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LAW (779 journals)                  1 2 3 4 | Last

Showing 1 - 200 of 354 Journals sorted alphabetically
ABA Journal Magazine     Full-text available via subscription   (Followers: 24)
Acta Juridica     Full-text available via subscription   (Followers: 7)
Acta Politica     Hybrid Journal   (Followers: 15)
Acta Universitatis Danubius. Juridica     Open Access   (Followers: 1)
Actualidad Jurídica Ambiental     Open Access   (Followers: 1)
Adelaide Law Review     Full-text available via subscription   (Followers: 22)
Administrative Law Review     Open Access   (Followers: 44)
Aegean Review of the Law of the Sea and Maritime Law     Hybrid Journal   (Followers: 6)
African Journal of Legal Studies     Hybrid Journal   (Followers: 8)
African Journal on Conflict Resolution     Open Access   (Followers: 19)
Afrilex     Open Access   (Followers: 5)
Air and Space Law     Full-text available via subscription   (Followers: 20)
Akron Law Review     Open Access   (Followers: 4)
Al 'Adalah : Jurnal Hukum Islam     Open Access  
Al-Ahkam     Open Access   (Followers: 1)
Alaska Law Review     Open Access   (Followers: 8)
Albany Law Review     Free   (Followers: 5)
Alberta Law Review     Full-text available via subscription   (Followers: 14)
Alternative Law Journal     Hybrid Journal   (Followers: 8)
Alternatives : Global, Local, Political     Hybrid Journal   (Followers: 12)
Amazon's Research and Environmental Law     Open Access   (Followers: 4)
American Journal of Comparative Law     Full-text available via subscription   (Followers: 56)
American Journal of Jurisprudence     Hybrid Journal   (Followers: 18)
American Journal of Law & Medicine     Full-text available via subscription   (Followers: 11)
American Journal of Legal History     Full-text available via subscription   (Followers: 8)
American Journal of Trial Advocacy     Full-text available via subscription   (Followers: 7)
American University Law Review     Open Access   (Followers: 10)
American University National Security Law Brief     Open Access   (Followers: 8)
Amicus Curiae     Open Access   (Followers: 6)
Amsterdam Law Forum     Open Access   (Followers: 8)
Anales de la Cátedra Francisco Suárez     Open Access  
Annales Canonici     Open Access   (Followers: 1)
Annales de droit     Open Access  
Annals of the Faculty of Law in Belgrade - Belgrade Law Review     Open Access  
Anuario da Facultade de Dereito da Universidade da Coruña     Open Access  
Anuario de Psicología Jurídica     Open Access   (Followers: 1)
ANZSLA Commentator, The     Full-text available via subscription   (Followers: 3)
Appeal : Review of Current Law and Law Reform     Open Access   (Followers: 1)
Arbitration Law Monthly     Full-text available via subscription   (Followers: 3)
Arbitration Law Reports and Review     Hybrid Journal   (Followers: 14)
Arctic Review on Law and Politics     Open Access   (Followers: 1)
Arena Hukum     Open Access  
Argumenta Journal Law     Open Access   (Followers: 1)
Arizona Law Review     Open Access   (Followers: 5)
Arizona State Law Journal     Free   (Followers: 3)
Arkansas Law Review     Free   (Followers: 6)
Ars Aequi Maandblad     Full-text available via subscription   (Followers: 3)
Art + Law     Full-text available via subscription   (Followers: 12)
Article 40     Open Access   (Followers: 2)
Artificial Intelligence and Law     Hybrid Journal   (Followers: 11)
ASAS : Jurnal Hukum dan Ekonomi Islam     Open Access  
Asia-Pacific Journal of Ocean Law and Policy     Hybrid Journal  
Asian American Law Journal     Open Access   (Followers: 3)
Asian Journal of Law and Society     Hybrid Journal   (Followers: 7)
Asian Journal of Legal Education     Full-text available via subscription   (Followers: 5)
AStA Wirtschafts- und Sozialstatistisches Archiv     Hybrid Journal   (Followers: 5)
Asy-Syir'ah : Jurnal Ilmu Syari'ah dan Hukum     Open Access  
Australasian Law Management Journal     Full-text available via subscription   (Followers: 7)
Australian and New Zealand Sports Law Journal     Full-text available via subscription   (Followers: 8)
Australian Feminist Law Journal     Hybrid Journal   (Followers: 11)
Australian Indigenous Law Review     Full-text available via subscription   (Followers: 22)
Australian Journal of Legal History     Full-text available via subscription   (Followers: 14)
Ave Maria Law Review     Free   (Followers: 3)
Badamai Law Journal     Open Access   (Followers: 2)
Ballot     Open Access  
Baltic Journal of Law & Politics     Open Access   (Followers: 6)
Bar News: The Journal of the NSW Bar Association     Full-text available via subscription   (Followers: 6)
Behavioral Sciences & the Law     Hybrid Journal   (Followers: 27)
Beijing Law Review     Open Access   (Followers: 5)
Berkeley Journal of Entertainment and Sports Law     Open Access   (Followers: 5)
