Law Commons^™

Viability Of Ohio Domestic Asset Protection Trusts: A Review Ofthe Proposed Ohio Legacy Trust Act, Brandon Beck

Ohio Northern University Law Review

No abstract provided.

Scott Douglas Gerber’S A Distinct Judicial Power: The Origins Ofan Independent Judiciary, 1606-1787(Oxford University Press, 2011), Charles A. Kromkowski

Ohio Northern University Law Review

No abstract provided.

Debiasing Statutory Interpretation, Alexander I. Platt

Ohio Northern University Law Review

No abstract provided.

Is Green Tree V. Randolph Still Good Law?How The Supreme Court’S Emphasis On Contract Language Inarbitration Clauses Will Impact The Use Of Public Policy To Allowparties To Vindicate Their Rights, Andrea Doneff

Ohio Northern University Law Review

No abstract provided.

Two And A Half Ethical Theories: Re-Examining The Foundationsof The Carnegie Report, Mark F. Kightlinger

Ohio Northern University Law Review

No abstract provided.

Creating A Common Market For Wine:Boutique Wines, Direct Shipment, And State Alcohol Regulation, William C. Green

Ohio Northern University Law Review

No abstract provided.

Where The Rubber Meets The Road: A View Of The Tax Systemfrom A Tax Administrator’S Perspective, Heather C. Maloy

Ohio Northern University Law Review

No abstract provided.

Carachuri-Rosendo V. Holder130 S. Ct. 2577 (2010), Phoebe J. Stroede

Ohio Northern University Law Review

No abstract provided.

Perdue V. Kenny A.130 S. Ct. 1662 (2010), Laura Leister

Ohio Northern University Law Review

No abstract provided.

Conkright V. Frommert130 S. Ct. 1640 (2010), Marianella Medelius

Ohio Northern University Law Review

No abstract provided.

Rebranding Batman, Alice Preminger

Chicago-Kent Journal of Intellectual Property

While one could reasonably characterize fan fiction as "socially contro- versial,” with some lauding the practice as a creative outlet and others meeting it with sneers, legally speaking, its position is undeniably precarious. Fan con- tent, including fan fiction and fan films, lives in the liminal space between cop- yright infringement and fair use. Fan creators argue their works are motivated by a desire to connect with beloved copyrighted expressive works—frequently popular media franchises—and are intended only for enjoyment by themselves and very small fan communities. Copyright owners find the practice of creating fan work far less innocuous, claiming the …

Never Tell Me The Odds: How To Avoid Infringement When Alluding To Copyrighted Works In Branding, Paul M. Matenaer

Chicago-Kent Journal of Intellectual Property

Alluding to copyrighted works in branding is common, especially among small businesses that tend to fly under the radar of the large corporations which own those copyrights. The craft beer industry, for example, is fond of such allusions, incorporating references to movies, comic books, and video games in product names and beer labels. Whether to pay homage to the creative genius found in those copyrighted works or to cash in on popular enthusiasm for them, brand allusions to copyrighted works are common. However, such homages to copyrighted works can be as dangerous as flying into an asteroid field because they …

Cardozo Law News Brief: February 10, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Kate Shaw
• Matthew Wansley
• Dmytro Vovk

Campus News:

• Director of Student Life Francesca Acocella ’16 Publishes “Understanding Mental Health Needs of Law Students Post-Pandemic” in AALS Magazine

Events:

• The 2023 Cardozo-Columbia Colloquium on Sovereignty, the Rule of Law and Fundamental Rights in an Era of National and International Turmoil
• Benin Bronzes: Restitution and Reparation
• Gloria Steinem To Receive 22nd International Advocate for Peace Award

Against Progress: Intellectual Property And Fundamental Values In The Internet Age

Stanley H. Mervis Lecture

No abstract provided.

Global Security: Russia, Ukraine, And What Comes Next, Kateryna Koval, Ekaterina Kravchenko (Editor)

Graduate Research Conference (GSIS)

February 24, 2022, changed the lives of all Ukrainians. People throughout the country woke up to the sounds of bombings in the cities, and all soon knew that the full-scale war had begun. That morning Ukrainians realized that Russians could never become “brothers and sisters” again. Russia is a terrorist state that is continuing to commit war crimes. Crimes against peace, and crimes against humanity. Russia has now challenged the entire world with bombings, murder, and acts against civilians - including women and children.However, these unthinkable circumstances now allow Ukraine to change the situation together with the rest of the …

6th Annual Stonewall Lecture 2-2-2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

2023 Champions For Justice 1-27-2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Should Prosecutors Be Expected To Rectify Wrongful Convictions?, Bruce A. Green

