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Full-Text Articles in Law

Fenceposts Without A Fence, Katherine E. Di Lucido, Nicholas Tabor Jan 2023

Fenceposts Without A Fence, Katherine E. Di Lucido, Nicholas Tabor

Vanderbilt Law Review En Banc

No abstract provided.

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Contextualizing Corruption: Foreign Financing Bans And Campaign Finance Law, Lori A. Ringhand Jan 2023

Contextualizing Corruption: Foreign Financing Bans And Campaign Finance Law, Lori A. Ringhand

Scholarly Works

In Bluman v. FEC, the court held that foreign nationals could be prohibited from making even independent expenditures because such expenditures risked inappropriately influencing the choices made by American voters. The result in Bluman is correct, but the court’s reasoning is wrong. Foreign financing bans are constitutional not because foreign speech may “inappropriately” influence voters, but for the same reason all successful restrictions on political speech are constitutional: because of the risk they pose to the appearance or actuality of corrupting the conduct of public officials. The sense of indebtedness or ingratiation independent expenditures can induce in elected officials may …

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Silencing Litigation Through Bankruptcy, Pamela Foohey, Christopher K. Odinet Jan 2023

Silencing Litigation Through Bankruptcy, Pamela Foohey, Christopher K. Odinet

Scholarly Works

Bankruptcy is being used as a tool for silencing survivors and their families. When faced with claims from multiple plaintiffs related to the same wrongful conduct that can financially or operationally crush the defendant over the long term—a phenomenon we identify as onslaught litigation—defendants harness bankruptcy’s reorganization process to draw together those who allege harm and pressure them into a swift, universal settlement. In doing so, they use the bankruptcy system to deprive survivors of their voice and the public of the truth. This Article identifies this phenomenon and argues that it is time to rein in this destructive use …

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Redeeming Spacs, Usha R. Rodrigues, Michael Stegemoller Jan 2023

Redeeming Spacs, Usha R. Rodrigues, Michael Stegemoller

Scholarly Works

Special purpose acquisition companies (SPA Cs) exploded in popularity in the recent past, luring both adventurous retail investors and sophisticated institutional investors. In a SPAC, a publicly traded shell corporation acquires a private target, thereby taking it public in a manner that circumvents the rigors of a traditional initial public offering (IPO). Proponents vaunt SPACs' ability to simplify the process of accessing the public markets and democratize capitalism, but in their current form, they pose risks to retail investors and to the market as a whole. Using a hand-collected dataset spanning 2010- 2021, this Article fills a gap in the …

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Reflections On Place And People From Within, M. Alexander Pearl Jan 2023

Reflections On Place And People From Within, M. Alexander Pearl

Other Faculty Publications

No abstract provided.

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Front Matter Jan 2023

Front Matter

Journal of Air Law and Commerce

No abstract provided.

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From Geopolitics To Lunapolitics: A Response To Lee’S The Future Of The Law On The Moon, Andrea Harrington Jan 2023

From Geopolitics To Lunapolitics: A Response To Lee’S The Future Of The Law On The Moon, Andrea Harrington

Journal of Air Law and Commerce

No abstract provided.

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Commentary: Lunar Court Operational And Constitutional Considerations, Megan Sieffert Jan 2023

Commentary: Lunar Court Operational And Constitutional Considerations, Megan Sieffert

Journal of Air Law and Commerce

No abstract provided.

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Recent Developments In Aviation Law, Brittany C. Wakim Jan 2023

Recent Developments In Aviation Law, Brittany C. Wakim

Journal of Air Law and Commerce

Recent Developments in Aviation Law addresses developments in aviation law from January 2022 through December 2022. This submission focuses on certain cases in the area of aviation law that are expected to have a significant impact upon, and ramifications for, the industry going forward such as: (1) the Federal Aviation Act and Federal Aviation Regulations; (2) the Air Carrier Access Act; (3) the General Aviation Revitalization Act; (4) the Airline Deregulation Act; (5) the Montreal and Warsaw Conventions; (6) the Federal Tort Claims Act; and (7) the Death on the High Seas Act. Finally, this submission also discusses recent developments …

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Front Matter Jan 2023

Front Matter

Journal of Air Law and Commerce

No abstract provided.

