Law Commons^™

The Decline Of Free Speech On The Postmodern Campus: The Troubling Evolution Of The Heckler's Veto, Kenneth Lasson

All Faculty Scholarship

The Twenty-First Century has presented new challenges to the traditional ways that free speech in America has been encouraged and protected. While the right to express one’s opinions has become increasingly problematic in society at large, it is particularly imperiled in the very places that pride themselves as being open marketplaces of ideas – on college and university campuses.
Today we’re faced with numerous campus speech codes that substantially limit First-Amendment rights. They are ubiquitous and often cavalierly invoked. For civil libertarians the good news is that not one of the few such codes that have been tested in court …

The Perpetual “Invasion”: Past As Prologue In Constitutional Immigration Law, Matthew Lindsay

All Faculty Scholarship

Donald Trump ascended to the presidency largely on the promise to protect the American people—their physical and financial security, their culture and language, even the integrity of their electoral system—against an invading foreign menace. Only extraordinary defensive measures, including “extreme vetting” of would-be immigrants, a ban on Muslims entering the United States, and a 2,000-mile-long wall along the nation’s southern border could repel the encroaching hordes. If candidate Trump’s scapegoating of unauthorized migrants and refugees was disarmingly effective, it was also eerily familiar to those of us who study the history of immigration law and policy. Indeed, the trope of …

Feminist Judgments & #Metoo, Margaret E. Johnson

All Faculty Scholarship

The Feminist Judgments book series and the #MeToo movement share the feminist method of narrative. Feminist Judgments is a scholarly project of rewriting judicial opinions using feminist legal theory. #MeToo is a narrative movement by people, primarily women, telling their stories of sexual harassment or assault. Both Feminist Judgments and #MeToo bring to the surface stories that have been silenced, untold, or overlooked. These narrative collections can and do effectuate genderjustice change by empowering people, changing perspectives, opening up new learning, and affecting future legal and nonlegal outcomes.

A Twenty-First-Century Olympic And Amateur Sports Act, Dionne L. Koller

All Faculty Scholarship

Recent scandals involving national governing bodies for sport and allegations of athlete abuse have captured media attention. The most recent, focusing on the actions of USA Gymnastics, prompted Congress to propose legislation to require better protections for Olympic Movement athletes. Signed into law on February 14, 2018, the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017 designates the United States Center for SafeSport (SafeSport) as the independent organization charged with exercising jurisdiction over the United States Olympic Committee (USOC) and sport national governing bodies to safeguard amateur athletes against all forms of abuse. Congress’s instincts …

Commodified Promises And Contract Theory, Brian H. Bix

Vanderbilt Law Review En Banc

No abstract provided.

Delaware Supreme Court Refuses To Establish A Presumption Favoring Deal Price In Statutory Appraisal Proceedings, Robert S. Reder, Blake C. Woodward

Vanderbilt Law Review En Banc

No abstract provided.

Access To Consumer Bankruptcy, Pamela Foohey

Scholarly Works

This essay examines the state of access to justice in the context of consumer bankruptcy from two vantage points: (1) how people decide that their money problems are legal problems addressable by filing bankruptcy; and (2) the barriers people face in using the consumer bankruptcy system. To shed new light on how people decide to use bankruptcy to address their financial troubles, I analyze a sample of narratives accompanying consumers' complaints about financial products and services submitted to the Consumer Financial Protection Bureau. I also chronicle the evolution of research regarding consumer bankruptcy’s “local legal culture,” systemic racial bias, and …

Deterrence, David Crump

St. Mary's Law Journal

Abstract forthcoming

Finality Of A Conviction: A Noncitizen's Right To Procedural Due Process, Daniela Mondragon

St. Mary's Law Journal

Abstract forthcoming

Brief Of Amici Curiae Criminal Procedure Professors In Gamble V. United States, No. 17-646, Stephen Henderson, George Thomas, Michael Mannheimer, Kiel Brennan-Marquez

Other Faculty Publications

The Fifth Amendment guarantees that, “No person shall be ... subject for the same offence to be twice put in jeopardy of life or limb.” Yet that is precisely what happened to Terance Martez Gamble. The State of Alabama prosecuted and convicted him for being a felon in possession of a firearm. Subsequently, the United States initiated a second prosecution for what all parties have assumed is definitionally the same offense, yielding a second conviction. That second, duplicative prosecution and conviction violated the letter and spirit of the Double Jeopardy Clause.As a matter of the Framer’s understanding, as a matter …

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Regulatory Schizophrenia: Mergers, Alliances, Metal-Neutral Joint Ventures And The Emergence Of A Global Aviation Cartel, Paul S. Dempsey

Journal of Air Law and Commerce

No abstract provided.

As The Grapefruit Turns Sixty, It’S Time To Get Serious About Clean Up In Outer Space, Humaid Alshamsi, Roy Balleste, Michelle L. D. Hanlon

Journal of Air Law and Commerce

The ability to physically interact with an on-orbit object is an idea that has been stymied by its great cost. Yet the rewards are incalculable. Autonomous on-orbit servicing (OOS) vehicles can potentially repair or salvage an ailing satellite or remove it from orbit. The former can help recoup the considerable investment that goes into the development and construction of a satellite, and the latter would reduce space debris. In short, the development of OOS should be promoted. This paper will explore the legal ramifications and complications of unmanned on-orbit servicing missions. After reviewing the international framework and the current state …

Unmaking A National Space Legislation For India: Indigenizing Space Law Through The “Organic Science” Of The Indian Space Program, S. G. Sreejith

Journal of Air Law and Commerce

No abstract provided.

