & Gas Commission
Appeal No. 0976: Energy Exploration & Development, Inc. V. Division Of Oil & Gas Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2019-104
Appeal No. 0979: John F. Williams Oil Field Services, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0979: John F. Williams Oil Field Services, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2019-247
Appeal No. 0960: Faith Ranch & Farms Fund, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0960: Faith Ranch & Farms Fund, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Orders 2018-101 & 2018-108 (McBride East & Central Units; EAP Phioo. LLC)
Appeal No. 0980: C. David Snyder V. Divison Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0980: C. David Snyder V. Divison Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2019-343
Appeal No. 0982: Wheeling & Lake Eries Railway Company V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0982: Wheeling & Lake Eries Railway Company V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2020-01 (Gulfport Appalliachia, LLC; Angelo Unit)
Appeal No. 0961: Faith Ranch & Farms Fund, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0961: Faith Ranch & Farms Fund, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Orders 2018-101 & 2018-108 (McBride East & Central Units; EAP Phioo. LLC)
Appeal No. 0951: Jeffrey Paczewski V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0951: Jeffrey Paczewski V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2017-452 (Peters Unit; Antero Resources Corporation)
A New State Registration Act: Legislating A Longer Arm For Personal Jurisdiction, Charles W. (Rocky) Rhodes, Cassandra Burke Robertson
A New State Registration Act: Legislating A Longer Arm For Personal Jurisdiction, Charles W. (Rocky) Rhodes, Cassandra Burke Robertson
Faculty Publications
In a sextet of recent decisions, the Roberts Court upended the longstanding framework for general and specific contacts-based personal jurisdiction. The Court's new approach has engendered uncertainty and erected insurmountable obstacles for some plaintiffs in locating an effective forum to vindicate their rights. We propose a novel solution to the injustices and unpredictability unleashed by these decisions: a new model corporate registration act that would require, as a condition of doing business in a state, the corporation's consent to personal jurisdiction in defined circumstances that implicate state sovereign regulatory, protective, and prescriptive interests.
Registration-based consent to jurisdiction has a long …
Bargaining Inequality: Employee Golden Handcuffs And Asymmetric Information, Anat Alon-Beck
Bargaining Inequality: Employee Golden Handcuffs And Asymmetric Information, Anat Alon-Beck
Faculty Publications
Inaccurate unicorn firm valuation is a well-documented problem in the finance literature. Employees of these large, privately held companies do not have access to fair market valuation or financial statements and, in many cases, are denied access to such reports, even when requested. Unicorn employees are granted equity as a substantial part of their compensation, however due to the inferior position of employees in comparison to the start-up founders and other investors, information shedding light on the value of their equity grants has been withheld, as apparent in recent practices.
Start-up founders, investors, and their lawyers have systematically abused equity …
Investment Bankers As Underwriters: Barbarians Or Gatekeepers? A Response To Brent Horton On Direct Listings, Anat Alon-Beck, Robert N. Rapp, John Livingstone
Investment Bankers As Underwriters: Barbarians Or Gatekeepers? A Response To Brent Horton On Direct Listings, Anat Alon-Beck, Robert N. Rapp, John Livingstone
Faculty Publications
Direct listing clearly has the potential to meaningfully disrupt the IPO process. Changes to permit primary offerings via direct listing will help private companies to overcome some of the obstacles imposed by our securities laws and listing rules. Primary offerings by direct listing would allow for a dramatic increase in efficiency in public offerings, providing further incentive for private companies to finally provide liquidity to their shareholders while saving on the tremendous cost associated with a more traditional IPO by eliminating the need for underwriters.
Despite the positive impacts that direct listings will have on the IPO process, in their …
Why Choose Ltas? An Empirical Study Of Ohio Manufacturer’S Contractual Choices Through A Bargaining Lens, Juliet P. Kostritsky, Jessica Ice
Why Choose Ltas? An Empirical Study Of Ohio Manufacturer’S Contractual Choices Through A Bargaining Lens, Juliet P. Kostritsky, Jessica Ice
Faculty Publications
This paper contributes to recent scholarship regarding Long Term Agreements (LTAs) by providing empirical evidence that suppliers are more likely to undertake the costs of an LTA if the transaction requires significant capital expenditures or the potential for large sunk costs. Through a survey of a random group of 63 Ohio supplier/manufacturers, the paper explores why supplier/manufacturers with a full range of contractual and non-contractual solutions might choose one set of arrangements over others. It then seeks to link its findings to a broader theory of how parties bargain to solve durable problems under conditions of uncertainty, sunk costs and …
Uncooperative Environmental Federalism 2.0, Jonathan H. Adler
Uncooperative Environmental Federalism 2.0, Jonathan H. Adler
Faculty Publications
Has the Trump Administration made good on its pledges to reinvigorate cooperative federalism and constrain environmental regulatory overreach by the federal government? Perhaps less than one would think. This paper, prepared for the Hastings Law Journal symposium, “Revolution of Evolution? Administrative Law in the Age of Trump,” provides a critical assessment of the Trump Administration’s approach to environmental federalism. Despite the Administration’s embrace of “cooperative federalism” rhetoric, environmental policy reforms have not consistently embodied a principled approach to environmental federalism in which the state and federal governments are each encouraged to focus resources on areas of comparative advantage.
Abandoning Copyright, Dave Fagundes, Aaron K. Perzanowski
Abandoning Copyright, Dave Fagundes, Aaron K. Perzanowski
Faculty Publications
For nearly two hundred years, U.S. copyright law has assumed that owners may voluntarily abandon their rights in a work. But scholars have largely ignored copyright abandonment, and the case law is fragmented and inconsistent. As a result, abandonment remains poorly theorized, owners can avail themselves of no reliable mechanism to abandon their works, and the practice remains rare. This Article seeks to bring copyright abandonment out of the shadows, showing that it is a doctrine rich in conceptual, normative, and practical significance. Unlike abandonment of real and chattel property, which imposes significant public costs in exchange for discrete private …
Essentially Elective: The Law And Ideology Of Restricting Abortion During The Covid-19 Pandemic, B. Jessie Hill
Essentially Elective: The Law And Ideology Of Restricting Abortion During The Covid-19 Pandemic, B. Jessie Hill
Faculty Publications
During the COVID-19 pandemic, several states adopted orders temporarily suspending elective surgeries and procedures. A subset of those states moved to limit abortions under those orders, provoking emergency litigation to keep abortion clinics open and functioning. No similar lawsuits have been necessary to protect access to other time-sensitive medical procedures. So why was abortion singled out for disparate treatment?
This Essay provides an overview of the litigation that ensued in the wake of some states’ attempts to limit abortion access under the authority of executive orders banning non-essential or elective procedures. It argues that abortion was singled out in two …
Reconsidering Hostile Takeover Of Religious Organizations, B. Jessie Hill
Reconsidering Hostile Takeover Of Religious Organizations, B. Jessie Hill
Faculty Publications
Beginning in 2016, the headlines of major publications began announcing that Donald Trump had successfully completed a “hostile takeover” of the Republican Party. Whether this appraisal is accurate or not, it reflects concern about the associational integrity of a voluntary private organization—the Republican Party—and it suggests that some forms of organizational transformation are problematic. Moreover, the same concern might arise regarding other private associations, including religious associations. Yet, given that some transformation is inevitable and universal within religious and other voluntary organizations, it would be unwarranted to assume that all change within a religious organization is necessarily problematic.
This Article …