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Do Lawyers Inhibit Economic Growth? New Evidence From The 50 U.S. States, James V. Koch, Richard J. Cebula Jan 2023

Do Lawyers Inhibit Economic Growth? New Evidence From The 50 U.S. States, James V. Koch, Richard J. Cebula

Economics Faculty Publications

Whether the activities of lawyers might hamper economic growth has been hotly contested over the past three decades. Contradictory conclusions have flowed from evidence that typically has focused on the impact of lawyers on the growth rates of countries. Disputes over definitions and samples that vary among countries have colored portions of these debates. We surmount many of these issues by adopting a 50-state panel covering the period 2005-2018 for the United States and by utilizing widely accepted variables regarding economic activity and who is considered a lawyer. Further, we utilize two distinct measures of the activity of lawyers and …

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Directions For U.S. International Tax Policy, A Response To Hanna And Wilson, Stephen E. Shay, J. Clifton Fleming Jr., Robert J. Peroni Jan 2023

Directions For U.S. International Tax Policy, A Response To Hanna And Wilson, Stephen E. Shay, J. Clifton Fleming Jr., Robert J. Peroni

Faculty Scholarship

Christopher Hanna and Cody Wilson argue in U.S. International Tax Policy and Corporate America that an international tax reform proposal focusing on maintaining low financial accounting effective tax rates could win over proponents of full current rate taxation of foreign income as well as U.S. publicly traded corporate America. They propose combining full current rate taxation of foreign income with a reduced overall corporate tax rate of approximately 15%. This, they assert, could be roughly revenue neutral or raise revenue. As long-time proponents of full current taxation of foreign income subject to a credit for foreign taxes, we explain why …

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Gender And The Social Structure Of Exclusion In U.S. Corporate Law, Matthew C. Jennejohn, Afra Afsharipour Jan 2023

Gender And The Social Structure Of Exclusion In U.S. Corporate Law, Matthew C. Jennejohn, Afra Afsharipour

Faculty Scholarship

Law develops through collective effort. A single judge may write a judicial opinion, but only after an (often large) group of lawyers choose litigation strategies, craft arguments, and present their positions. Despite their important role in the legal process, these networks of lawyers are almost uniformly overlooked in legal scholarship—a black box in a discipline otherwise obsessed with institutional detail.

This Article focuses upon a particularly crucial way that the structure of professional networks may shape the path of the law. Prior qualitative research suggests that networks are a crucial source of information, mentoring, and opportunity, and that those social …

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Treaty Interpretation At The Human Rights Committee: Reconciling International Law And Normativity, David H. Moore Jan 2023

Treaty Interpretation At The Human Rights Committee: Reconciling International Law And Normativity, David H. Moore

Faculty Scholarship

The Human Rights Committee, the expert body overseeing states’ compliance with the International Covenant on Civil and Political Rights (“ICCPR”), is a key institution in the international human rights architecture. The Committee’s work requires constant interpretation of the ICCPR’s human rights guarantees. While international law dictates how to interpret treaty provisions, including those of the ICCPR, the Committee does not consistently follow the international law of treaty interpretation. Rather, normativity plays an influential role in the Committee’s interpretations. This approach is not uniformly negative; it has both costs and benefits. To minimize the costs, however, this Article identifies a path …

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Taming Dangerousness, Shima Baradaran Baughman Jan 2023

Taming Dangerousness, Shima Baradaran Baughman

Faculty Scholarship

In every courtroom across the country each day, judges determine whether thousands of individuals are either released or held before trial. These speedy and seemingly minor decisions have profound impacts on an accused’s fate and on national incarceration rates. Indeed, over the last fifty years, these individual decisions have led to a four-hundred percent increase in pretrial detention in the United States. This increase in pretrial detention accounts for 99% of the jail growth in the last fifteen years, despite record decreases in arrest and crime rates. At the same time, the United States has witnessed three meaningful periods of …

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Finding A Better Way: An Alternative Path To Attorney Licensure In Utah, Catherine Bramble Jan 2023

Finding A Better Way: An Alternative Path To Attorney Licensure In Utah, Catherine Bramble

Faculty Scholarship

The article describes an alternative path to attorney licensure in Utah.

