Law Commons^™

The New Handshake: Online Dispute Resolution And The Future Of Consumer Protection, Michael Ferrence

Arbitration Law Review (2009 - Present)

No abstract provided.

The ‘Sanctuary City’ Syndrome Reaches Arbitration: State Supreme Courts Defy Federalization, Thomas E. Carbonneau

Arbitration Law Review (2009 - Present)

No abstract provided.

East V. West: The United States’ Indo-Pacific Economic Vision Takes On China’S Belt And Road Initiative, Jaime Fell

Arbitration Law Review (2009 - Present)

No abstract provided.

A Gun To Whose Head? Federalism, Localism, And The Spending Clause, Daniel S. Cohen

Dickinson Law Review (2017-Present)

President Trump’s executive order rescinding federal funds from “sanctuary jurisdictions” has brought a critical, but overlooked, question of constitutional law to the forefront of the political debate: how does the Spending Clause apply to local governments? The purpose of the Spending Clause is to empower the federal government to bargain with the states to enact policies it cannot enact itself. This power, however, is constrained within the confines of federalism. The Supreme Court has sought to restrict the Spending Clause by crafting the Dole-NFIB framework, a test to determine whether a federal grant has compromised federalism. At its …

The Anonymity Heuristic: How Surnames Stop Identifying People When They Become Trademarks, Russell W. Jacobs

Dickinson Law Review (2017-Present)

This Article explores the following question central to trademark law: if a homograph has both a surname and a trademark interpretation will consumers consider those interpretations as intrinsically overlapping or the surname and trademark as completely separate and unrelated words? While trademark jurisprudence typically has approached this question from a legal perspective or with assumptions about consumer behavior, this Article builds on the Law and Behavioral Science approach to legal scholarship by drawing from the fields of psychology, linguistics, economics, anthropology, sociology, and marketing.

The Article concludes that consumers will regard the two interpretations as separate and unrelated, processing surname …

Dr. Tele-Corporation: Bridging The Access-To-Care Gap, Nader Amer

Dickinson Law Review (2017-Present)

The United States is currently confronting an access-to-healthcare crisis, which rural regions are experiencing at a disproportionate rate. Many commentators have touted telemedicine as a solution for the access-to-care issue. Telemedicine uses video and telecommunication technology to allow physicians to treat patients from distant locations and thus facilitates a more equal distribution of physicians throughout the United States.

Although the telemedicine industry is quickly growing, the corporate practice of medicine doctrine impedes the industry’s expansion and consequently obstructs a viable solution to the access-to-care crisis. Generally, the corporate practice of medicine doctrine prohibits corporations and limited liability companies from employing …

Private Interests, Public Law, And Reconfigured Inequality In Modern Payment Card Networks, Stephen Wilks

Dickinson Law Review (2017-Present)

This Article examines two phenomena contributing to the racial stratification of consumers in credit card markets. The first phenomenon pertains to the longstanding conflict between card issuers and merchants over payment processing cost allocation. If successful, First Amendment challenges to existing statutory surcharge bans will allow merchants to impose an additional fee when consumers use credit cards as a form of payment. The Article relies on the interplay between socioeconomic class and behavioral theory to suggest subsistence borrowers would be more likely to pay surcharge fees than wealthier consumers. This arrangement disfavors the poor to support a hierarchy of borrowers, …

Whose Market Is It Anyway? A Philosophy And Law Critique Of The Supreme Court’S Free-Speech Absolutism, Spencer Bradley

Dickinson Law Review (2017-Present)

In the wake of Charlottesville, the rise of the alt-right, and campus controversies, the First Amendment has fallen into public scrutiny. Historically, the First Amendment’s “marketplace of ideas” has been a driving source of American political identity; since Brandenburg v. Ohio, the First Amendment protects all speech from government interference unless it causes incitement. The marketplace of ideas allows for the good and the bad ideas to enter American society and ultimately allows the people to decide their own course.

Yet, is the First Amendment truly a tool of social progress? Initially, the First Amendment curtailed war-time dissidents and …

Pennsylvania’S Need For Permanency: An Argument In Support Of Workable Standards For Representing Children In Involuntary Termination Of Parental Rights Proceedings, Anne M. Bingaman

Dickinson Law Review (2017-Present)

In cases of child abuse and neglect, Pennsylvania’s dependency laws both empower courts to act to protect the child and offer opportunities to bolster the parent-child relationship. However, when courts determine that maintenance of the parent-child relationship is not in the child’s best interest, termination of parental rights proceedings play an essential role in freeing the child for adoption.

