17th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2015,
2015
Roger Williams University
17th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2015, Department Of Attorney General, State Of Rhode Island
School of Law Conferences, Lectures & Events
No abstract provided.
Reparation Awards To Victims Of Crimes In Ohio,
2015
The University of Akron
Reparation Awards To Victims Of Crimes In Ohio, Catherine Petraglia
Akron Law Review
Ohio has taken steps to assist victims of crime by enacting Revised Code sections 2743.51-.72.1 It is the purpose of this comment to review the provisions of the Ohio law, comparing it with the statutes of other states and making a preliminary assessment of its impact, strengths, and weaknesses, based on approximately two years of experience with the law in its present form. Comparison will be made with the provisions of the Uniform Crime Victims Reparation Act, drafted and approved by the National Conference of Commissioners on Uniform State Laws in 1973.
The Ohio "Sunshine" Act: An Appraisal,
2015
The University of Akron
The Ohio "Sunshine" Act: An Appraisal, Frederic White
Akron Law Review
T HE OHIO OPEN MEETINGS or "Sunshine" law has existed in its present form since November 28, 1975 [hereinafter the "Sunshine Law" or "The Act"].' So-called open meeting legislation is neither new or unique to Ohio. Indeed, every state has enacted one or more open meetings laws. This article will examine the Sunshine Law to determine whether it has served its purpose, that is, making the processes of government more accessible to the citizens of the state of Ohio, and suggest some changes to increase the effectiveness of the legislation.
The New Novelty: Defining The Content Of “Otherwise Available To The Public”,
2015
Notre Dame Law School
The New Novelty: Defining The Content Of “Otherwise Available To The Public”, Caroline A. Schneider
Journal of Legislation
The "Leahy-Smith America Invents Act" (America Invents Act) was enacted on September 16, 2011.1 The purpose of the Act was to provide greater harmony between the U.S. patent system and patent systems of our international trading partners.2 A patent gives an inventor a monopoly in the issuing country to make, use, and sell the invention for a limited term in exchange for the disclosure of how to make and use the invention. In the United States, the granting of monopolies for limited terms is justified mainly on utilitarian grounds. The patent system is seen as the best way to incentivize …
Remembering The Lessons Of 9/11: Preserving Tools And Authorities In The Fight Against Terrorism,
2015
Notre Dame Law School
Remembering The Lessons Of 9/11: Preserving Tools And Authorities In The Fight Against Terrorism, Congressman Peter T. King
Journal of Legislation
As Chairman of the Subcommittee on Counterterrorism and Intelligence, a Member of the House Permanent Select Committee on Intelligence, and a Con- gressman from New York, 9/11 was a very personal experience that continues to resonate with me. I lost over 150 neighbors, friends and constituents on September 11th, but no one has a monopoly on grief. This issue went to the soul of the entire country, and touches our lives nearly 15 years later. That day forces us to acknowledge, whether some of us want to or not, that we have an unyielding enemy, vicious and bitter, that will …
The Contraceptive Mandate: Compelling Interest Or Ideology?,
2015
Notre Dame Law School
The Contraceptive Mandate: Compelling Interest Or Ideology?, Karen A. Jordan
Journal of Legislation
In the wake of the administrative rule requiring employee health benefit plans to cover contraceptive services, many employers are pursuing religious liberty claims against the federal government. In claims under the Religious Freedom Res- toration Act, a prima facie showing by a plaintiff that a federal law substantially burdens the exercise of religion shifts the burden to the government to justify the burden by showing that the law is the least restrictive means of advancing a compel- ling governmental interest. This article focuses on the compelling interest prong of the government's burden. The text of RFRA and judicial gloss make …
Benefit Corporations: Increased Oversight Through Creation Of The Benefit Corporation Commission,
2015
Notre Dame Law School
Benefit Corporations: Increased Oversight Through Creation Of The Benefit Corporation Commission, Thomas J. White Iii
Journal of Legislation
Traditional for-profit and nonprofit corporate forms do not provide the appropriate framework for an organization pursuing both profits and social responsibility. In response, state legislatures have begun to take initiative by offering new business forms to accommodate for an increased demand in social responsibility. These hybrid forms seek to offer an organization the optimal platform by which to meet their dynamic goals. This Note will analyze the recently popular hybrid form of a benefit corporation. Further, this Note will dissect the Model Benefit Corporation Legislation and explain how benefit corporations provide a solution to the theory of shareholder wealth maximization. …
The Principle Of Subsidiarity In Eu Judicial And Legislative Practice: Panacea Or Placebo?,
2015
Notre Dame Law School
The Principle Of Subsidiarity In Eu Judicial And Legislative Practice: Panacea Or Placebo?, Gabriél A. Moens, John Trone
Journal of Legislation
This paper considers the failure of subsidiarity as a judicial review principle and its somewhat more successful record as a legislative review principle in the European Union. Although the founding Treaties make clear that subsidiarity is a legally binding principle, the European Court of Justice has adopted an excessively deferential approach to its judicial enforcement. The Treaty provisions have been rendered essentially meaningless platitudes so far as judicial enforcement is concerned. The European Court's under-en- forcement of subsidiarity should be contrasted with the Court's history of judicial activism. While the Court has often fashioned novel legal doctrines without express support …