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The Experiences Of Rural School Attorneys: Implications For School Leaders, Daniel A. Decino, Phillip L. Waalkes, Connor Donohoe Jan 2023

The Experiences Of Rural School Attorneys: Implications For School Leaders, Daniel A. Decino, Phillip L. Waalkes, Connor Donohoe

The Rural Educator

Rural school leaders encounter an array of complex issues that require legal counsel. Student discipline, contract disputes, employee conduct, special education, and a host of other topics require school boards and superintendents to utilize school attorneys. This descriptive phenomenological study explored the daily experiences of ten school attorneys representing multiple school districts in rural areas. Three salient themes emerged (a) the work of a school attorney, (b) relationships and interactions with school personnel, and (c) insights for others. Themes provide a comprehensive picture regarding school attorneys’ roles, responsibilities, and engagements with school personnel within rural schools. Implications, including the importance …

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Tawdry Or Honourable? Additional Payments To Representative Plaintiffs In Ontario And Beyond, Suzanne E. Chiodo Jan 2023

Tawdry Or Honourable? Additional Payments To Representative Plaintiffs In Ontario And Beyond, Suzanne E. Chiodo

All Papers

Additional payments to representative plaintiffs upon the resolution of a class action are widespread in Ontario and elsewhere. However, this subject has received very little attention from appellate courts (at least in Canada), law reformers, and academics. Two conflicting judgments from the Ontario Superior Court have put a spotlight on this practice, however, and it will soon be receiving appellate treatment. The practice has also recently been subject to conflicting appellate decisions in the US. This brings to the fore crucial questions not only about the purpose of such payments, but also about the purposes of class actions in general. …

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Shareholder Inspection Rights: From Credible Basis To Rational Belief, Lynn Bai Jan 2023

Shareholder Inspection Rights: From Credible Basis To Rational Belief, Lynn Bai

Emory Business Law Review

Jurisdictions are split on the standard of proof for shareholder inspection lawsuits when inspections are for the purpose of investigating managerial misconduct. Delaware and its followers apply a credible basis standard that calls for extrinsic evidence, beyond mere suspicion, curiosity, or disagreement with management, to permit an inference of misconduct. A minority of jurisdictions require shareholders to show merely a rational belief that mismanagement likely happened. Rational belief can be satisfied by sound logic without referencing extrinsic evidence. The Delaware Supreme Court rejected rational belief for fear that a permissive standard would lead to a cascade of frivolous inspections, although …

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United We Stand, Divided We Fall: A Survey Of Current Public And Private Initiatives Addressing Board Diversity & A Proposed Sec Diversity Disclosure To Help Increase Board Diversity, Gabrielle Hunter Jan 2023

United We Stand, Divided We Fall: A Survey Of Current Public And Private Initiatives Addressing Board Diversity & A Proposed Sec Diversity Disclosure To Help Increase Board Diversity, Gabrielle Hunter

Emory Business Law Review

No abstract provided.

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From Director Liability To Officer Liability To Esg Caremark Claims: A Natural Evolution?, Gareth Mchugh Jan 2023

From Director Liability To Officer Liability To Esg Caremark Claims: A Natural Evolution?, Gareth Mchugh

Emory Business Law Review

With the McDonald’s decision, officers and directors could face Caremark liability for the first time, and this decision could also lead to an influx of ESG-based Caremark claims in Delaware Courts. This Comment explains that, while ESG Caremark claims would force corporations to adopt ESG oversight systems to avoid liability, the very political, social, and legal environment that created a growing call for ESG Caremark claims presents a beneficial opportunity for corporations to appeal to consumers and investors by proactively adopting ESG oversight systems. Corporations are at a nexus where they can either willingly adopt ESG oversight systems and reap …

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40 Acres And A Mule: Accountability For Corporations To Provide Reparations To Historically Black Colleges And Universities For Profits From Slave Labor, Meghan K. Marks Jan 2023

40 Acres And A Mule: Accountability For Corporations To Provide Reparations To Historically Black Colleges And Universities For Profits From Slave Labor, Meghan K. Marks

Emory Business Law Review

No abstract provided.

