Law Commons^™

The Realities Of Takings Litigation, Dave Owen

BYU Law Review

This Article presents an empirical study of takings litigation against the United States. It reviews the cohort of takings cases filed against the federal government between 2000 and 2014, tracing each case from filing through final disposition. The result is a picture of takings litigation that is at odds with much of the conventional wisdom of the field. That conventional wisdom suggests that most takings cases will involve alleged regulatory takings; that the most intellectually challenging issues will arise within the field of regulatory takings; and, more broadly, that takings litigation will play an important role in the United States' …

Is Trade Sexist? How “Pink” Tariff Policies’ Harmful Effects Can Be Curtailed Through Litigation And Legislation, Miranda Hatch

BYU Law Review

No abstract provided.

Discrimination Because Of Sex[Ual Orientation And Gender Identity]: The Necessity Of The Equality Act In The Wake Of Bostock V. Clayton County, Rachel Eric Johnson

BYU Law Review

No abstract provided.

Why The President Should Remain Commander In Chief Of The D.C. National Guard, Christopher F. Melling

BYU Law Review

No abstract provided.

Inflation Reduction Act’S Reception By Global Trading Partners, Sophia Hilsman

Cardozo International & Comparative Law Review (CICLR) Blog

The Biden Administration touted the Inflation Reduction Act (the “IRA”), signed on August 16, 2022, as “the most aggressive action on tackling the climate crisis in American history.” The world desperately needs climate action. The seven warmest years recorded on Earth were 2015 to 2021. In 2021, global fossil fuel carbon dioxide emissions “returned to the pre-pandemic levels of 2019.”

This post was originally published on the Cardozo International & Comparative Law Review on October 15, 2022. The original post can be accessed via the Archived Link button above.

Providing Farmers With The Legal Tools Needed To Keep The Equipment Running: An Update On The Agricultural Right To Repair Movement, Greg Nies, Bruce Elder

Mountain Plains Business Conference

This presentation examines and summarizes the right to repair movement from the perspective of its origins, development, legal basis and – most significantly – its unique manifestation within an agriculture perspective. The agricultural equipment sector is more concentrated and less competitive than many other industries, while the typical farmer remains fiercely independent and self-reliant. This unique situation has led to conflict, forming the basis of the current agricultural right to repair dispute. Accordingly, the current state of the agricultural right to repair movement is examined and explained based on the recent policy, legislation, and litigation efforts employed at federal and …

The Connick/Garcetti Split: Is Public Employee Association A Matter Of Public Concern?, Austin J. Wishart

University of Cincinnati Law Review

No abstract provided.

Why Is A Debt Collector Texting Me? The Modernization Of Debt Collection Practices, Emily Schmidt

University of Cincinnati Law Review

No abstract provided.

Attack On The Spac: The Push To Regulate Special Purpose Acquisition Companies As Investment Companies Under The Investment Company Act, Sean Meyer

University of Cincinnati Law Review

No abstract provided.

Speech Markets & Web3: Refreshing The First Amendment For Non-Fungible Tokens (Nfts), Tanner Dowdy

University of Cincinnati Law Review

No abstract provided.

Privacy Please — Direct Observation Drug Testing & Invasion Of Privacy, Elizabeth Black

University of Cincinnati Law Review

No abstract provided.

Unsticking American Tort Theory, Benjamin Sundholm

University of Cincinnati Law Review

In the United States, the debate over the foundations of tort law is at an impasse. On one side of the dispute, economic theorists contend that tort law is primarily concerned with the forward-looking aim of maximizing societal wealth. The most prominent critics of this view claim that an economic analysis of tort law cannot explain the field’s backward-looking concern with achieving corrective justice by remedying wrongs. Despite the strength of this critique, economic theorists have a legitimate response available to them: corrective justice describes the reparative aspect of tort law, but it stops short of providing a justificatory account …

On Account Of Youth: Winning Asylum For Children, Linda Kelly

University of Cincinnati Law Review

No abstract provided.

Leading Law Schools: Relationships, Influence, And Negotiation, Michael T. Colatrella Jr.

University of Cincinnati Law Review

No abstract provided.

