Law Commons^™

Nontraditional Investors, Jennifer S. Fan

BYU Law Review

In recent years, nontraditional investors have become a major player in the startup ecosystem. Under the regulatory regime of U.S. securities law, those in the public realm are heavily regulated, while those in the private realm are largely left alone. This public-private divide, which is a fundamental organizing principle of securities law, has eroded with the rise of nontraditional investors. While legal scholars have addressed the impact of some of these nontraditional investors individually, their collective impact on deal terms, deal timelines, due diligence, and board configuration has not been discussed in a holistic manner; neither has their impact on …

The Original “Market” Understanding Of The Commerce Clause: Insights From Early Federal Government Practice And Precedent, Robert J. Pushaw Jr.

BYU Law Review

No abstract provided.

America The Divisible: Local Taxes And The Salt Subsidy, Matthew S. Johnson

BYU Law Review

The state and local tax (SALT) deduction subsidizes localities in a way that has not fully been appreciated by policymakers, practitioners, or academics. While the state portion of the SALT deduction captures headlines and receives significant attention from academics, the local portion has been overlooked. Local taxes introduce concerns that are not relevant to state-levied taxes. The local tax deduction provides a greater subsidy, per capita, for wealthy localities than it does for economically heterogeneous or less wealthy localities. This Note is the first to quantify the subsidy received by localities through the SALT deduction. This Note contributes to the …

Overqualified And Underrepresented: Gender Inequality In Pharmaceutical Patent Law, S. Sean Tu, Paul R. Gugliuzza, Amy Semet

Journal Articles

Pharmaceutical patents represent some of the most valuable intellectual property assets in the world: they can be worth billions of dollars if courts uphold their validity and find them infringed. But, if invalidated, generic drug manufacturers can get to market earlier, generating billions of dollars of revenue for themselves and creating enormous savings for consumers. Accordingly, drug patents are the product of careful, high-cost prosecution and are associated with high-stakes, bet-the-company litigation. But women lawyers are noticeably absent from pharmaceutical patent practice. This article reports an original empirical study finding that women comprise only one-third of the top pharmaceutical patent …

The Negative Effects Of Arbitration Clauses In Meal Delivery Service Subscriptions, Amanda Pasternak

Cardozo Journal of Conflict Resolution (CJCR) Blog

This past June, Daily Harvest, a vegan meal delivery service that sells soups, smoothies, and more recalled one of its products, French Lentil + Leek Crumbles, after hundreds of consumer reports of gastrointestinal illness, potential liver function issues, and other adverse reactions. According to the Food and Drug Administration (FDA), from April 28 to June 17, 2022, around 28,000 units of the recalled product were distributed to consumers throughout the United States via online sales, direct delivery, and retail sales. Samples were also given to a small number of consumers. Daily Harvest received around 470 reports of illness, which the …

An Analytical Study On The Intervention Of The Legislature To The Constitutional Court In Indonesia Compared To Developed Countries, Mochammad Arief Agus, Andi Muhammad Irvan Alamsyah

Indonesia Law Review

Practical improvements in the national institution context brought numerous changes regarding interactions between The Constitutional Court & The legislature including contemporary polemics. The check and balances framework is important to be noticed related to the Judge’s Independence. Aswanto’s recall as one of the Judges of the Indonesian Constitutional Court encourages us to elaborate more about the essence of independence. At the same time, checks and balances should stand out. What is the legal standing of any actions taken by the parliament to the constitutional court? How do developed countries practice the relationship between the legislature and the judiciary? The answer …

A Guide For Our Times: Herbert Hoover's Critique Of Supreme Court Expansion, Matthew Chopp

Compass: An Undergraduate Journal of American Political Ideas

Former President Herbert Hoover’s critiques of FDR’s plan to expand the Supreme Court are useful for defending against contemporary calls to enlarge the composition of the Court, such as the Judiciary Act of 2021.

Liberating The Truth In Augustine’S Confessions And Douglass’ Narrative, Vincent Hanrahan

Compass: An Undergraduate Journal of American Political Ideas

In this paper, I explore how Frederick Douglass’ and St. Augustine's understanding of the corruption of God's word produced their respective achievement of freedom. In examining Augustine’s Confessions and Douglass’ Narrative, we come to understand the moral imperative of public service both thinkers promoted; the idea that individuals have a distinct social obligation to share their knowledge in a promotion of the greater good.

Doctoral Studies As Learning To Rename The World, Hyleen Mariaye

Journal of Multicultural Affairs

The reflective experience documented in this paper engages with doctoral learning from Freire’s (1968/2000) conceptual lens of naming the world. Written from the narrative lens of the supervisor, it considers how doctoral level studies in education can position both the supervisor and the candidates as agents actively reconstructing their understanding of the world and their place in it. The doctoral journey is viewed as praxis compelling researchers to expand their frames for reading the world, accommodating the other, including multiple voices and thus demonstrating commitment to a global and yet constantly contested notion of citizenship.