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Inherently Incompatible: The Irreconcilable Tension Between Corporate Negligence Claims And The Federal Tort Claims Act, Veronica J. Finkelstein Jan 2023

Inherently Incompatible: The Irreconcilable Tension Between Corporate Negligence Claims And The Federal Tort Claims Act, Veronica J. Finkelstein

Emory Business Law Review

No abstract provided.

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Status, Subject, And Agency In Innovation, Kali Murray Jan 2023

Status, Subject, And Agency In Innovation, Kali Murray

Emory Law Journal Online

The Inequalities of Innovation will be rightly understood as a major scholarly assessment in intellectual property and innovation law for its naming of three key inequalities: the inequality of wealth and income, the inequality of opportunity to innovate, and the inequality of access to innovation. This Essay complicates the triadic framework discussed in The Inequalities of Innovation by interrogating its relationship to status harm and social identity and its relationship to broader discussions of social identities such as race and the law.

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Re-Tribute: Reconsidering The Moral Psychology Of Culpability And Desert, Guyora Binder, Matthew Biondolillo Jan 2023

Re-Tribute: Reconsidering The Moral Psychology Of Culpability And Desert, Guyora Binder, Matthew Biondolillo

Journal Articles

No abstract provided.

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The President Of The Senate, The Original Public Meaning Of The Twelfth Amendment, And The Electoral Count Reform Act, Derek T. Muller Jan 2023

The President Of The Senate, The Original Public Meaning Of The Twelfth Amendment, And The Electoral Count Reform Act, Derek T. Muller

Case Western Reserve Law Review

No abstract provided.

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Volume 74 Issue 1 (2023), Case Western Reserve Law Review Jan 2023

Volume 74 Issue 1 (2023), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

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There's No Such Thing As Independent Creation, And It's A Good Thing, Too, Christopher Buccafusco Jan 2023

There's No Such Thing As Independent Creation, And It's A Good Thing, Too, Christopher Buccafusco

Faculty Scholarship

Independent creation is the foundation of U.S. copyright law. A work is only original and, thus, copyrightable to the extent that it is independently created by its author and not copied from another source. And a work can be deemed infringing only if it is not independently created. Moreover, independent creation provides the grounding for all major theoretical justifications for copyright law. Unfortunately, the doctrine cannot bear the substantial weight that has been foisted upon it. This Article argues that copyright law’s independent creation doctrine rests on a set of discarded psychological assumptions about memory, copying, and creativity. When those …

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Among Us: Impostor Syndrome And Barriers To Black Success, Deshayla M. Strachan Jan 2023

Among Us: Impostor Syndrome And Barriers To Black Success, Deshayla M. Strachan

Cardozo Journal of Equal Rights & Social Justice

Black women are going places-but they're not going into the practice of law. While law schools are becoming more diverse, the legal profession is not. The lack of diversity in the legal profession, coupled with existing implicit bias, causes heightened Impostor Syndrome in women, especially Black women, as well as women from other underrepresented groups. The harder the impostor feelings hit, the more difficult it is to retain women of color in the legal profession. Emotions associated with Impostor Syndrome (e.g., feelings of insufficiency) begin upon entry into the legal profession, as many roadblocks prevent marginalized groups from gaining admission …

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Easing The Burden Of Survivors Of Domestic Violence Through The "One Family, One Judge" Court Model: Why Integrated Domestic Violence ("Idv") Courts Should Be Instituted Throughout The United States, Elka B. Blonder Jan 2023

Easing The Burden Of Survivors Of Domestic Violence Through The "One Family, One Judge" Court Model: Why Integrated Domestic Violence ("Idv") Courts Should Be Instituted Throughout The United States, Elka B. Blonder

Cardozo Journal of Equal Rights & Social Justice

The note advocates for the implementation of Integrated Domestic Violence (IDV) Courts nationwide, arguing that these courts provide a more efficient and supportive system for survivors of domestic violence by consolidating criminal, civil, and family cases under a single judge. This "one family, one judge" model aims to reduce the fragmentation and trauma survivors face in traditional court systems, offering a holistic approach that enhances survivor safety and offender accountability.

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