A Return To Rehabilitation: Mandatory Minimum Sentencing In An Era Of Mass Incaraceration,
2015
Notre Dame Law School
A Return To Rehabilitation: Mandatory Minimum Sentencing In An Era Of Mass Incaraceration, Matthew C. Lamb
Journal of Legislation
In 2013 Senators Richard Durbin (D-IL), Patrick Leahy (D-VT), and Mike Lee (R-UT) introduced the Smarter Sentencing Act to decrease mandatory minimum sentences for federal drug crimes and enlarge the existing safety valve for federal drug offenses.1 The Smarter Sentencing Act reduces the statutory minimum sentence of specific federal drug offenses and permits judges to deviate from mandatory minimum sentences for controlled sub- stance offenses under certain circumstances.2 Similarly in 2013, Senators Leahy and Rand Paul (R-KY), as well as Representatives Bobby Scott (D-VA) and Thomas Massie (R-KY), introduced the Justice Safety Valve Act.3 The Justice Safety Valve Act would …
The Uniform Act On Prevention Of And Remedies For Human Trafficking: State Law And The National Response To Labor Trafficking,
2015
Notre Dame Law School
The Uniform Act On Prevention Of And Remedies For Human Trafficking: State Law And The National Response To Labor Trafficking, Erin N. Kauffman
Journal of Legislation
Human trafficking* is one of the most lucrative criminal enterprises in the world, with illicit profits rivaling those of the global drug and arms trades. A 2014 survey by the International Labour Organization estimated that revenue from human trafficking grosses as much as $150 billion annually.Yet, unlike with drugs and weapons, the minimal cost of “purchasing” a human trafficking victim, combined with the fact that the same victim may be sold again and again, makes human trafficking a high-reward, low-risk enterprise.
Extradition Reform Legislation In The United States: 1981-1983,
2015
The University of Akron
Extradition Reform Legislation In The United States: 1981-1983, M. Cherif Bassiouni
Akron Law Review
This article will analyze the draft legislative texts intended to amend 18 U.S.C. §§ 3181-3195. They are referred to herein as the "Act" when the provisions of the drafts are substantially the same, and are referred to as the "Senate and House bills" when their provisions differ. Any variances between the different Senate and House versions are noted in the footnotes. The Senate version in the text refers to S. 1639 of 1981, S. 1940 of 1982 and S. 220 of 1983 with differences among them noted in the footnotes. The House version in the text refers to H.R. 5227 …
Strategic Behavior And Variation In The Supreme Court’S Caseload Over Time,
2015
Southern Illinois University Edwardsville
Strategic Behavior And Variation In The Supreme Court’S Caseload Over Time, Kenneth W. Moffett, Forrest Maltzman, Karen Miranda, Charles R. Shipan
SIUE Faculty Research, Scholarship, and Creative Activity
Over the past sixty years, the size of the Supreme Court’s docket has varied tremendously, growing at some points in time and shrinking at others. What accounts for this variation in the size of the docket? We focus on two key strategic factors – the predictability of outcomes within the Court, and whether justices consider the potential actions of other political institutions – and assess whether these factors help to explain the variation in docket size over time. We discover that uncertainty and institutional constraints prevent the Court from choosing cases with complete freedom, even after accounting for other potential …
Homelessness: A Post-Industrial Society Faces A Legislative Dilemma,
2015
The University of Akron
Homelessness: A Post-Industrial Society Faces A Legislative Dilemma, Robert W. Collin, Daniel J. Barry
Akron Law Review
In American social welfare history, the intent with which one became poor has determined their eligibility for aid from the state. This intent has never been clearly labeled as such. Rather, it has taken the form of equating intentional poverty with those "voluntarily in need," not truly needy or "willfully unemployed." There has not been a distinction between the intention with which one seeks aid, and the intention with which one becomes poor. Recently, such a distinction is emerging in new homelessness legislation. However, the new poverty legislation which grapples with intent will be doing so in a post-industrial society. …
Bringing Down The Barriers: American Laws That Impede Trade With The Cis,
2015
The University of Akron
Bringing Down The Barriers: American Laws That Impede Trade With The Cis, Arthur M. Dula, Lynne M. Tracy, Renee A. Rubino
Akron Law Review
It is necessary first to establish whether current trade restrictions apply to all former constituent parts of the Soviet Union or only to Russia. Second, the American-Russian trade relationship resembles a minefield. Some of the most powerful trade restrictions remain firmly in place. Others have been defused. This article will attempt to provide some guidance through the minefield. Finally, attention will be given to pending legislation that affects trade with Russia. Hopefully, this analysis will provide some insight into: (1) the past U.S. trade with the former Soviet Union; (2) where the relationship is now; and (3) what direction it …
Redrafting Ohio's Advance Directive Laws,
2015
The University of Akron
Redrafting Ohio's Advance Directive Laws, Susan R. Martyn, James E. Reagan, Brendan Minogue, Debra L. Dippel, Maria R. Schimer, Robert Taraszewski
Akron Law Review
The Bioethics Network of Ohio (BENO) held its second annual conference on June 12, 1992 at Ohio Dominican College, Columbus, Ohio. Attendees recommended that a Task Force' review Ohio's Durable Power of Attorney for Health Care (DPAHC) and Modified Uniform Rights for the Terminally Ill (MURTIA) laws and suggest changes that would retain the basic structure of these provisions but also simplify and clarify their meaning. The Task Force completed a draft in six months and circulated it to approximately 450 individual and institutional BENO members. About one hundred members responded and this article incorporates most of their comments.
