Law Commons^™

Innovation Challenges In The Air Force Sbir Program: From The Small Businesses' Perspective, Hart J. Holt, Amy M. Cox, Scott Drylie, David S. Long, Alfred E. Thal Jr., Robert D. Fass

Faculty Publications

Every year the United States invests $3.2 billion in the Small Business Innovation Research (SBIR) program to promote innovation among the nation’s small businesses. Half of this investment is from the DoD. This research considers the challenges faced by small businesses innovating with the DoD, particularly those awarded SBIR contracts with the United States Air Force. The authors surveyed 286 unique small businesses that were previously awarded an Air Force SBIR contract. By asking the survey respondents open-ended questions and categorizing their responses, they pinpoint unaddressed challenges from the small business perspective. By categorizing survey responses through Qualitative Content Analysis, …

Finding The Thinkable Thoughts, Beth H. Wilensky

Reviews

When John B. West developed his legal classification system in the 1880s, he likely didn’t anticipate that his system of indexing the law would persist into the twenty-first century. But persist it has, and flourished, most prominently in the form of Westlaw’s headnote and key number system. West’s index built on several precursors, but it was his version, West’s American Digest, that established the foundations of the classification system that most modern legal researchers use today, in one form or another.

This history—of the late-nineteenth-century fascination with indexing—and much more is told in charming detail in Dennis Duncan’s Index, A …

Illinois’S Home District Illusion, Joe Lehman

Northern Illinois University Law Review

The current constitution of the State of Illinois creates a single appellate court. This structure lends itself to the conclusion that the decisions of one district of the appellate court bind all lower courts equally. While this is often the case, a judicially created exception exists when a conflict arises between different districts. When such a conflict arises, circuit courts must adhere to the decision (if one exists) from their “home district” (i.e., the district in which the circuit court sits). This Note argues that this rule is incompatible with the Illinois Constitution. Section I introduces the home district illusion …

Expanding Mental Health Courts In Illinois: How The Illinois Mental Health Court Treatment Act Is Not As Inclusive As It May Appear, Amelia O'Neal

Northern Illinois University Law Review

Far too many people in the criminal justice system also face mental illness. The Illinois Mental Health Court Treatment Act was passed in 2009 to help defendants who were facing mental health problems. It provides an alternative adjudication process. Many people who have committed crimes and are facing mental illness need help in ways that the typical criminal justice system cannot provide. Mental health courts can help people in these scenarios by providing alternative sentencing, less punitive sanctions, treatment programs, and many other benefits. Mental health courts provide an option that many people were not privy to until the early …

Fira: Deciphering The Constitutionality Of Illinois’S Approach To Gun Industry Accountability, Hashem El-Sharif

Northern Illinois University Law Review

After a deep sense of discontent with the barrage of lawsuits lobbed at the firearms industry for the criminal misuse of its products, Congress passed the Protection of Lawful Commerce in Arms Act (PLCAA) in 2005. Since its passage, the PLCAA has served as a highly effective shield, generally protecting the gun industry from civil liability for the unlawful misuse of its firearms. The PLCAA, however, does outline some exceptions allowing certain gun manufacturers in certain situations to be sued. In 2023, Illinois Governor JB Pritzker signed the Firearm Industry Responsibility Act (FIRA) into law. FIRA seeks to hold the …

The Israel-Hamas Conflict: International Law, Accountability, And Challenges In Modern Warfare, Mara R. Revkin

Judicature International

No abstract provided.

Class Of 2027 Incoming Il Law Students, St. Mary's University School Of Law, St. Mary's University School Of Law

Incoming 1L Photos (Facebooks)

No abstract provided.

Abolish The Mpre, Michael Ariens

St. Mary's Journal on Legal Malpractice & Ethics

In nearly every jurisdiction, applicants to the bar must pass the Multistate Professional Responsibility Examination (MPRE). Its purpose, according to its owner, the National Conference of Bar Examiners (NCBE), is “to measure candidates’ knowledge and understanding of established standards related to the professional conduct of lawyers.” It does test whether an examinee has kept in short-term memory the rules and exceptions that make up part of the understanding of what it means to serve as a lawyer. However, success (or initial failure) on the MPRE has not been correlated with ethical conduct or misconduct. For example, the Texas Board of …

Legal Malpractice In Florida: A Statistical Profile, Robert M. Jarvis, Debra Moss Vollweiler

St. Mary's Journal on Legal Malpractice & Ethics

Little empirical research exists about the incidence of legal malpractice. To help fill the gap, the authors spent 1,000 hours mining the Florida Office of Insurance Regulation’s legal malpractice database, a rich but underutilized resource. As their results make clear, every lawyer—no matter their gender, education, location, experience, or type of practice—is at risk of being sued for legal malpractice.

