Law Commons^™

Substantive Due Process And A Comparison Of Approaches To Sexual Liberty, William Council

Fordham Law Review

Over 150 years ago, Congress passed and the states ratified the Fourteenth Amendment, banning states from passing or enforcing laws based on unconstitutional classifications and protecting persons in the United States from adjudication without due process. For over one hundred years, however, courts and commentators have been fighting over the Fourteenth Amendment’s Due Process Clause’s controversial protections of substantive rights. The U.S. Supreme Court has applied inconsistent methodologies to these substantive due process claims, attempting to walk a tightrope between the Court’s power to subjectively announce new rights as “fundamental” and the traditional role of the states’ plenary police powers. …

Natural Law Colloquium Legal Interpretation And Natural Law, Mark Greenberg

Fordham Law Review

No abstract provided.

Remarks, Ira Shapiro

Fordham Law Review

No abstract provided.

Opening Pandora’S Jury Box, B. Samantha Helgason

Fordham Law Review

More than sixty years ago, the U.S. Supreme Court decided Remmer v. United States, thereby defining what procedural steps restore a defendant’s Sixth Amendment right to a fair trial in the face of a contaminated or partial jury. Remmer, a case replete with evidence of jury tampering and covert investigations, fashioned the remedy for future courts to redress allegations of jury taint. Upon making out a prima facie case, a defendant is entitled to an evidentiary hearing, at which the evidence is presumed to prejudice the defendant, and the government bears the burden of rebutting. In Remmer’s wake, however, the …

Healing A Fractured Preemption Doctrine: The Impact Of Merck Sharp & Dohme Corp. V. Albrecht On Impossibility Preemption Defenses, Elizabeth Marley

Fordham Law Review

Patient safety depends on tort litigation to identify a brand-name drug’s undisclosed risks, illuminate flaws in a drug’s design, and raise concerns that a drug requires further study before it is safe for patient use. However, since the U.S. Supreme Court’s landmark decision in Wyeth v. Levine, which permitted the plaintiff to move forward but recognized an in-principle impossibility preemption defense, drug manufacturers have shielded themselves from liability under a range of circumstances. Under this defense, federal law preempts state law tort actions against brand-name drug manufacturers in any court across the country. Yet, the scope of the impossibility preemption …

Remarks, Jon Soderstrom

Fordham Law Review

No abstract provided.

The Effect Of Green Announcements On Stock Returns Of New Zealand Listed Companies, David K. Ding

Research Collection Lee Kong Chian School Of Business

The purpose of this paper is to investigate the effect of corporate green announcements on the stock performance of listed companies in New Zealand. We find that the market has a positive, though not significant, reaction to the announcements. New Zealand companies are largely viewed to be already quite green at the onset and the market is not very much surprised by such announcements but expect them to continue being green. Our results are consistent with the view that to be green is costly, especially so in a developed economy where the cost of doing business is high. Our findings …

Front Matter, Volume 46, Number 1, University Of Dayton

University of Dayton Law Review

Table of contents, administrative information

Congressional Term Limits: The Right Idea, The Wrong Numbers. A Proposal In Favor Of Increased Term Limits For Congress, Ashley Oravetz

University of Dayton Law Review

No abstract provided.

How Definitive Is Fourth Amendment Textualism?, Evan H. Caminker

Michigan Law Review Online

Professor Jeffrey Bellin’s excellent article advances a comprehensive and straightforward textual approach to determining what policing activities constitute “searches” triggering the protections of the Fourth Amendment. Bellin’s thesis is that a text-based approach to interpreting the Amendment is superior to the Supreme Court’s current approach, which ever since Katz v. United States has defined “search” primarily by reference to a non-textual “reasonable expectation of privacy” standard. After soundly criticizing the ungrounded and highly subjective nature of the Katz test, Bellin declares that the Court should instead simply follow where the text leads: the Amendment protects people from a search, meaning …

International Standards: Catalyst Or Barrier For Innovative Entrepreneurship In Singapore?, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

This research, under the Competition and Consumer Commission of Singapore inaugural Research Grant 2018, considers whether and how international standards, specifically those of the International Organization for Standardization (ISO), can function as a catalyst or barrier to innovative entrepreneurship in Singapore. It also interrogates how private (and quasi-public regulation) affect competition and whether such barriers are anti-competitive. In essence, while innovation and entrepreneurship are necessary, they may not be sufficient in ensuring that a product or service is competitive and able to access export markets. The growing movement towards and the expectation of businesses engaging in responsible behaviour has led …

To Boycott Proceedings Or Not? Recourse Against Arbitral Awards On Jurisdictional Grounds By Different Categories Of Respondents Under The Model Law, Darius Chan, Claire Neoh