Berkeley Technology Law Journal     Free   (Followers: 13)
Bioethics Research Notes     Full-text available via subscription   (Followers: 14)
Boletín de la Asociación Internacional de Derecho Cooperativo     Open Access  
Bond Law Review     Open Access   (Followers: 18)
Boston College Environmental Affairs Law Review     Open Access   (Followers: 7)
Boston College Journal of Law & Social Justice     Open Access   (Followers: 11)
Boston College Law Review     Open Access   (Followers: 16)
Boston University Law Review     Free   (Followers: 11)
BRICS Law Journal     Open Access   (Followers: 1)
Brigham Young University Journal of Public Law     Open Access   (Followers: 8)
Brigham Young University Law Review     Full-text available via subscription   (Followers: 7)
British Journal of American Legal Studies     Open Access   (Followers: 1)
Brooklyn Law Review     Open Access   (Followers: 4)
Bulletin of Legal Medicine     Open Access  
Bulletin of Medieval Canon Law     Full-text available via subscription   (Followers: 3)
Business and Human Rights Journal     Full-text available via subscription   (Followers: 3)
C@hiers du CRHIDI     Open Access  
Cadernos de Dereito Actual     Open Access   (Followers: 1)
Cadernos de Informação Jurídica     Open Access  
Cadernos do Programa de Pós-Graduação em Direito - PPGDir./UFRGS     Open Access   (Followers: 1)
Cadernos Ibero-Americanos de Direito Sanitário     Open Access  
Cahiers Droit, Sciences & Technologies     Open Access  
California Law Review     Open Access   (Followers: 19)
California Lawyer     Free  
California Western Law Review     Open Access   (Followers: 3)
Cambridge Law Journal     Hybrid Journal   (Followers: 168)
Campbell Law Review     Open Access   (Followers: 4)
Campus Legal Advisor     Hybrid Journal   (Followers: 2)
Canadian Journal of Law & Jurisprudence     Full-text available via subscription   (Followers: 10)
Canadian Journal of Law and Society     Hybrid Journal   (Followers: 20)
Case Western Reserve Law Review     Open Access   (Followers: 2)
Časopis pro právní vědu a praxi     Open Access  
Catalyst : A Social Justice Forum     Open Access   (Followers: 9)
Catholic University Law Review     Open Access   (Followers: 3)
Chicago-Kent Law Review     Full-text available via subscription   (Followers: 4)
China : An International Journal     Full-text available via subscription   (Followers: 18)
China-EU Law Journal     Hybrid Journal   (Followers: 6)
Chinese Journal of Comparative Law     Hybrid Journal   (Followers: 4)
Chinese Law & Government     Full-text available via subscription   (Followers: 9)
Cleveland State Law Review     Free   (Followers: 2)
College Athletics and The Law     Hybrid Journal   (Followers: 1)
Colombia Forense     Open Access  
Columbia Journal of Environmental Law     Free   (Followers: 10)
Columbia Journal of Law and Social Problems     Full-text available via subscription   (Followers: 15)
Columbia Law Review (Sidebar)     Open Access   (Followers: 17)
Commercial Law Quarterly: The Journal of the Commercial Law Association of Australia     Full-text available via subscription   (Followers: 5)
Comparative Law Review     Open Access   (Followers: 38)
Comparative Legal History     Full-text available via subscription   (Followers: 7)
Con-texto     Open Access  
Conflict Resolution Quarterly     Hybrid Journal   (Followers: 32)
Conflict Trends     Full-text available via subscription   (Followers: 12)
Cornell Law Review     Open Access   (Followers: 11)
Criterio Jurídico     Open Access  
Critical Analysis of Law : An International & Interdisciplinary Law Review     Open Access   (Followers: 5)
Cuadernos de Historia del Derecho     Open Access   (Followers: 7)
Cuestiones Juridicas     Open Access   (Followers: 2)
Current Legal Problems     Hybrid Journal   (Followers: 27)
Danube     Open Access   (Followers: 2)
De Jure     Open Access   (Followers: 1)
De Rebus     Full-text available via subscription   (Followers: 1)
Deakin Law Review     Full-text available via subscription   (Followers: 15)
Debater a Europa     Open Access  
Defense Counsel Journal     Full-text available via subscription   (Followers: 1)
Democrazia e diritto     Full-text available via subscription   (Followers: 2)
Denning Law Journal     Full-text available via subscription   (Followers: 6)
DePaul Journal of Women, Gender and the Law     Open Access   (Followers: 3)
DePaul Law Review     Open Access   (Followers: 3)
Der Staat     Full-text available via subscription   (Followers: 14)
Derecho Animal. Forum of Animal Law Studies     Open Access  
Derecho PUCP     Open Access   (Followers: 4)
Derecho y Ciencias Sociales     Open Access   (Followers: 3)
Derechos en Acción     Open Access  
Dicle Üniversitesi Hukuk Fakültesi Dergisi     Open Access  
Die Verwaltung     Full-text available via subscription   (Followers: 10)