Self-Discipline, Faith, And Civility: Promoting A Civil Society And Lawyer Professionalism, Honorable Douglas S. Lang

St. Mary's Journal on Legal Malpractice & Ethics

All lawyers are bound to assiduously adhere to the Law, including the strictures of legal ethics, professionalism, and all secular law. Moreover, lawyers of faith must adhere to the tenants of their faith as a way of life. The principles of those two sets of imperatives are not only compatible, they are inextricably intertwined. Together, they compel lawyers to treat others civilly and with respect and dignity. This paper demonstrates that lawyers, particularly Catholic lawyers, must unselfishly and civilly live their lives in a way to combat the scourge of incivility in the legal profession and in society. All …

Restoring The Public’S Faith: Character Education And The Supreme Court, Benjamin Rigney

St. Mary's Journal on Legal Malpractice & Ethics

The current news cycle is full of reports on the alleged ethical scandals rocking the Supreme Court. A significant result of these ethical failures is rapidly declining public trust in the Supreme Court as an institution, which in turn negatively impacts the public’s trust in the entire legal system. The role of judicial ethics is fundamental to the American legal system as illustrated in Charles Geyh’s article, The Architecture of Judicial Ethics, published in the University of Pennsylvania Law Review, and Amanda Frost’s article, Judicial Ethics and Supreme Court Exceptionalism, published in the Georgetown Journal of Legal …

The Impact The Monetary Value Of A Case Has On Effort And Productivity Within The Field Of Personal Injury, Maximiliano Elizondo

St. Mary's Journal on Legal Malpractice & Ethics

No abstract provided.

Equality, Morality, & Religious Liberty, Mitchell F. Crusto

SMU Law Review Forum

On June 29, 2023, the Supreme Court ruled that the use of a specific race-conscious “tool” in the admission decisions of public and private colleges to achieve diversity is unconstitutional. However, in his nuanced opinion, Chief Justice John Roberts seemed to renew the Court’s commitment to the anti-discrimination vision of the Civil Rights Act of 1964 and its progeny. Furthermore, the Court’s decision provided the possibility of an exception for its stated restriction, that is, for military service academies. Nonetheless, the Court’s ban on a race-conscious tool is expected to have a substantial, negative effect on the application and enrollment …

The Liv Golf V. Pga Tour Antitrust Case As A Case Study In Federal Civil Procedure, Michael J. Dube

Dickinson Law Review (2017-Present)

This Article uses LIV Golf Inc. v. PGA Tour, Inc., a sophisticated and headline-grabbing antitrust matter, as a means of instantiating federal civil procedure concepts. The first Part of this Article addresses the unsuccessful motion for a temporary restraining order that in many ways shaped how the litigation proceeded. The second Part examines the dance that is discovery through a focus on a drawn-out dispute regarding a single interrogatory. The final Part drills down on a more novel discovery dispute that began the path towards settlement, namely whether the Foreign Sovereign Immunities Act of 1976 and related common-law doctrine …

Want To Solve Labor Shortages? Relaxing The Child Labor Law Is Not The Answer, Yi Wu

Dickinson Law Review (2017-Present)

Recently, the United States has been engaged in a nationwide debate over loosening regulations regarding children’s employment. The Fair Labor Standards Act (FLSA) sets restrictions on the working hours of children under 16 and prohibits their employment in certain hazardous positions. However, some states, such as Iowa, Ohio, Arkansas, and Wisconsin, have either passed or are considering legislation allowing children to work longer hours or in potentially dangerous conditions in response to labor shortages. These new state laws conflict with existing federal regulations. This Comment discusses why states should refrain from relaxing their child labor laws to permit children to …

Back To The Future: Revisiting State Constitutions To Protect Against New Technological Intrusions, Matthew Radford

Washington and Lee Law Review

The Fourth Amendment is crucial for protecting Americans from government intrusion. However, new technologies such as pole cameras, reverse keyword searches, and geofence searches provide new ways for governments to gather information about individuals. As these new technologies develop, the Fourth Amendment has struggled to advance alongside this new technology.