Racecraft And Identity In The Emergence Of Islam As A Race, Cyra Akila Choudhury

University of Cincinnati Law Review

Can a religion, over time and through its social and legal resignification, come to be a race? Drawing on Critical Race Theory (“CRT”), Critical Discourse Theory, the work of Karen E. and Barbara J. Fields and Cedric Robinson, this article argues that Islam has emerged as a race and Muslims as a racial group. To support the claim, Part I examines the theoretical basis for the argument. Applying the concept of “racecraft,” the article theorizes that racism produces both the racial group and race. As many have already argued, race is not based in biology; it is not a fact …

Volume 09 (Part 1), District Court Of The United States For The Northern District Of Ohio, Eastern Division

City of Cleveland v. The Cleveland Illuminating Company, 1980

City of Cleveland, plaintiff vs. The Cleveland Electric Illuminating Company, defendant : civil action no. C75-560; proceedings had before the Honorable Robert B. Krupansky of said court, commencing on Tuesday, September 2, 1980 in the District Court of the United States for the Northern District of Ohio, Eastern Division

10/14/80-10/16/80

The Amazing Carrie Menkel-Meadow And What Wins When Passions Collide, Lela Porter Love

Texas A&M Law Review

Carrie Menkel-Meadow (sometimes referred to as “Carrie” herein) is famous in the dispute resolution world as one of the field’s founders. Her prolific writing on dispute resolution—negotiation, mediation, arbitration, and the variants of these major processes—evidences an unrivaled passion for the subject. A renaissance thinker, her intellectual explorations also extend to other areas such as women’s rights and restorative justice for victims of egregious wrongs.

Her multiple passions sometimes create dynamic tensions. For example, what happens if mediation norms threaten a woman’s rights? Or if mediators divert the focus of a dispute resolution process to the future, neglecting a horrific …

Introduction To The Renaissance Woman Of Dispute Resolution: Carrie Menkel-Meadow’S Contributions To New Directions In Feminism, Ethics, And Adr, Nancy A. Welsh

Texas A&M Law Review

Introduction to Texas A&M Law Review's 2022 Symposium Issue

Choices: The Many Routes To Justice And Peace With Dispute Resolution, Ethics, And Feminism, Carrie Menkel-Meadow

Texas A&M Law Review

As Yogi Berra once said, “When you come to a fork in the road. . . . take it[!]” Our lives present us all with choices—personal and professional. My professional life has been filled with efforts to create more choices of process and ethical and political commitments to seek a more just world. I began as a poverty and civil rights lawyer and sought effective and creative ways to solve problems, notably when court-based solutions were too “brittle” and binary and did not solve the underlying problem. I have looked at legal problem solving through the lens of interdisciplinary approaches …

It’S In The “Telling” (By Asking): A Passover Analogy To Explain The Enduring Foundational Nature Of Carrie Menkel-Meadow’S Dispute Resolution Scholarship, James R. Coben

Texas A&M Law Review

One true measure of whether ideas are “foundational” is whether they will resonate with future generations. Judaism, one of the world’s oldest religions, offers an annual ritual—the Passover Seder—that exemplifies success in passing down foundational ideas. That ritual, among other things, posits that to tell an enduring story, it must be told in ways that inspire many different kinds of people—with widely disparate motivations, perspectives, and abilities—to engage with, relate to, and understand the story. This Essay asserts that Carrie Menkel-Meadow’s dispute resolution scholarship is very much a successful “telling” with many characteristics remarkably similar to the Passover Seder. And …

Process Pluralism In The Post-Covid Dispute Resolution Landscape, Orna Rabinovich-Einy

Texas A&M Law Review

Among her numerous contributions as a founder of the field, Professor Menkel-Meadow coined and developed the term “process pluralism,” one of the most influential concepts in the dispute resolution arena. Process pluralism serves both as a descriptive lens in observing the dispute resolution landscape and as a normative prism through which various procedural schemes can be evaluated and procedural reform can be devised.

In the last few years process pluralism has gained new meaning as diversity in procedural avenues increasingly encompassed a broader range of mediums. Initially, such additional procedural choices existed mainly in written asynchronous form, but with the …

Carrie Menkel-Meadow: Leading Us Toward Justice And Peace, Jean R. Sternlight

Texas A&M Law Review

This Essay explores how Carrie Menkel-Meadow’s life and work have both highlighted the path of “And”—showing and explaining that it is not only possible but also desirable to seek justice as well as peace, to be both activist and neutral. Of course, tensions will remain. Regarding particular issues in specific moments we all must decide which path we can and should take. Which activism is best, and which goes too far? With whom can we or should we negotiate, and when should we instead say, “I can’t negotiate with this person or group”? When should we talk and listen, and …

Pluralistic Professionalisms: Religious Identity, Excluded Voice, And A Toolkit For The Periphery, Swethaa S. Ballakrishnen

