Law Commons^™

The Pursuit Of Municipal Sovereignty: How The Ohio Legislature Is Attempting To Violate The Right To Local Self-Governance, Cole Sundermann

Cleveland State Law Review

This Note examines the Ohio Legislature’s recent efforts to undermine the constitutional right to local self-governance guaranteed by the Ohio’s home rule amendment within the Ohio Constitution. By focusing on Senate Bills 91, 137, and 158, it analyzes the legislative initiatives aimed at preempting municipal powers to implement participatory budgeting and ranked-choice voting systems. These bills exemplify a broader trend of the Legislature’s attempt at eroding municipal autonomy in Ohio, cutting against the principles of local sovereignty established by the 1912 Constitutional Convention. The Note argues that such preemption efforts violate the core right to self-governance as interpreted by the …

Refugee Law Lab Consultation Report On Bill C-2, Sean Rehaag, Petra Molnar, Simon Wallace

Commissioned Reports, Studies and Public Policy Documents

This Report documents consultations undertaken by the Refugee Law Lab (RLL) with refugee advocacy communities in response to proposed legislation, Bill C-2, the Strong Borders Act. The report: a) Provides an overview of Bill C-2, highlighting its impacts on immigration and refugee law b) Outlines critiques of Bill C-2 made by advocacy and human rights organizations c) Describes the RLL, its consultation objectives, and methodologies d) Presents key themes from the RLL's consultations e) Proposes an action plan for the RLL and recommendations for other university-based researchers.

Masthead, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Table Of Contents, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

You Better Werk: The Viability Of A Labor Union For The Cast Of Rupaul’S Drag Race, Brandon Stump

Cleveland State Law Review

Reality television cast members are poorly compensated, working under tremendously restrictive and controlling contracts. While actors and writers who are members of the Screen Actors Guild of America and the Screen Writers Guild of America have collectively bargained with studios for better wages, terms, and conditions of employment, contestants on reality television series have gone it alone – auditioning for a series and having no choice other than to accept the contract provided by the studios. In December 2024, at the end of the Biden administration, the National Labor Relations Board (NLRB) filed a complaint on behalf of the reality …

Responding To Police Perjury, David R. Katner

Cleveland State Law Review

The way in which defense lawyers phrase their challenges in criminal proceedings where police witnesses are thought to have committed perjury might place decisionmakers in the awkward position of unintentionally or intentionally coming to the aid of the witnesses who are unable to defend themselves during closing arguments. This article proposes a shift in the paradigm of how defense counsel characterize and handle testimony that seems untruthful, without having to engage in tactics that intend to be disrespectful to all police officers, let alone to the witnesses in the trial. Creating a continuum from absolute truthfulness to absolute untruthfulness and …

Sterilized Speech: The U.S. Impacts Of E.U. Digital Service Rules, Jelena Laketić

Cleveland State Law Review

In recent decades, online platforms have transformed how people communicate and interact. Speech on platforms has enabled commerce, driven political processes, facilitated revolution, and built communities. Distinguishing between beneficial and harmful content, however, has grown increasingly difficult. Beginning with the new legal framework for the illegal distribution of copyrighted works and the dissemination of audiovisual and terrorist content, the E.U. has taken the global lead and change in regulating online speech. The culmination of this approach has been the recent adoption of the Digital Services Act (DSA), which promises to revolutionize online platforms’ liability. This Article argues that the new …

Making Criminal Penalties Collar-Blind On The Federal Level, Claire Osborn-Wright

Cleveland State Law Review

This paper is intended to be the first in a series of papers that addresses whether lower income individuals suffer all of the following at much higher rates than their percentage of the population would suggest should be the case: (1) police stops for questioning; (2) arrests; (3) prosecutions; (4) convictions; and (5) lengthy post-conviction incarcerations. In particular, this first paper addresses the question of whether prison sentences imposed for “blue-collar crimes” are significantly longer than prison sentences imposed for “white-collar crimes.” In general, “blue-collar crimes” refer to crimes that are committed by individuals who possess blue-collar professions and “white-collar …

One Nation Under Guard, Everett T. Glynn

Master's Theses

The rise of segments of the labor force devoted to functions other than production has received increased scholarly attention, particularly pertaining to the robust deployment of the police and criminal justice apparat in the neoliberal era. Critical perspectives align the rise of the securitization of society with political and economic transitions that occur within the contexts of changes to social inequality and crackdowns on social movements beginning in the 1970s. In a theoretical construction of the emerging concept of guard labor, this thesis finds that robust societal deployments of a form of functional labor used to entrench social inequality has …

Safeguarding Intellectual Property: A Strategic Imperative For Organizations, Alan Saquella

Publications

Intellectual property (IP) is more than a legal concept — it is the foundation of innovation and the engine that drives growth, differentiation, and long-term success. From proprietary algorithms to product designs, trade secrets, and customer data, IP represents the most valuable asset many organizations possess. When compromised, the damage can be severe — manifesting in lost revenue, competitive disadvantage, reputational harm, and in some cases, the collapse of entire business lines.