Thankfully, the Fourth Amendment is not the only protection Americans have from government intrusion. Every single state has its own state constitution and analog to the Federal Fourth Amendment. In fact, some states had their own analog amendments even before the adoption of the Federal Fourth Amendment. While oftentimes the …

Case Global: Faculty And Students Making A Global Impact In Extraordinary Times, Case Western Reserve University School Of Law, The Frederick K. Cox International Law Center

Case Global Newsletter

Vol. 16, No. 1 (2024)

• CWRU International Law student leader selected  as National Jurist Law Student of the Year
• CWRU Among the Best
• Three Decades of Global Impact
• Case Western Reserve Journal of International Law Tackles Global Climate Change
• The only Law School with a Foreign Policy Radio Program
• International Law Moot Court Powerhouse
• Celebrating the 75th Anniversary of the Universal Declaration and CWRU’s historic contributions to human rights
• CWRU law students develop Holocaust Memorial curriculum
• Yemen Accountability Project publishes fifth White Paper
• Financial Integrity Institute Expands
• Immigration Law program marks an extraordinary year
• International internships
• Capstone Placements take Students …

In Brief, Case Western Reserve University School Of Law

In Brief

Table of Contents

• To preserve, protect and expand
• Road to victory
• Welcoming a legal luminary
• Scholarly Impacts and Recognitions
• Pro bono pathways
• Society of Benchers
• Alumni Committees
• Class Notes
• In Memoriam
• Honor Roll of Donors

Kebijakan Transmigrasi Dalam Kerangka Kesejahteraan Sosial Dan Ketahanan Nasional Di Provinsi Lampung, Heru Susetyo, Satrio Febriyanto, Tien Tis’Aini Latifah, Deden Ardiansyah, Feymi Angelina, Ibrahim Ghifar Hamadi, Najma Izzatul Haq, Nurroby Fatih

Jurnal Ilmu Kesejahteraan Sosial

Transmigration in Lampung Province is part of Indonesia's national transmigration program, which aims to equalize development and reduce the population density of densely populated islands such as Java. Transmigration in Lampung began in 1905 with a colonial approach by the Dutch and continued during the Old Order New Order and began to decline after the 1998 reformation. The challenges of transmigration in Lampung include social and economic problems, integration of immigrants with local communities, and environmental impacts; the next challenge is the availability of health and welfare infrastructure and sustainable development. This study examines the dynamics of transmigration in Lampung …

Negara Hukum Kesejahteraan Di Batas Pantai: Paradoks Perlindungan Negara Terhadap Masyarakat Pesisir Di Tengah Perubahan Iklim, Aji Baskoro

Jurnal Ilmu Kesejahteraan Sosial

Climate change poses significant challenges to vulnerable coastal communities in Indonesia. As a welfare state, the Indonesian government is expected to safeguard these vulnerable groups through policies that promote their welfare and sustainable livelihoods. However, current policies create a paradox. This article explores this paradox: on the one hand, Indonesia adheres to the welfare state principle, which demands that all government actions be grounded in law, ensuring public safety and welfare. On the other hand, the policies focus on exploiting natural resources, exacerbating the vulnerabilities of coastal communities, particularly in the face of climate change. The article employs a normative …

Painting A Clearer Picture: Introducing New Federal Rule Of Evidence 107 Regulating Illustrative Aids, Daniel J. Capra, Liesa L. Richter

Vanderbilt Law Review

They say a picture is worth a thousand words—and charts, drawings, diagrams, computer animations, and even tangible items are utilized at trial in virtually every case tried in the federal and state court systems. Litigants have come to depend heavily upon such aids to engage visual learners in the jury box and to present a compelling narrative. And the creative use of trial aids has only increased with the rapid technological advancements of recent decades. The ubiquity of such aids notwithstanding, there is no written standard governing their use, no agreed-upon lexicon for describing them, and no set of uniform …

Voluntary Regulation, Luis Inaraja Vera

Law Faculty Scholarship

Regulation is ubiquitous in the modern administrative state, profoundly impacting areas as diverse as antitrust, environmental protection, road safety, and telecommunications. Most often, the term regulation is associated with a set of rules that administrative agencies enforce by imposing penalties or other sanctions, an approach scholars and policymakers refer to as mandatory regulation. In recent times, however, voluntary regulation—that is, government initiatives guiding people’s and firms’ behaviors by resorting to persuasion rather than mandates—has gained significant traction. Federal statutes authorizing billions of dollars in spending, such as the Inflation Reduction Act and the Farm Bill, rely heavily on this form …

Shocking Sentences, John B. Meixner Jr.