Poetry And Praxis: Lessons From An Activist Educator, Dr. Emmanuel Tabi

Journal of Multicultural Affairs

Drawing on data from a narrative multi-case study based in Toronto, Canada, this article discusses the lived experiences of one Black activist. Utilizing critical race theory, new literacy studies and the rhetoric of cultural production as theoretical frameworks, the article foregrounds the work of Ebele, a Toronto activist whose work supported the educational trajectories and emotional well-being of Black students, many of whom reported being marginalized in school. Through his creative labor, Ebele directly addressed the sociology of anti-Black racism that deeply influences the lives of Afrodiasporic people in Canada. This article continues the conversation about what it means to …

Reconstituting The United States: Could An Article V Convention Prevent The Next January 6?, Paul G. Rando

University of Cincinnati Law Review

No abstract provided.

Declaring Dankruptcy: Exploring Avenues To Relief For Debtors Involved With Cannabis, Danny O'Connor

University of Cincinnati Law Review

No abstract provided.

Hiring Criteria And Title Vii: How One Manifestation Of Employer Bias Evades Judicial Scrutiny, Max Londberg

University of Cincinnati Law Review

No abstract provided.

Bittersweet: A Potential Avenue To International Tort Liability For American Companies In The Cocoa Supply Chain, Sara Leonhartsberger

University of Cincinnati Law Review

No abstract provided.

Evaluating The Pro Se Plight: A Comprehensive Review Of Access To Justice Initiatives In Ohio Landlord-Tenant Law, Caleigh M. Harris

University of Cincinnati Law Review

No abstract provided.

Corporate Innovation: One Path To More Sustainable Big Business, David Nows

University of Cincinnati Law Review

No abstract provided.

Revisiting Employment Division V. Smith, Blaine L. Hutchison

University of Cincinnati Law Review

The Supreme Court wrongly decided Employment Division v. Smith. Without briefing or argument over the Free Exercise Clause’s meaning, Smith eliminated the constitutional right to exercise religion and replaced it with an equal protection rule. The decision threatens religious freedom and encourages conflict. The Supreme Court should revisit Smith. This article shows that the majority’s arguments in Smith fail and contradict the Free Exercise Clause’s text, purpose, and original meaning.

The Smith majority gave no sound legal or policy reason for its decision. Indeed, the decision conflicted with settled precedents that no party questioned. Nor did it determine …

Invasions Of Dicamba Particles: Holding States Accountable For Taking Offsite Property Owners' Right To Exclude, Terence J. Centner

University of Cincinnati Law Review

In 2017, special formulations of dicamba herbicides known as over-the-top products were marketed for post-emergent use on genetically engineered soybeans and cotton. The use of these products was accompanied by considerable herbicide drift and volatilization that harmed millions of acres of nearby crops. In 2018, the EPA added requirements to the products’ labels to preclude offsite injuries. However, for each growing season during 2018-2021, unacceptable offsite injuries were reported in the major soybean and cotton producing states. Because they received reported injuries, state agencies issuing new registrations for dicamba products in 2018 and 2020 knew offsite spray drift and volatilization …

Ethnic Economies, Cultural Resources, And The African American Question, Lan Cao

University of Cincinnati Law Review

No abstract provided.

The Affordable Care Act: Moral Hazard, Adverse Selection, Challenges, Alternative Proposals, And Amendments In Health Insurance Law, Paige Ross

Nebraska Law Bulletin (Selected Issues)

A major issue to address with health insurance in any context, including the ACA, is that of moral hazard. Moral hazard refers to the tendency of any insured party to exercise less care to avoid an insured loss than would be exercised if the loss were not insured. It can result from the policyholders having better information about their actual care levels after coverage is purchased. Additionally, moral hazard requires that the insurer cannot perfectly monitor the policyholder’s level of care after the purchase of insurance. Moral hazard is more likely to occur if a behavior does not involve a …

Assessment Practices And Experiences Of Sex Trafficking In Caseloads Of Service Providers Working With High Risk Youth In Indiana, Lisa S. Elwood, Samantha Goodin, Christine Naydenov, Nicole Baldonado, Tamara Weaver, Abigail Kuzma

Midwest Social Sciences Journal

With increased recognition of sex trafficking, calls have been made for greater identification and screening. Lack of awareness and assessment likely contribute to low identification of sex trafficking victims. The present study examined assessment practices, confidence in detecting trafficking, and experiences with DMST survivors in the caseloads of service providers in the past year. Employees at high-risk settings were recruited, resulting in a sample of 76 providers representing 21 agencies. Data revealed that while general risk factors were typically assessed, sex trafficking-specific risk factors and experiences were assessed less often. Approximately 30% of participants indicated they worked with at least …

Rewriting Kendra’S Law: A More Ethical Approach To Mental Health Treatment, James Diven

Pace Law Review

Michelle Go was pushed in front of a subway car by a man suffering from schizophrenia that had fallen through the cracks of New York’s mental health care system. Michelle’s death was imminent because the severely ill man had every right to be on the streets under present law. This note will discuss the problems with New York’s mental hygiene laws that prevent courts from mandating treatment even when treatment is in the state’s best interest.