Presuming Patent Inventorship Without Further Examination: A Double-Edged Sword For Aerospace Companies, Jake Winslett

Journal of Air Law and Commerce

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Recent Developments In Aviation Law, Justin V. Lee

Journal of Air Law and Commerce

No abstract provided.

Event Horizon: Examining Military And Weaponization Issues In Space By Utilizing The Outer Space Treaty And The Law Of Armed Conflict, Ryan M. Esparza

Journal of Air Law and Commerce

This article takes the position that any lingering ambiguities surrounding the militarization and weaponization of outer space should be analyzed via the joint scope of the Outer Space Treaty and the Law of Armed Conflict. This article pulls key provisions from Additional Protocol I to the Geneva Conventions because of Additional Protocol I’s application in international conflicts and affirmation of the four Geneva Conventions. After an examination of key Additional Protocol I provisions and their application to space, this article conducts a joint analysis of the Outer Space Treaty and the Law of Armed Conflict. This joint analysis examines three …

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Antitrust Immunity For Joint Ventures Among Alliance Airlines, Fred Lazar

Journal of Air Law and Commerce

This article addresses four fundamental questions:

1. If joint ventures and, particularly, metal-neutral joint ventures produce significant benefits for consumers, then why not grant them antitrust immunity while subjecting them to periodic reviews that ensure benefits continue to materialize and exceed the potential costs of lessening competition?

2. Alternatively, why not grant antitrust immunity to a joint venture with a time limit and subject it to another review on whether the immunity should be extended for another fixed period of time?

3. Or, why not attach conditions other than carve-outs to any immunized joint ventures?

4. Finally, should immunity have …

Domestic Airline Mergers And Defining The Relevant Market: From Cities To Airports, Alexa Naumovich

Journal of Air Law and Commerce

In 2017, more than four billion people in the world used aviation to travel. Airlines within the United States transported 741 million passengers domestically. As passenger demand for air travel has risen astronomically, the number of airlines who serve domestic passengers has dwindled to five major U.S. airlines. This shift in the airline industry and the reduced number of domestic airlines requires the Department of Justice (DOJ) Antitrust Division (Antitrust Division) to alter its analysis of airline mergers to determine their anticompetitive ramifications.

This article serves as guidance for the future of airline mergers within the United States. It argues …

It Is A Mindboggling Dilemma: To Play Or Not To Play Youth Sports Due To Concussion Risks?, Tracey Carter

Law Faculty Scholarship

Concussions and their long term effects resulting from football collisions have recently entered the forefront of social debate. Movies like Concussion as well as high-profile lawsuits due to post-concussion health effects have casted a spotlight on brain injuries at the collegiate and professional level. However, this debate has equal application in youth sports—recent studies show that sports-related concussions at the elementary, middle, and high school levels are equally concerning. Youth sports are safer when fewer athletes suffer from sports-related concussions. But litigation is not the best avenue to make youth sports safer. Youth sports can be improved by: 1) primary …

Tribute To Professor Paul Giannelli, Erin Murphy

Case Western Reserve Law Review

No abstract provided.

Tribute To Professor Paul Giannelli, Dale Nance

Case Western Reserve Law Review

No abstract provided.

A Legal Perspective On The Trials And Tribulations Of Ai: How Artificial Intelligence, The Internet Of Things, Smart Contracts, And Other Technologies Will Affect The Law, Iria Giuffrida, Fredric Lederer, Nicolas Vermerys

Case Western Reserve Law Review

No abstract provided.

Who Speaks For Neuroscience? Neuroimaging Evidence And Courtroom Expertise, Jane Campbell Moriarty, Daniel D. Langleben

Case Western Reserve Law Review

No abstract provided.

Forensic Science: Daubert’S Failure, Paul C. Giannelli

Case Western Reserve Law Review

No abstract provided.

Standing As A Barrier For Constitutional Challenges To Civil Ag-Gag Statutes, Lauren Stuy

Case Western Reserve Law Review

No abstract provided.

Building A Culture Of Assessment In Law Schools, Larry Cunningham

Case Western Reserve Law Review

No abstract provided.

Regulating Complacency: Human Limitations And Legal Efficacy, Steven L. Schwarcz

Faculty Scholarship

This Article examines how insights into limited human rationality can improve financial regulation. The Article identifies four categories of limitations—herd behavior, cognitive biases, overreliance on heuristics, and a proclivity to panic—that undermine the perfect-market regulatory assumptions that parties have full information and will act in their rational self-interest. The Article then analyzes how insights into these limitations can be used to correct resulting market failures. Requiring more robust disclosure and due diligence, for example, can help to reduce reliance on misleading information cascades that motivate herd behavior. Debiasing through law, such as requiring more specific, poignant, and concrete disclosure of …