Research Collection Yong Pung How School Of Law

The remedies that award debtors have under Articles 16(3), 34 and 36 of the Model Law, and more critically the inter-relationship between those remedies, has attracted much debate. Yet there is a dearth of analysis on how the availability of each remedy may differ according to the award debtor’s degree of participation in the arbitral pro- cess. Such analysis carries significant practical value for parties in considering whether and to what extent they should participate in any arbitral process when they harbour jurisdictional objections. This article distils Singapore’s experience, describing how Singapore has implemented the ‘choice of remedies’ principle for …

Equity And Trusts, Hang Wu Tang, Yong Seng Tay

Research Collection Yong Pung How School Of Law

Jocelyn Rita d/o Lawrence Stanley v Tan Gark Chong1 (“Jocelyn Rita v Tan Gark Chong”) is an example of an attempt to set aside a trust deed in the wake of BOM v BOK. 2 This case takes place in the context of a husband and wife relationship.

Big Data Analytics Adoption: Determinants And Performances Among Small To Medium-Sized Enterprises, Parisa Maroufkhani, Ming-Lang Tseng, Mohammad Iranmanesh, Wan Khairuzzaman Wan Ismail, Haliyana Khalid

Research outputs 2014 to 2021

Big data analytics (BDA) adoption is a game-changer in the current industrial environment for precision decision-making and optimal performance. Nonetheless, the determinants or consequences of its adoption in small and medium enterprises remain unclear, hence the objective of this study. Data analysis of 171 Iranian small and medium manufacturing firms revealed that complexity, uncertainty and insecurity, trialability, observability, top management support, organizational readiness, and external support affect significantly on BDA adoption. The findings confirm the strong impact of BDA adoption in small to medium-sized enterprises, marketing and financial, performance enhancement. Understanding the drivers of BDA adoption helps managers to employ …

Debunking The Efficacy Of Standard Contract Boilerplate: Part I, David Spratt

Scholarly Articles in Law Reviews & Journals

Many contracts start with an introductory paragraph like this one: THIS AGREEMENT is made and entered into said 5th day of June, 2020, by and between JOHN JONES (hereinafter referred to as "Jones") and MARY SMITH (hereafter referred to as "Smith"), hereinafter referred to together as "the parties." Where do I find my red pen? There are so many problems with this introduction, I might run out of ink.

Who's Afraid Of Section 1498? A Case For Government Patent Use In Pandemics And Other National Crisis, Charles Duan, Christopher J. Morten

Scholarly Articles in Law Reviews & Journals

COVID-19 has created pressing and widespread needs for vaccines, medical treatments, PPE, and other medical technologies, needs that may conflict--indeed, have already begun to conflict--with the exclusive rights conferred by United States patents. The U.S. government has a legal mechanism to overcome this conflict: government use of patented technologies at the cost of government paid compensation under 28 U. S.C. § 1498. But while many have recognized the theoretical possibility of government patent use under that statute, there is today conventional wisdom that § 1498 is too exceptional, unpredictable, and dramatic for practical use, to the point that it ought …

Is There No Way To The Truth? Copyright Liability As A Model For Restricting Fake News [Notes], Michael Goodyear

Articles & Chapters

A proliferation of fake news has flooded U.S. websites and social media. From misinformation affecting the 2016 election to individuals making profits off of creating false stories, the United States desperately needs a legal response to the fake news crisis. However, U.S. law has effectively forestalled any attempts to bring fake news to heel. The First Amendment has been held to protect fake news. The Communications Decency Act, codified as Section 230, protects online platforms from the remaining potential sources of vicarious liability for fake news. Instead, gradually, self-regulation by websites has started to fill this void.

Proposed solutions have …

When Prosecutors Politick: Progressive Law Enforcers Then And Now, Bruce Green, Rebecca Roiphe

Articles & Chapters

A new and recognizable group of reform-minded prosecutors has assumed the mantle of progressive prosecution. The term is hard to define in part because its adherents embrace a diverse set of policies and priorities. In comparing the contemporary movement with Progressive Era prosecutors, this Article has two related goals. First, it seeks to better define progressive prosecution. Second, it uses the historical example to draw some lessons for the current movement. Both groups of prosecutors were elected on a wave of popular support. Unlike today’s mainstream prosecutors who tend to campaign and labor in relative obscurity, these two sets of …

Unmarked Agents, Accountability, And The Anti-Commandeering Doctrine, Nicholas Almendares

Articles by Maurer Faculty

The Trump Administration recently deployed federal agents to Portland, Oregon in response to ongoing protests. Notably, these agents wore camouflage and drove unmarked cars instead of uniforms and vehicles that would clearly identify their agency affiliation and whose authority they act under. The administration also deployed officers in riot gear lacking agency identification to the nation’s capital in June.