Bias Crime Legislation: A Constitutional Rebuttal To Sticks And Stones . . .,
2015
The University of Akron
Bias Crime Legislation: A Constitutional Rebuttal To Sticks And Stones . . ., Diana M. Torres
Akron Law Review
In a recent article, Susan Gellman of the Ohio bar provides perhaps the clearest and most persuasive arguments against these statutes both on constitutional and policy grounds. 5 This paper is, in many respects, a response to her arguments. It will first briefly discuss the need for bias crime legislation. It will then address the various forms of such statutes and respond to the constitutional objections of vagueness, overbreadth and infringement on free speech as set forth in Gellman's article. The paper will analogize the statutes to civil rights and anti-discrimination legislation and the principles behind sentencing discretion. Finally, the …
The Pharmaceutical Access And Prudent Purchasing Act Of 1990: Federal Law Shifts The Duty To Warn From The Physician To The Pharmacist,
2015
The University of Akron
The Pharmaceutical Access And Prudent Purchasing Act Of 1990: Federal Law Shifts The Duty To Warn From The Physician To The Pharmacist, Michael J. Holleran R.Ph.
Akron Law Review
This article will first discuss the legislation recently enacted as part of the budget reduction package passed by Congress in late 1990 and how that legislation will affect pharmacists' liability. Second, the article will address the applicable statutes of limitation regarding pharmacists in particular and within the general area of malpractice. Third, the applicable standard of care will be explored as it pertains to pharmacists as well as physicians. Coupled with the standard of care discussion is an overview of the various theories of liability which physicians and pharmacists currently face and how these may change under the Act. Finally, …
The Good American Legislator: Some Legal Process Perspectives And Possiblilities,
2015
The University of Akron
The Good American Legislator: Some Legal Process Perspectives And Possiblilities, Robert F. Blomquist
Akron Law Review
In this Article, I intend to sketch some theoretical attributes of the good American legislator...In Part I of the Article, I will discuss the original legal process jurisprudence of the 1940s and 1950s, and will attempt to tease out of this body of thought concepts that bear on defining the good American legislator. In Part II, I turn, successively, to the three offshoots of the original legal process material, written over the last twenty years: process formalists, process progressives and process pragmatists. I do this in order to uncover insights that might further our understanding of the good American legislator. …
The Dangerous Right To Food Choice,
2015
Seattle University School of Law
The Dangerous Right To Food Choice, Samuel R. Wiseman
Seattle University Law Review
Scholars, advocates, and interest groups have grown increasingly concerned with the ways in which government regulations—from agricultural subsidies to food safety regulations to licensing restrictions on food trucks—affect access to local food. One argument emerging from the interest in recent years is that choosing what foods to eat, what I have previously called “liberty of palate,” is a fundamental right. The attraction is obvious: infringements of fundamental rights trigger strict scrutiny, which few statutes survive. As argued elsewhere, the doctrinal case for the existence of such a right is very weak. This Essay does not revisit those arguments, but instead …
Keynote Remarks: Re-Tooling Law And Legal Education For Food System Reform: Food Law And Policy In Practice,
2015
Seattle University School of Law
Keynote Remarks: Re-Tooling Law And Legal Education For Food System Reform: Food Law And Policy In Practice, Emily M. Broad Leib
Seattle University Law Review
Thank you for the opportunity to be with you today and to take part in this symposium on the important role law schools and lawyers can play in changing our food system. Food preferences and food choices are incredibly personal, but the way we produce and consume food, and its impacts on our environment, public health, and the safety of ourselves and others, make it a pressing societal issue as well.