Pennsylvania’s General Assembly has recognized that termination proceedings are both a necessary mechanism for permanency and a significant intrusion in the life of a child. As a result, the General Assembly enacted 23 PA. CONST. STAT. § 2313(a), a provision in …

Does The Tax Code Favor Robots?, Daniel Hemel

Public Law and Legal Theory Working Papers

In recent months, a number of scholars and commentators have articulated versions of the following argument: (1) U.S. tax law favors capital over labor;¹ (2) Robots are capital; ² (3) Therefore, U.S. tax law favors robots over labor. ³

Three implications tend to be drawn from this syllogism: (a) that U.S. tax law leads to inefficient investments in automation;⁴ (b) that automation—because it is capital-intensive and capital is tax-favored—will result in a reduction in tax revenues;⁵ and (c) that policymakers should respond to the automation trend either by imposing explicit taxes on robots or by raising taxes …

Outside Influence On Democratic Elections, Saul Levmore

Public Law and Legal Theory Working Papers

The 2019 Indian general election, and especially the enormous amount of money spent on campaigning and befriending voters during the election season, has drawn attention to the question of whether and when “outside” support (in the form of money and other assistance) from companies and persons not directly involved in an election should be forbidden, tolerated, or even encouraged. Common reactions to outside influence are inevitably inconsistent, even if we account for the fact that losers are likely to decry the outside influence that advantaged the winners or, more likely, the incumbent party expected to win. A novel approach, influenced …

Dissatisfied Members In Florida Llcs: Remedies, Donald J. Weidner

Scholarly Publications

No abstract provided.

The C.J.E.U. Case Law Relevant To The General Anti-Avoidance Rule (G.A.A.R.) Under The Anti-Tax Avoidance Directive (A.T.A.D.), Blazej Kuzniacki

Research Collection School Of Accountancy

This study concentrates on the Court of Justice of the European Union (C.J.E.U.) case law in order to reconstruct from it an interpretative guidance for the proper understanding and thus the application of the general anti-abuse rule included in Article 6 A.T.A.D. (the A.T.A.D.’s G.A.A.R.). Although Article 6 aims to harmonise general anti-abuse rules in the domain of tax law among all M.S.s, its wide scope and its phraseology raises a plethora of issues, in particular in respect of its proper– E.U. compatible– understating and thus application. The analysis of the relevant C.J.E.U. case law, as undertaken in this paper, …

What's Going Wrong In Nevada? A Comparative Analysis Of California And Nevada Gun Control Laws As They Relate To Gun Violence, Danielle Chami

CMC Senior Theses

The recent mass shooting on October 1, 2017 in Las Vegas, Nevada has been marked in history as the worst mass shooting in the United States to this point. The details of the shooting beg the question, is it coincidence that it happened in Nevada, a state with some of the least restrictive gun control laws? Mass shootings have become an unfortunate part of reality in the United States, but these are fairly uncommon occurrences. While they are horrific and deserve attention, daily gun violence cannot be forgotten. In the face of such a multitude of gun violence, what can …

The Psychology Surrounding Legal Standards Of Competency And Representation For Children In U.S. Immigration Court, Natasha Reyes

CMC Senior Theses

In recent years, immigration detentions have spiked. Further, the Zero Tolerance Policy enacted by President Trump has separated thousands of children from their families. Because many children are without their parents, and immigration court is civil in nature, thousands of children are placed in deportation hearings without representation each year. Child psychological research is at odds with the current deportation practices as psychological research deems children unable to understand the complexities of the court system or the impacts of deportation proceedings. A minimum competency to stand trial must be enacted to protect young children’s due process rights, regardless of citizenship. …

Considering Parental Alienation When Assessing Best Interest Of The Child, Juno Adler

CMC Senior Theses

As the divorce rate in the United States remains steady at 50%, the last few decades have shown an increase in child custody disputes. Within these litigations, interparental conflict can reach high levels and incite behaviors that wreak havoc on the children who are caught in the middle. When considering custody arrangements, judges and other evaluators use the Best Interest of the Child Standard (BICS), a jurisdictionally-specific framework that examines several factors that contribute to a child’s health and well-being. Parents who allow their resentments to get the better of them sometimes engage in behavior that encourages their child to …

Developing A Model For Effective Community Development Agreements In The Extractive Industries, John Nikolaou

CMC Senior Theses

Natural resource development has tremendous potential to create inclusive economic growth in countries well-endowed with oil, mineral, and agricultural resources. At the same time, natural resource development can cause negative environmental externalities, and, in several cases, extractives companies can engage in labor abuse.

The intersection of the government’s and the corporation’s interest can lie in Corporate Social Responsibility Projects.This thesis will analyze an alternative model of CSR: community development agreements (CDAs). CDAs are voluntary, or sometimes government mandated, agreements between the project developer and the project affected community that define company commitments to issues such as environmental impact mitigation, benefit …

Evolving Conceptions Of Sovereignty As Applied To Membership In International Organizations, Luke C. Radice

CMC Senior Theses

In the current international climate, both nations and individuals increasingly question both the validity and necessity of international organizations. This paper seeks to answer some of those questions, and to determine why countries choose to surrender significant portions of the national power that they are afforded under traditional perceptions of “Westphalian sovereignty”. This question is answered through an analysis of historical political thought on the concept of Sovereignty, then is applied to two case studies: the United Nations and the European Union, in which the benefits and downsides of surrendering sovereignty are discussed. Ultimately, this thesis concludes that the concept …

Looking Forward And Back In Time Of Transitions, Jacob Eisler

Scholarly Publications

No abstract provided.