Critics argue that these actions represent authoritarian tactics, encourage the use excessive force, and overstep the statutory and constitutional powers of the federal government. They sparked another wave of protests in response throughout the country. Here, I want to sketch an …

Intentional Professional Development In Changing Times, Maggie Kiel-Morse

Articles by Maurer Faculty

I recently participated in the AALL Leadership Academy, held virtually on August 6, 7, and 14. The Leadership Academy has a reputation for fostering core leadership skills, and enhancing key tools and strategies for effective leadership, while also providing excellent networking opportunities for participants. I was excited and grateful to be accepted to participate, and to receive a grant from ALL-SIS. When the change to a virtual format was announced, I had some reservations about continuing to participate. Ultimately, I decided that whatever the format, the opportunities for professional growth offered by the Leadership Academy were too good to pass …

Program Review: Empowering Foreign Llm Students To Learn And Thrive, Maggie Kiel-Morse

Articles by Maurer Faculty

A review of the program, “Empowering Foreign LLM Students to Learn and Thrive,” presented by Jennifer Allison, in the RIPS-SIS Instructional Design for Law Librarians Workshop, July 28-30, 2020.

Chiarella V. United States And Its Indelible Impact On Insider Trading Law, Donna M. Nagy

Articles by Maurer Faculty

Insider trading cases, which are typically prosecuted as securities fraud, carry a mystique rarely present in securities litigation. As a former U.S. Attorney for the Southern District of New York once observed, the cases involve "'basically cops and robbers. . . .[d]id you get the information and did you trade on it?" It is no wonder that each insider trading case featured in this symposium presents a captivating story. But for two distinct reasons, Chiarella v. United States occupies a special place in history. It was the first prosecution under the federal securities laws for the crime of insider trading. …

In Search Of Prerogative, Ilan Wurman

Duke Law Journal

The standard formalist account of Article II’s Executive Vesting Clause is that “the executive power” refers to all the powers and authorities possessed by the executive magistrate in Great Britain prior to the Constitution’s adoption, subject to the assignment of such powers and authorities to the other departments of the national government. In recent papers, a handful of scholars have challenged this “residual vesting thesis” by amassing evidence that “the executive power” textually referred only to the power to carry law into execution and not to the bundle of other royal prerogatives—for example over foreign affairs and national security—enjoyed by …

The Gorsuch Test: Gundy V. United States, Limiting The Administrative State, And The Future Of Nondelegation, Johnathan Hal

Duke Law Journal

The future of nondelegation is uncertain. Long considered an “axiom in constitutional law,” the nondelegation principle has almost never been seriously enforced—from the founding of the country to present day. After the Supreme Court’s decision in Gundy v. United States, that truism may soon change.

For much of its recent history, the Court has approached nondelegation challenges using the “intelligible principle” test. Now, for the first time in many years, five Justices have indicated a willingness to revisit that test. In his dissenting opinion in Gundy, Justice Gorsuch proposed a new test—the “Gorsuch test”—for adjudicating nondelegation disputes. He averred …

The Uniform Commercial Code Survey: Introduction, Jennifer S. Martin, Colin P. Marks, Wayne Barnes

Faculty Scholarship

The survey that follows highlights the most important developments of 2019 dealing with domestic and international sales of goods, personal property leases, payments, letters of credit, documents of title, investment securities, and secured transactions.

Rethinking Standards Of Appellate Review, Adam N. Steinman

Faculty Scholarship

Every appellate decision typically begins with the standard of appellate review. The Supreme Court has shown considerable interest in selecting the standard of appellate review for particular issues, frequently granting certiorari in order to decide whether de novo or deferential review governs certain trial court rulings. This Article critiques the Court's framework for making this choice and questions the desirability of assigning distinct standards of appellate review on an issue-by-issue basis. Rather, the core functions of appellate courts are better served by a single template for review that dispenses with the recurring uncertainty over which standard governs which trial court …

High Seas Governance: Gaps And Challenges, Bernard H. Oxman

Articles

No abstract provided.

There Will Be Floods: Armoring The People Of Florida To Make Informed Decisions On Flood Risk, Natalie N. Barefoot, Daniela Tagtachian, Abigail L. Fleming, Gabriela Falla, Bethany Blakeman, Natalie Cavellier

Articles

In Florida, a peninsula surrounded by water with the second-lowest mean elevation in the country, there will be floods.[1] A global study ranking cities most vulnerable to losses from flooding lists Miami first in the United States and sixth globally; Tampa-St. Petersburg is listed as 16th globally.[2] Yet there are no state statutes or regulations in Florida that require a seller or landlord to make flood-related disclosures to homebuyers and renters. In contrast, while varying in scope, 29 states require flood-risk disclosures in real estate transactions.[3] Though Florida should be leading in this arena, in an evaluation of nationwide flood …

Against Fascism: Toward A Latcritical Legal Genealogy, Elizabeth M. Iglesias

Articles

No abstract provided.

Arizona's Sex Offender Laws: Recommendations For Reform, Tamara Rice Lave

Articles

No abstract provided.