Content Posted in 2014
Advancement of Legal Fees May Be More Than Corporations Bargained For: Miller v. Miller, 973 N.E.2d 228 (Ohio 2012), Caitlin Graham
A Law and Literature Approach to Stumped by Debora Threedy, Kristin (Brandser) Kalsem
A Modern Theory of Direct Corporate Liability for Title VII, Sandra F. Sperino
Behavioral Economics and Investor Protection: Reasonable Investors, Efficient Markets, Barbara Black
Beyond McDonnell Douglas, Sandra F. Sperino
Broker-Dealers, Institutional Investors, and Fiduciary Duty: Much Ado about Nothing, Lin (Lynn) Bai
Complying with Export Laws without Importing Discrimination Liability: At Attempt to Integrate Employment Discrimination Laws and the Deemed Export Rules, Sandra F. Sperino
Constitutional Newspeak: Learning to Love the Affordable Care Act Decision, A. Christopher Bryant
Copyright/Commerce Clause Collision: A Subject Matter Approach, Kevin J. Hickey
Covenant and Feminist Reconstructions of Subjectivity within Theories of Justice, Janet Moore
Criminal Conspiracy and Lesser Included Offense Jury Instructions: United States v. Lapointe, 690 F.3d 434 (6th Cir. 2012), Nicholas F. Caprino
Curbing Broker-Dealers' Abusive Sales Practices: Does Professor Jensen's Integrity Framework Offer a Better Approach?, Barbara Black
Death to Credit as Leverage: Using the Bank Anti-Tying Provision to Curb Financial Risk, Felix B. Chang
Democracy and Criminal Discovery Reform after Connick and Garcetti, Janet Moore
Direct Employer Liability for Punitive Damages, Sandra F. Sperino
Discrimination Statutes, the Common Law, and Proximate Cause, Sandra F. Sperino
Disparate Impact of Negative Impact: Future of Non-Intentional Discrimination Claims Brought by the Elderly, Sandra F. Sperino
Flying without a Statutory Basis: Why McDonnell Douglas is Not Justified by any Statutory Construction Methodology, Sandra F. Sperino
G Forces: Gideon v. Wainwright and Matthew Adler's Move Beyond Cost-Benefit Analysis, Janet Moore
GPS and Cell Phone Tracking: A Constitutional and Empirical Analysis, Marc McAllister
Informational Standing After Summers, Bradford Mank
Investor Protection Meets the Federal Arbitration Act, Barbara Black
Judge Posner’s 'Practical' Theory of Standing: Closer to Justice Breyer’s Approach to Standing than Justice Scalia’s, Bradford Mank
Judging Judges: Empathy as the Litmus Test for Impartiality, Rebecca K. Lee
Like Mark Twain: The Death of Academic Law Libraries Is an Exaggeration, Kenneth J. Hirsh
Litigating the FMLA in the Shadow of Title VII, Sandra F. Sperino
Nigro v. United States: The Most Disingenuous Supreme Court Opinion, Ever, A. Christopher Bryant
Punishing Bad Brokers: Self-Regulation and FINRA Sanctions, Barbara Black
Reading the Standing Tea Leaves in American Electric Power v. Connecticut, Bradford Mank
Recreating Diversity in Employment Law by Debunking the Myth of the McDonnell Douglas Monolith, Sandra F. Sperino
Rescuing the Bundle-of-Rights Metaphor in Property Law, Jane B. Baron
Rethinking Discrimination Law, Sandra F. Sperino
Revisiting the Lyons Den: Summers v. Earth Island Institute's Misuse of Lyons's Realistic Threat of Harm Standing Test, Bradford Mank
Revitalizing State Employment Discrimination Law, Sandra F. Sperino
Sky Remains Intact: Why Allowing Subgroup Evidence is Consistent with the Age Discrimination in Employment Act, Sandra F. Sperino
Standing for Private Parties in Global Warming Cases: Traceable Standing Causation Does Not Require Proximate Causation, Bradford Mank
Statutory Proximate Cause, Sandra F. Sperino
The Computer Fraud and Abuse Act or the Modern Criminal at Work: The Dangers of Facebook from Your Cubicle, Justin Precht
The Disappearing Dilemma: Why Agency Principles Should Now Take Center Stage in Retaliation Cases, Sandra F. Sperino
The New Calculus of Punitive Damages for Employment Discrimination Cases, Sandra F. Sperino
The Systemic Risk Paradox: Banks and Clearinghouses Under Regulation, Felix B. Chang
Tort Liability for Parents Who Choose Not to Vaccinate Their Children and Whose Unvaccinated Children Infect Others, Teri Dobbins Baxter
Under Construction: Questioning Whether Statutory Construction Principles Justify Individual Liability under the Family and Medical Leave Act, Sandra F. Sperino
What Innocent Spouse Relief Says about Wives and the Rest of Us, Stephanie McMahon
Willful Patent Infringement: Bard v. W.L. Gore's Thoughtful Shift from Jury to Judge, Alex Czanik