Wannacry, Ransomware, And The Emerging Threat To Corporations, Lawrence J. Trautman, Peter Ormerod

Faculty Publications

The WannaCry ransomware attack began on May 12, 2017, and is unprecedented in scale-quickly impacting nearly a quarter-million computers in over 150 countries. The WannaCry virus exploits a vulnerability to Microsoft Windows that was originally developed by the U.S. National Security Agency and operates by encrypting a victim's data and demanding payment of a ransom in exchange for data recovery. Security experts have indicated that a North Korea- linked group of hackers-who have also been implicated in cyberattacks against Sony Pictures in 2014, the Bangladeshi Central Bank in 2016, and Polish banks in February 2017-is behind the attack.

Ransomware threatens …

Abstraction,Filtration, And Comparison In Patent Law, Michael Risch

Faculty Publications

No abstract provided.

Comparative Analysis Of Innovation Failures And Institutions In Context, Brett Frischmann, Mark P. Mckenna

Faculty Publications

Many different legal and non-legal institutions govern and therefore shape knowledge production. It is tempting, given the various types of knowledge, knowledge producers, and systems with and within which knowledge and knowledge producers and users interact, to look for reductionist shortcuts—in general, but especially in the context of comparative institutional analysis. The temptation should be resisted for it leads to either what Harold Demsetz called the Nirvana Fallacy or what Elinor Ostrom critiqued as myopic allegories.

One easy reductionist step is to focus on a particular dilemma—a particular market failure, for example, ignoring or assuming away others—and then compare institutions …

Everything From Soup To Nuts: The Full Plate Of Academic Law Library Directorship, Ronald E. Wheeler

Shorter Faculty Works

Inspired by "A Day in My Law Library Life,' Circa 1997," this compilation collects descriptions of a day in the lives of law librarians in 2018. The descriptions provide a current snapshot and historical record of the law library profession, with similarities to, and differences from, the profession of 1997.

It Takes A Village: An Analysis Of Multilateralism And The Legal Mechanisms Designed To Prevent Violence Against Women, Madison Ivey

Scripps Senior Theses

Treaties and international organizations work together to create a global environment that protects the rights of a person and actively promotes the well-being of society. However, they do not necessarily guarantee the rights of everyone. Since women are not explicitly named in human rights documents, they are often not granted equal human rights. Therefore, it takes more than just international legal instruments to guarantee women's rights as human rights. A combination of civil society (NGOs), International organizations (IOs), and domestic government creates a perfect coalition to beat the barriers that must be overcome to fully protect women from violence.

Copyright Statement, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Masthead, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

[Introduction To] Documents Of Native American Political Development: 1933 To Present, David E. Wilkins (Editor)

Bookshelf

Before Europeans arrived in what is now known as the United States, over 600 diverse Native nations lived on the same land. This encroachment and subsequent settlement by Americans forcibly disrupted the lives of all indigenous peoples and brought about staggering depopulation, loss of land, and cultural, religious, and economic changes. These developments also wrought profound changes in indigenous politics and longstanding governing institutions. David E. Wilkins' two-volume work Documents of Native American Political Development traces how indigenous peoples have maintained and continued to exercise a significant measure of self-determination contrary to presumptions that such powers had been lost, surrendered, …

The Common Law As Silver Slippers, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

Professor Anita Bernstein's book, The Common Law Inside the Female Body, is an erudite investigation into the history and operation of the common law. Bernstein's careful and wide-ranging study leads to her arresting thesis: The common law--an old, unpredictable, and slow system that has been there all along--has tremendous power to support and even advance women's legal claims to personal liberty. In other words, women have always had the common law right to be treated equally to men. We simply have not realized it.

Bernstein makes a convincing argument that the common law tradition has a unifying theoretical commitment: “[T]he …

The Unconstitutional Tampon Tax, Bridget J. Crawford, Emily Gold Waldman

Elisabeth Haub School of Law Faculty Publications

Thirty-five states impose a sales tax on menstrual hygiene products, while products like spermicidal condoms and erectile dysfunction medications are tax-free. This sales tax--commonly called the “tampon tax”--represents an expense that girls and women must bear on top of the cost of biologically necessary items that they need in order to attend school, work, and otherwise participate in public life. This article explores the constitutionality of the tampon tax and argues that it is an impermissible form of gender discrimination under the Equal Protection Clause. First, menstrual hygiene products are a unique proxy for female sex, and therefore any disadvantageous …

Less Trust Means More Trusts, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

The word “trust” has multiple meanings. In everyday speech, it refers to a feeling of confidence associated with integrity, such as trusting that a friend will keep a secret. In the financial context, some law students, lawyers and lucky individuals also understand that a trust is a near-magical device that splits legal and equitable title. A trustee holds formal legal title to property for the benefit of a beneficiary simply because the grantor declares it to be so. By turning the spotlight on “trust,” in both senses of the word, one can discern fault lines in contemporary U.S. political and …