Ai Regulation: Competition, Arbitrage & Regulatory Capture, Filippo Lancieri, Laura Edelson, Stefan Bechtold

Georgetown Law Faculty Publications and Other Works

The commercial launch of ChatGPT in November 2022 and the fast development of large language models have catapulted the regulation of artificial intelligence to the forefront of policy debates. A vast body of scholarship, white papers, and other policy analyses followed, outlining ideal regulatory regimes for AI. The European Union and other jurisdictions have moved forward by regulating AI and LLMs. One overlooked area is the political economy of these regulatory initiatives—or how countries and companies can behave strategically and use different regulatory levers to protect their interests in the international competition on how to regulate AI.

This Article helps …

Another Step In The Anti-Abortion Agenda, Aziza Ahmed

Shorter Faculty Works

Trump’s recently passed “One Big, Beautiful Bill” bars Medicaid reimbursements to Planned Parenthood for one year – a provision now temporarily blocked after Planned Parenthood filed suit. But the measure builds on, and must be read against, the backdrop of Medina v. Planned Parenthood, a recent and disastrous Supreme Court ruling initiated by South Carolina and now poised to inspire copycat efforts in other states. The case starkly illustrates the Court’s continued alignment with an anti-abortion agenda advanced through state governments. As Justice Jackson forcefully argued, the decision forms part of a broader assault on civil rights – and …

Motions To Amend: Have The Changes Made By The Uspto’S Pilot Program Resulted In More Favorable Outcomes For Patent Owners?, Matthew Johnson, Daniel C. Sloan, Adam J. Cook

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Molly M. Patrick V. W. Roger Miers, Order On Motion To Dismiss, John J. Goger

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

In Lieu Of The Nlra, Gali Racabi

Cornell Law Faculty Working Papers

The National Labor Relations Act (NLRA) deteriorates from constitutional attacks and political sabotage. As labor law buckles, its preemption regime, a keystone of U.S. labor governance, has become unsustainable. This Article argues that labor law must flip its federal default by empowering and expanding state-level labor institutions and expanding gaps in NLRA preemption doctrine. Eighteen states already maintain NLRA-like statutory frameworks, and fourteen more recognize workers’ rights to unionize and act collectively as a state public policy. These under-examined laws hint at an alternative labor governance model in lieu of the NLRA.

Building on emerging preemption challenges, weaknesses in federal …

Publicity Rights Metamorphosis: From The Right To Evoke To The Ultimate Evoked Rights, Mira Moldawer

Chicago-Kent Journal of Intellectual Property

No abstract provided.

It’S Not Albright In Texas: How Ptab Expertise Can Illuminate Patent Litigation In Texas, Kaitlyn Mires

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Intellectual Property Inequality Alleviation, Daniel Benoliel

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Practical Considerations In View Of The Federal Circuit’S Restrictive View Of Collateral Estoppel In Kroy Ip, Timothy Maloney, Alvaro Cure Dominguez

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Salvage Operation: A Guide To Recovering Claims After An Adverse Ipr Final Written Decision, Thomas J. Scott Jr., Timothy D. Dorney

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Online Child Sexual Grooming: Understanding The Origins And Problems Within The Criminal Justice System, Tara Kristich

Doctoral Dissertations and Projects

Grooming children for sexual abuse is complex and challenging to understand because it is constantly evolving due to technology. Prior to the eruption of social media and internet platforms, predators typically had to be in a position to gain access to children or be close to a family with children to sexually groom, abuse, and exploit children. Technology has enabled predators to have instant access to children through chat applications and various internet platforms globally. This qualitative study explored the current platforms that impact child sexual victimization, the impact on victims' mental health, and the laws pertaining to online child …

Rethinking Ohio Mandated Reporting For Child Neglect, Stephanie L. Ash

Et Cetera

This article briefly outlines the history and harm of family separation, reviews applicable federal and Ohio laws concerning child neglect and screening guidelines for investigation, and examines the social justice implications of rethinking mandated reporting requirements and implementing alternatives to protect children from systemic oppression and violence from the family policing system.