Michelle’s death is not unique. Historically, New York has struggled to enact effective legislation governing the treatment of mentally ill individuals. As a result, …

Mutually Intelligible Principles?, Andrew J. Ziaja

Pace Law Review

Are the nondelegation, major questions, and political question doctrines mutually intelligible? This article asks whether there is more than superficial resemblance between the nondelegation, major questions, and political question concepts in Wayman v. Southard, 23 U.S. (10 Wheat.) 1 (1825), an early nondelegation case that has become focal in recent nondelegation and major questions scholarship and jurisprudence. I argue that the nondelegation and political question doctrines do interact conceptually in Wayman, though not as current proponents of the nondelegation doctrine on the Supreme Court seem to understand it. The major questions doctrine by contrast conscripts the nondelegation …

Countermajoritarian Criminal Law, Michael L. Smith

Pace Law Review

Criminal law pervades American society, subjecting millions to criminal enforcement, prosecution, and punishment every year. All too often, culpability is a minimal or nonexistent aspect of this phenomenon. Criminal law prohibits a wide range of common behaviors and practices, especially when one considers the various federal, state, and municipal levels of law restricting people’s actions. Recent scholarship has criticized not only the scope and impact of these laws but has also critiqued these laws out to the extent that they fail to live up to supermajoritarian ideals that underlie criminal justice.

This Article adds to and amplifies this criticism by …

What Law Schools Must Change To Train Transactional Lawyers, Stephanie Hunter Mcmahon

Pace Law Review

Not all lawyers litigate, but you would not know that from the first-year curriculum at most law schools. Despite 50% of lawyers working in transactional practices, schools do not incorporate its legal doctrines or skills in the foundational first year. That the Progressives pushed through antitrust laws and the New Dealers founded the modern administrative state reframed how people use the law, particularly in transactional practices, and should be given equal weight as the appellate-based common law in any legal introduction. Nevertheless, the law school model created by Christopher Columbus Langdell in the 1870s remains dominant. As this review of …

Fixing "Litigating The Fix", Steven C. Salop, Jennifer E. Sturiale

Georgetown Law Faculty Publications and Other Works

Merging firms have increasingly been asking trial courts to adjudicate their merger “as remedied” by a voluntary “fix.” These are remedies that have been rejected by (or never proposed to) the agency. This procedure is known as Litigating-the-Fix” (“LTF”). This article proposes a judicial procedure for managing cases in which the merging parties attempt to LTF. Our recommendations flow from a decision theory approach informed by the relevant LTF case law, the merger enforcement record, the language and goals of Section 7, and an economic analysis of the incentives of the parties and agencies created by LTF. Our recommendation addresses …

State Of Utah, Plaintiff / Appellee V. Justin Jessop, Defendant / Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Second Judicial District Court, Weber County, Honorable Michael DiReda, District Court No. 191902276

Natalie Edmundson, Sean Reyes, Counsel for Appellee

Emily Adams, Freyja Johnson, Melissa Jo Townsend, Scott D. Goodwin, Counsel for Appellant

Big Game Forever, Appellant, V. Eric S. Peterson: Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM THE THIRD DISTRICT COURT, SALT LAKE COUNTY, UTAH BEFORE THE HONORABLE KARA PETTIT

D. Loren Washburn (10993) Trinity Jordan (15875) ARMSTRONG TEASDALE LLP

David C. Reymann (8495) Jeffrey J. Hunt (5855) PARR BROWN GEE & LOVELESS,

Big Game Forever, Appellant V. Eric Peterson, Appellees: Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM THE THIRD DISTRICT COURT, SALT LAKE COUNTY, UTAH BEFORE THE HONORABLE KARA PETTIT

D. Loren Washburn (10993) Trinity Jordan (15875) ARMSTRONG TEASDALE LLP

David C. Reymann (8495) Jeffrey J. Hunt (5855) PARR BROWN GEE & LOVELESS

State Of Utah, Plaintiff / Appellee V. Roberto Garcia, Defendant / Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Second Judicial District Court, Weber County, Honorable Joseph Bean, District Court No. 201901238

Jonathan S. Bauer, Sean Reyes, Counsel for Appellee

Emily Adams, Freyja Johnson, Melissa Jo Townsend, Counsel for Appellant