Texas A&M Law Review

Assimilation of new entrants into the legal profession has been a signature strain of Carrie Menkel-Meadow’s research. Even if the empirical particularities have since evolved, her pathbreaking research on women lawyers and gendered lawyering processes remain prime examples of socio-legal work on lawyers with important theoretical extensions. For example, in Portia in a Different Voice, her now classic piece from 1985, Menkel-Meadow analyzes how numbers alone are insufficient indicia of feminization within the legal profession. Beyond the description of the state of the legal profession at the time of writing, her argument that we should pay attention to what lawyers …

Feminist Legal Theory And #Metoo: Revisiting Tarana Burke’S Vision Of Empowerment Through Empathy, Penelope E. Andrews

Texas A&M Law Review

It is my purpose to ground this Article in ubuntu and the politics of radical love as applied to the goals of #MeToo and its pursuit of redress for victims of sexual harms. Part II explores the convergences and divergences of #MeToo with feminist campaigns of an earlier era. Part III questions whether a renewed quest for gender equality, largely spawned by a Twitter/social media campaign, may lead to sustainable change built on notions of empathy and restorative justice, which was the vision espoused by Carrie in her work and which influenced Tarana Burke when she founded #MeToo. Part IV …

Ethical Negotiation And Postcapitalist Politics: An Essay For Carrie, Amy J. Cohen

Texas A&M Law Review

In a 1983 article, Legal Negotiation: A Study of Strategies in Search of a Theory, Carrie Menkel-Meadow took stock of what was motivating a diverse range of scholars to want to reimagine negotiation theory. She described these negotiation scholars as shaped by the exigencies of their own political moments. Some were lawyers concerned about too much litigation of an unsatisfying quality. Many, however, were concerned more broadly about “the general level of hostility in the world,” even haunted by the possibility that nuclear weapons could destroy all of humanity. Negotiation scholars included “[e]conomists and game theorists . . . concerned …

Carrie Menkel-Meadow: Dispute Resolution In A Feminist Voice, Andrea Kupfer Schneider

Texas A&M Law Review

The presence of women in the law has changed the law’s substance, practice, and process. Carrie Menkel-Meadow, whose scholarship centers on this theme, is one such revolutionary woman.

Professor Menkel-Meadow, who I am proud to call my colleague, co-author, and friend (hereinafter referred to as Carrie), began her career in 1977 with a series of simple questions that sparked a breathtaking body of work. Carrie probed the depth of male domination in the realm of law and wondered what changes female representation might engender. In particular, she focused her inquiry on the value orientation each respective gender might bring to …

Appendix To “The Amazing Carrie Menkel-Meadow And What Wins When Passions Collide”, Lela Porter Love

Texas A&M Law Review

Appendix to “The Amazing Carrie Menkel-Meadow and What Wins When Passions Collide”

Brief Of Amici Curiae Jewish Coalition For Religious Liberty, Islam & Religious Freedom Action Team Of The Religious Freedom Institute, And Notre Dame Law School Religious Liberty Clinic In Support Of Petitioners, John A. Meiser, Nicole Stelle Garnett

Court Briefs

No. 22-238
Charter Day School, Inc. v. Bonnie Peltier

On Petition for a Writ of Certiorari to the United States Court of Appeals for the Fourth Circuit

From the Summary of Argument

The Fourth Circuit’s gross misapplication of state-action doctrine contradicts decades of precedent and expands the doctrine beyond its breaking point. If not corrected, that analysis would also endanger many vital public services provided by religious charitable groups and undermine this Court’s recent free-exercise cases in the process.

The Law Of Friends, Ezra Rosser

Scholarly Articles in Law Reviews & Journals

A serious law professor would not write an article about the TV show Friends, but having just written a book and an article, I’m on a “break.” Besides, I’m not that serious a law professor. And Friends is as good a topic as any. For those of us of a certain age—too young to have watched M.A.S.H. when it came out and old enough to remember watching broadcast TV and not just through a streaming service on a device—Friends was and is a big deal. It both captured a particular moment in history and helped make that moment.

Looking back …

Ochoa Selected As New Dean Of Iu Maurer, First Person Of Color To Lead Law School, Jordan Morey

Christiana Ochoa (7/22-10/22 Acting; 11/2022-)

The next dean of the Indiana University Maurer School of Law will come from in house.

IU Maurer announced longtime faculty member Christiana Ochoa as the 17th dean in the law school’s history on Thursday.

Ochoa, who has served as interim dean since July, will move into the full-time deanship at the Bloomington school effective Nov. 1. She is the first person of color and the second woman to be named dean in IU Maurer’s history.

Additionally, according to IU Maurer, Ochoa is the eighth Latina ever to serve as the dean of a U.S. law school.