Scholarly Works

Harsh recidivist sentencing penalties, like three-strikes laws, have been criticized heavily among both academics and practitioners on a number of different grounds. Most arguments focus on how sentences arising from these penalties are disproportionate—that there is no sensible relationship between the wrong committed and the sentence imposed. Those critiques are valid, but there’s another important problem with recidivist sentencing penalties that has been overlooked: they lead to sentences that are totally unexpected—indeed, shocking—to the defendants who face them. Many recidivist sentencing penalties cause large leaps in sentencing exposure that amount to exponential growth when compared with a defendant’s prior sentences. …

Defamation Or Impersonation? Working Towards A Legislative Remedy For Deepfake Election Misinformation, John Thayer

William & Mary Law Review

This Note explores how election deepfakes fit into the broader frameworks of defamation and impersonation law and posits that Congress and the judiciary may remedy the threat by borrowing from both areas of law. It builds on existing scholarship that has addressed the issue of deepfakes in both the electoral context as well as the general context. Furthermore, it expands upon scholars’ prior identification of these areas of law as potential avenues for regulating election deepfakes.11 It posits that solutions to election deepfakes offered by Professors Rebecca Green and Rick Hasen could go even further while still surviving constitutional scrutiny, …

The Implications Of Section 230 For Black Communities, Spencer Overton, Catherine Powell

William & Mary Law Review

Section 230 of the Communications Decency Act generally immunizes online platforms such as Facebook, YouTube, Amazon, and Uber from liability for third-party user content (for example, posts, comments, and videos) and for moderation of that content. This Article addresses an important issue overlooked by both defenders and critics of Section 230: the implications of the law and proposed reforms for Black communities in particular. By relieving tech platforms of most legal liability for third-party content, Section 230 helps facilitate Black social activism, entrepreneurship, and artistic creativity. Section 230 also relieves platforms of most legal liability for content moderation, which boosts …

A Rule Without A Reason: Determining The Capacity For Negligence Of A Person With Mental Illness, Alex Geisinger, David Dematteo, Kellie Wiltsie, Chelsea Jackson

William & Mary Law Review

Since the pandemic, the impacts of structural bias on racial minorities and other groups have become an even more compelling concern for legal commentators. One group that has received some attention in the effort to confront bias is the mentally ill. This attention has coincided with a rise in the willingness of individuals to talk about, and destigmatize, mental health issues in society. Yet, despite these efforts, along with a long and well-established body of scholarship that criticizes its treatment of mental illness, the civil law—particularly the law of tort—continues its entrenched refusal to consider mental illness when determining the …

Legal Considerations For Atmospheric Methane Removal, Korey Silverman-Roati, Romany M. Webb

Sabin Center for Climate Change Law

Scientists are beginning to investigate atmospheric methane removal approaches, which would accelerate the conversion of methane to a less radiatively potent form or physically remove methane from the atmosphere and store it elsewhere. Developing and, if appropriate, deploying atmospheric methane removal approaches will require an understanding of relevant legal considerations and governing structures that could impact whether, when, where, and how specific projects take place. This paper examines the treatment of atmospheric methane removal approaches under international and U.S. domestic law. The paper focuses on five atmospheric methane removal approaches that are currently being investigated: (1) atmospheric oxidation enhancement, (2) …

A New Era Of Deference: From Chevron To Loper Bright, Daniel E. Walters

Faculty Scholarship

Deference to administrative agencies’ interpretations of ambiguous statutory provisions has been a hallmark of administrative law and regulatory policy for the past forty years. The Supreme Court recently upended that settled allocation of power between agencies and courts, granting interpretive primacy to courts even where statutes essentially require policy choices. However, questions remain about precisely how courts will exercise this policymaking authority that agencies used to exercise, as well as about the multiple “offramps” from this nondeferential standard that the Court left open. Rather than a new era of nondeference, it is just as likely we are embarking on a …

Standing At The Crossroads: An Analysis Of The Circuit Split Over Ada Tester Standing, Jennifer Tedisco

Cardozo Journal of Equal Rights & Social Justice

This Article analyzes the circuit split concerning whether self-appointed testers without intent to travel or book a reservation have Article III standing to sue hotels forfailing to disclose accessibility information on their websites in violation of an Americans with Disabilities Act ("ADA") regulation. This Article ultimately argues that these testers should have standing under an informational injury and/or stigmatic injury rationale. However, negative perceptions ofADA testers coupled with the Supreme Court's recent standing decisions haveput the private enforcement of the ADA and other disability rights statutes in jeopardy. In hopes ofpreserving the ability oftesters to bring suit against hotels and …

How An Mda Policy Becomes State Law, Daniel Miller Dds, Tom Steinbis

The Journal of the Michigan Dental Association

The MDA Committee on Government and Insurance Affairs is addressing concerns raised by dentists regarding the use of virtual credit cards (VCCs) by insurance companies, which have led to financial challenges such as transaction fees and delayed payments. The MDA has initiated a structured legislative process to resolve the issue, involving data collection, policy review, and drafting a bill in collaboration with legal experts and insurance companies. The legislation, introduced by Rep. Sharon MacDonell, aims to ensure that dental practitioners have alternative payment options that guarantee full reimbursement. The MDA continues to advocate for the bill through the legislative process, …