Texas A&M Law Review

In 2008, the American Bar Association amended the Model Rules of Professional Conduct to address prosecutors’ post-conviction conduct. Model Rules 3.8(g) and (h) establish the remedial steps a prosecutor must take after achieving a criminal conviction when confronted with significant new evidence of an injustice. They require prosecutors to disclose the new exculpatory evidence and to take reasonable steps to initiate an investigation, and if clear and convincing evidence then establishes the convicted defendant’s innocence, the prosecutors’ office must take reasonable steps to rectify the injustice. Since then, 24 state judiciaries have adopted versions of one or both rules. Although …

“In These Times Of Compassion When Conformity’S In Fashion”: How Therapeutic Jurisprudence Can Root Out Bias, Limit Polarization, And Support Vulnerable Persons In The Legal Process, Michael L. Perlin

Texas A&M Law Review

This Article considers the extent to which caselaw has—either explicitly or implicitly—incorporated the precepts of therapeutic jurisprudence (“TJ”), a school of legal thought that focuses on the law’s influence on emotional life and psychological well-being, and that asks us to assess the actual impact of the law on people’s lives. Two of the core tenets of TJ in practice are commitments to dignity and to compassion. I conclude ultimately that with these principles as touchstones, TJ can be an effective tool—perhaps the most effective tool—in rooting out bias, limiting polarization, and supporting vulnerable persons in the legal process. But this …

My Body, My Choice: Should Physician-Assisted Suicide Be Legalized In The United States For Individuals With Chronic Mental Illness?, Angelika Anderson

Texas A&M Law Review

Many individuals with mental illness wish to die because the symptoms of their illness are unbearable. They shoot, suffocate, and poison themselves to make their pain go away. Because this is a statistical reality, a more certain and less violent means of death should be legalized. This Comment advocates for the legalization of physician-assisted suicide (“PAS”). As of 2022, nine states and the District of Columbia have legalized PAS for terminal illness, but this Comment argues that all fifty states should legalize PAS and not only for terminal illness, but for chronic mental illness as well. To do so, this …

Extinction Or Bust: Improving Species Recovery Under The Endangered Species Act By Amending The Funding Allocation And Recovery Planning Processes, Max Hayashi

Texas A&M Law Review

The Endangered Species Act of 1973 (“ESA”) is among the most powerful environmental statutes passed in U.S. history and serves as a blueprint for government-sanctioned conservation efforts globally. At its core, the ESA seeks to protect listed plant and animal species by prohibiting actions that harm their chances of survival. While the ESA has generally succeeded in pursuing this goal as implemented, it has also led to a host of problems that undermine its effectiveness and generated widespread discontent among conflicting, disparate stakeholders, including environmentalists, industry groups, government agencies, and private landowners. Criticisms of the ESA generally focus on several …

Redressing Sustainable Fashion Practices: Upcycling As A Defense To Trademark Infringement, Victoria Lepesant

Texas A&M Law Review

Upcycling is a fashion trend that has recently gained popularity because it is a more sustainable option for those seeking to purchase new pieces for their wardrobes. Upcycling involves deconstructing pre-owned pieces of clothing, jewelry, and accessories and using the deconstructed materials to create “new” fashion items. While this practice is popular among those looking to make environmentally conscious shopping choices, it is incompatible with our current trademark statutes and common law doctrines. Under the Lanham Act, it is considered trademark infringement to use another’s trademark when it is likely to cause confusion among consumers. In most instances, the use …

Discretionary Disfunction And Shivers V. United States: Consequences Of Assuming The Intent Of Congress, Emily B. Garza

Texas A&M Law Review

The discretionary function exception is a powerful departure from the Federal Tort Claims Act’s general waiver of sovereign immunity. This exception applies where government employees commit a tort while acting within the discretion of their position. While there has been a lengthy and varying jurisprudential history surrounding the application of the discretionary function exception, neither the Supreme Court nor Congress has addressed whether violations of constitutional rights fall within the scope of a discretionary act.

This lack of clarity proved harmful for individuals like Mackie Shivers in Shivers v. United States because the discretionary function exception swallowed his claim for …

The Matryoshka Model: Understanding The Relationship Between Delegation Provisions And The Broader Arbitration Agreements That Contain Them, Michael P. Bitgood

Texas A&M Law Review

This Note analyzes a 2021 decision in which a Ninth Circuit panel diverged from its sister circuits on whether an arbitrator may decide the enforceability of an arbitration agreement that excludes the application of federal law in the arbitration proceedings. In Brice v. Plain Green, LLC (Brice I), the Ninth Circuit panel considered several arbitration agreements that contained delegation provisions. A delegation provision is an additional agreement to arbitrate the validity, enforceability, or scope (collectively, “arbitrability issues”) of a broader arbitration agreement.

