Law Commons^™

Standard Unijny A Praktyka Polskich Sądów W Sprawach Nieuczciwych Praktyk Rynkowych, Małgorzata Miś, Grzegorz Miś

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article analyzes the discrepancies between the consumer protection standard established by Directive 2005/29/EC and the practices of Polish courts in cases concerning unfair commercial practices. The primary goal of the Polish Act on Counteracting Unfair Commercial Practices is to prevent dishonest actions by entrepreneurs, and the proper application of the law is essential for achieving this goal. However, Polish courts face significant challenges in this regard. Several factors contribute to this issue. Firstly, courts fail to recognize the specific nature of consumer cases and that such cases should not be assessed solely through the lens of civil law. Moreover, …

Appeal No. 1033: Pillar Energy, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

No abstract provided.

Appeal No. 1037: Ll&B Headwater Ii, L.P. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Appeal of chief's Order No. 2024-332 Kramer HN FRA West Unit (EAP Ohio, LLC)

Pipelines & Presidential Candidates: The Dynamics Of Women Running For Public Office In Ohio, Irene Jayapandian, Barbara Palmer

ConLawNOW

Over one hundred years ago, Ohio was at the forefront of women’s political participation. In 1872, Victoria Woodhull became the first woman to run for president. In 1922, six women were elected to the Ohio state legislature for the first time, and Florence Allen was elected to the Ohio Supreme Court, making her the first woman to be elected to any state supreme court in the nation. This research looks at where the state stands now in the number of women running for office, their success rates, and the impact of having a woman at the top of the ticket. …

Trace Evidence Vs Memory Evidence: Comparing Evidence Collection Tools, Faith Nielsen, M. Kimberly Maclin

INSPIRE Student Research and Engagement Conference

Memory evidence and forensic evidence are both residual traces of an event. While traditional trace evidence (hair, fiber, blood, fingerprints, etc.) is left behind by a perpetrator, memory evidence resides in a person’s mind, usually that of a victim or witness. Both types of evidence have the possibility of contamination; given that memory evidence cannot be bagged and tagged like other types of forensic evidence, it is especially susceptible to contamination which can undercut its ultimate reliability. In court, jurors often have trouble conceptualizing the complexity of memory or even thinking about it as evidence at all. Drawing similarities between …

Why Top-Two Primaries Can't Be Fixed, Quinn Yeargain

Fordham Law Voting Rights and Democracy Forum

No abstract provided.

Residency Requirements In Initiative Ballot Access: The Limits Of First Amendment Rights And The Fight Against Atlanta's 'Cop City', Ross Levin

Fordham Law Voting Rights and Democracy Forum

When election procedure is challenged, courts must balance First Amendment rights against states’ prerogative to regulate elections. Residency requirements are an election procedure that require petition circulators be a resident of the jurisdiction. Residency restrictions on petition circulators—who collect signatures to achieve ballot access—weigh too heavily against First Amendment rights. In jurisdictions where residency requirements remain in place for initiative ballot access, voters are unconstitutionally shut out of the political process.

In this Article, I examine two cases in which the Supreme Court extended its First Amendment ballot access jurisprudence to ballot initiatives, Meyer v. Grant and Buckley v. American …

Voter Confidence And The World Of Appearances: Where Campaign-Finance And Election-Administration Law Collide, Kishore S. Chundi

Fordham Law Voting Rights and Democracy Forum

Scholarship on election-administration measures (like voter ID laws) and campaign-finance laws has been siloed. American political affiliations, in their current form, dictate that liberals support campaign-finance restrictions and oppose voter ID laws, and vice versa for conservatives. But the Court has analyzed both measures using the similarly odd lens of appearances—the perception of electoral integrity in voter ID cases and the perception of corruption in campaign-finance cases. Yet despite the nearly identical justifications for campaign-finance and election-administration measures, the Court has treated these claims quite differently. Election-administration laws receive nearly automatic deference, whereas campaign-finance laws are routinely overturned. This Article …

The Law Of Disqualification And Problems With The Supreme Court Code Of Conduct, Donald K. Sherman, Marco A. White, Virginia Canter

Fordham Law Voting Rights and Democracy Forum

In this Article, we analyze the federal disqualification statute applicable to federal judges, magistrates, and Justices of the Supreme Court as compared to the disqualification provisions of the United States Supreme Court Code of Conduct and detail the ways in which the standards contained within the Code are contrary to law and history. To provide proper context, we examine the history, case law, and statutory framework that have created the current standards of judicial disqualification for all Article III judges and Justices. We demonstrate that the Court is bound to apply disqualification procedures in accordance with the United States Constitution, …

Amending Regulation D’S Accredited-Investor Definition To Allow Natural Persons To Opt Out Of Unwanted Regulatory Protections, John Orcutt

Law Faculty Scholarship

Everyone can invest in the heavily regulated registered (or public) securities market, but the more lightly regulated unregistered securities markets are more restricted. The most important unregistered securities market for capital-raising purposes is Rule 506 of Regulation D, which has grown to become the United States’ largest capital-raising market. Far more capital is raised each year in Rule 506 offerings than registered offerings, and the Rule 506 market is where many of the country’s highest-growth (and highest-return) entrepreneurial companies sell their securities. But most Americans are excluded from investing in the Rule 506 market because it is fundamentally restricted to …

Creating Meaningful Proportionality Review: Expanding The Universe Of Cases For Nebraska’S Capital Punishment Scheme, Kyle Jedlicka

Nebraska Law Bulletin (Selected Issues)

Analyzes the Nebraska Supreme Court’s proportionality review to show why Nebraska should expand its universe of “same or similar” cases to include all first-degree murder convictions. Discusses the federal case law relating to the death penalty and how Nebraska statutes responded. Considers how various states reacted to the Court’s decision in Pulley v. Harris. Offers a new perspective on Nebraska’s proportionality review for death sentences to show why a more expansive universe of cases will allow Nebraska to achieve true proportionality in its death penalty scheme.

Vol. 68, No. 12 (April 7, 2025)

Indiana Law Annotated

No abstract provided.

Laboratory Corporation Of America Holdings V. Davis: Brief Of Civil Procedure And Complex Litigation Law Professors As Amici Curiae In Support Of Respondents, Maureen Carroll

Appellate Briefs

Amici are law professors with expertise in the Federal Rules of Civil Procedure, including the requirements for class certification under Rule 23(b)(3). Together, we share an interest in ensuring that the Federal Rules of Civil Procedure are construed “to secure the just, speedy and inexpensive determination of every action and proceeding.” Fed. R. Civ. P. 1.