“The Biggest Problem With You…”: Racial Profiling And Canada’S Program Of Extra-Territorial Migrant Interdiction, Simon Wallace, Benjamin Perryman, Gábor Lukács, Sean Rehaag

Osgoode Hall Law Journal

In 2019, two Roma-Hungarian travellers were prevented from boarding their flight to Canada. Even though their documents were in order and their travel was legitimate, they were singled out for examination and extra scrutiny. This article—relying on new evidence produced in a series of legal proceedings—shows how Canada has implemented a de facto system of racial profiling in airports overseas. This program was not built overnight, but produced by a series of historical accretions, all organized around the idea that potential refugees can be detected by their race. This article shows how Canada, to deter asylum seekers, has conscripted private …

Wading In Alligator Infested Waters: An Analysis Of Indemnification Provisions In College Athletic Coaching Employment Agreements, Mark T. Wilhelm, Danielle A. Clifford

Texas A&M Law Review

College athletic coaches have always been under pressure from countless sources, whether that is recruiting new student-athletes, managing booster relations, or simply trying to win games. But recent rule changes that permit student-athletes to profit on their name, image, and likeness rights have brought to the forefront additional pressures on coaches as there are now questions about whether, and to what extent, coaches have personal liability for their acts or omissions in their roles as coaches and in capacities adjacent to their coaching roles. This Article uses as a case study a lawsuit brought against college football coach Billy Napier …

Collaborative Class Zine: Weekly Reflection Assignment With Powerpoint Template, Brett Whysel

Open Educational Resources

Abstract

This collaborative class zine assignment uses a shared PowerPoint format to deepen student learning while building community. Students contribute visual reflections (graphics, diagrams, quotes, or doodles) weekly or periodically throughout the semester. Faculty provide reflection prompts about key takeaways and unclear concepts (sample prompts included). The resource includes both sample LMS instructions and a ready-to-use PowerPoint zine template that works across all disciplines. By combining metacognitive reflection with creative expression, students consolidate learning by finding new connections and applications. The collaborative format creates community connections and joy while students learn from peers' diverse perspectives.

Sentencing Vulnerability: Conceptualizing The Incorporation Of Personal Characteristics And Experiences At Sentencing, Adelina Iftene

Osgoode Hall Law Journal

Social inequalities that lead to criminal conduct are often not considered in sentencing; individuals subject to structural inequities receive the same formal sentence as those convicted of like crimes irrespective of the latter’s social advantage. Individual characteristics may also affect how a sentence will be experienced by an individual. While Characteristics and Experience-Sensitive Sentencing (CESS) already exists in various forms and to various degrees in sentencing theory and praxis, a more cohesive, comprehensive, and principled CESS remains wanting. Building on existing approaches, this article locates CESS as a necessary response to equality-based concerns arising from current mainstream sentencing practice. Thus, …

Studying Religious Symbols And Bias In Court Proceedings, Nicholas A.R. Fraser, Colton Fehr

Osgoode Hall Law Journal

MOCK JURY STUDIES INVESTIGATING the impact of religious symbols on jurors have produced conflicting findings, raising questions about how religious bias should be studied in judicial settings. Our study adds to the literature in three ways. First, we develop a clear theoretical framework which identifies dispositional and situational triggers allowing researchers to more precisely define and measure religiously motivated bias. Second, we show that mock jury experiments with video-based treatments simulating audio-visual cues are more likely to produce reliable findings relative to text-based studies. Third, we present the first empirical evidence of how mock jurors react to courtroom oaths. Our …

Does Lady Justice Need A Sword? Indictment: The Criminal Justice System On Trial By Benjamin Perrin, Noel Semple

Osgoode Hall Law Journal

LADY JUSTICE CAN OFTEN BE FOUND, in statue form, in or near courthouses. This symbol of the Western justice system is blindfolded to show neutrality. She carries a scale to weigh facts and arguments fairly. Sometimes, she also holds an olive leaf to symbolize mercy and healing. A sword is the other accessory that Lady Justice invariably carries. The sword is a ubiquitous part of this symbol because most people believe that justice in general, and criminal justice in particular, necessarily involves inflicting pain upon wrongdoers.

Front Matter

Osgoode Hall Law Journal

Volume 61, Number 3

Recognizing The Charter Value Of Employee Freedom Of Association At Common Law, Kevin Banks

Osgoode Hall Law Journal

This article systematically explores, for the first time in the published literature, how the development of the common law of employment could advance in light of the Charter values doctrine, focusing on freedom of association. It contends that courts must scrutinize the common law’s impairments of that freedom, and unless they are necessary to similarly important common law values, eliminate them where it is possible to do so within courts’ powers to incrementally change it. A number of such paths are open. If asked to do so, courts probably can and should provide Canadians with a common law of employment …