Analyzing the enforceability of the delegation provisions apart from that of the arbitration agreements, the panel …

The Road To Hell Is Paved With Vague Intentions: Prosecutorial Development Of 18 U.S.C. § 666 And Its Effect On Local Officials, Theodore Richardson

Texas A&M Law Review

Over the past century, federal prosecution has expanded to cover behavior without a clear nexus to federal interests. At the same time, the powers of local governments have expanded to areas historically reserved for states. These two trajectories have created a collision course, pitting federal prosecutors against local officials in unexpected ways. Vaguely drafted laws have enabled federal prosecutors to expand their discretionary authority and reach conduct that sits well outside of traditional ideas of criminality.

Corruption is a serious issue that needs to be addressed correctly. But how corruption is addressed and who should address it are two important …

Breaking The Ncaa's Two-Tiered System: Attaining Full Scholarships For Equivalency Sport Athletes, Mason Corbett

Texas A&M Law Review

In June of 2021, the Supreme Court released the Alston decision, invalidating NCAA restrictions on educational-related benefits for Division I football, men’s basketball, and women’s basketball student-athletes. Alston laid the groundwork for future challenges to NCAA rules, with Justice Kavanaugh explicitly encouraging further challenges to NCAA rules in his concurring opinion. This Comment reviews NCAA rules limiting the number of scholarships below the number of scholarship roster spots for certain sports. If these rules were challenged under the Alston framework, they likely would not stand up under the antitrust review for NCAA rules established by Alston.

Furthermore, this Comment …

An Imperfect Solution: The Due Process Case For Providing Court-Appointed Interpreters For Pro Se Plaintiffs, Abdullah Z. Khalil

Texas A&M Law Review

A federal law, the Court Interpreters Act, provides litigants with complimentary access to a qualified or professionally certified interpreter in actions instituted by the United States. The majority of pro se civil litigation in federal courts is initiated by the United States, and thus, those pro se litigants who speak little-to-no English need not pay for access to an exceptional interpreter. Indeed, federal courts offer interpreters proficient in a multitude of languages, and the courts work hard to ensure adequate interpretation in proceedings brought by the United States.

However, those limited-English-proficient pro se plaintiffs initiating their own lawsuits face a …

Canadian Maritime Law Jurisdiction Revisited: Quo Vadis?, Aldo Chircop

Dalhousie Law Journal

Maritime jurisdiction in Canada has to contend with the division of powers between the federal and provincial levels. At times, this fact has challenged Canadian courts in explaining what should be the interface between federal and provincial law in dual aspect cases and in determining the applicable law or finding complementary applications of federal and provincial law. This essay reflects on the evolution of maritime law jurisdiction in Canada since the establishment of the Federal Court of Canada in 1971. It discusses the imperative of stability and reality of change in maritime law jurisdiction since then with a focus on …

The Uncertain Fate Of L.B. 753 Under Article Vii, Section 11 Of The Nebraska Constitution’S No-Aid Provision, Anthony B. Schutz

Nebraska Law Bulletin (Selected Issues)

The Nebraska Legislature is considering a bill–Legislative Bill 753 (L.B. 753)–that would provide a non-refundable, 5-year carry-over tax credit for donations to qualifying scholarship-providing organizations. To qualify, the scholarship organization must provide qualifying education scholarships. Those qualifying education scholarships must be used to pay tuition and fees at a qualifying school. Qualifying schools are “any nongovernmental, privately operated elementary or secondary school located in this state.” The state administers the issuance of the tax credits through a program that keeps the budgeted caps in place. The program starts with a $25 million cap that gradually expands to $100 million if …

El Ejercicio De Los Derechos De Acceso A La Información Y La Participación En Asuntos Ambientales En La Protección De Los Derechos Bioculturales E Intergeneracionales, Ana M. Roldan, Carolina Restrepo, Jorge E. Vasquez

The Qualitative Report

Los derechos de acceso a la información, a la participación y a la justicia en asuntos ambientales se han definido como las bases más adecuadas para realizar el desarrollo sostenible, una práctica que debe integrar la prevención y la debida resolución de los conflictos socioambientales. En ese contexto se propuso como pregunta de investigación ¿Cómo ha sido el ejercicio de los derechos de acceso a la información y la participación para la protección de derechos intergeneracionales y bioculturales en Colombia a partir de la vigencia de la Constitución Política de 1991? un problema que se respalda en los derechos de …