Dikaion     Open Access   (Followers: 1)
Dike     Open Access  
Diké : Revista Jurídica     Open Access  
Direito e Desenvolvimento     Open Access   (Followers: 1)
Direito e Liberdade     Open Access  
Diritto penale contemporaneo     Free   (Followers: 2)
Diritto, immigrazione e cittadinanza     Open Access   (Followers: 4)
Dixi     Open Access  
Doxa : Cuadernos de Filosofía del Derecho     Open Access  
Droit et Cultures     Open Access   (Followers: 7)
Droit et Médecine Bucco-Dentaire     Full-text available via subscription   (Followers: 1)
Droit, Déontologie & Soin     Full-text available via subscription   (Followers: 2)
Drug Science, Policy and Law     Full-text available via subscription  
Duke Environmental Law & Policy Forum     Open Access   (Followers: 5)
Duke Forum for Law & Social Change     Open Access   (Followers: 5)
Duke Journal of Gender Law & Policy     Open Access   (Followers: 15)
Duke Law & Technology Review     Open Access   (Followers: 10)
Duke Law Journal     Open Access   (Followers: 25)
DULR Online     Open Access   (Followers: 1)
East Asia Law Review     Open Access   (Followers: 2)
ECI Interdisciplinary Journal for Legal and Social Policy     Open Access   (Followers: 2)
Ecology Law Quarterly     Free   (Followers: 4)
Economics and Law     Open Access  
Edinburgh Law Review     Hybrid Journal   (Followers: 19)
Education and the Law     Hybrid Journal   (Followers: 12)
El Cotidiano     Open Access   (Followers: 1)
Election Law Journal     Hybrid Journal   (Followers: 24)
Energy Law Journal     Full-text available via subscription   (Followers: 5)
Environmental Justice     Hybrid Journal   (Followers: 9)
Environmental Law Review     Full-text available via subscription   (Followers: 22)
Environmental Policy and Law     Hybrid Journal   (Followers: 13)
ERA-Forum     Hybrid Journal   (Followers: 5)
Erasmus Law Review     Open Access  
Erciyes Üniversitesi Hukuk Fakültesi Dergisi     Open Access  
Espaço Jurídico : Journal of Law     Open Access   (Followers: 1)
ESR Review : Economic and Social Rights in South Africa     Open Access   (Followers: 3)
Ethnopolitics     Hybrid Journal   (Followers: 3)
Ethos: Official Publication of the Law Society of the Australian Capital Territory     Full-text available via subscription   (Followers: 5)
EU Agrarian Law     Open Access   (Followers: 4)
Europaisches Journal fur Minderheitenfragen     Hybrid Journal   (Followers: 2)
European Energy and Environmental Law Review     Full-text available via subscription   (Followers: 13)
European Journal for Education Law and Policy     Hybrid Journal   (Followers: 9)
European Journal of Comparative Law and Governance     Hybrid Journal   (Followers: 9)
European Journal of Law and Technology     Open Access   (Followers: 18)
European Journal of Psychology Applied to Legal Context     Open Access   (Followers: 6)
European Law Journal     Hybrid Journal   (Followers: 163)
European Public Law     Full-text available via subscription   (Followers: 37)
European Review of Contract Law     Hybrid Journal   (Followers: 25)
European Review of Private Law     Full-text available via subscription   (Followers: 33)
European Yearbook of Minority Issues Online     Hybrid Journal   (Followers: 5)
Evaluation Review     Hybrid Journal   (Followers: 9)
Evidence & Policy : A Journal of Research, Debate and Practice     Full-text available via subscription   (Followers: 12)
Faulkner Law Review     Full-text available via subscription   (Followers: 1)
Federal Communication Law Journal     Full-text available via subscription   (Followers: 2)
Federal Law Review     Full-text available via subscription   (Followers: 21)
Federal Probation     Full-text available via subscription   (Followers: 2)

        1 2 3 4 | Last

Journal Cover
Cleveland State Law Review
Journal Prestige (SJR): 0.116
Number of Followers: 2  

  Free journal Free journal
ISSN (Print) 0009-8876
Published by Cleveland State University Homepage  [2 journals]
  • You Play Ball Like a Girl: Cultural Implications of the Contact Sports
           Exemption and Why It Needs to Be Changed
    • Authors: Michelle Margaret Smith
      Abstract: Women in the United States have historically earned significantly less income per year compared to their male counterparts. In 2014, the pay discrepancy was at its lowest point with women earning seventy-nine cents per every dollar men earned. This discrepancy exists even though women now attain college degrees at a higher rate than men and make up 47% of the labor force. In sports, the pay discrepancy is even greater. At the professional level, women earn as little as 1.2% of what their male counterparts earn. This Note addresses how changing the contact sports exemption in Title IX to allow women to play with men would provide women greater opportunities and higher salaries at the professional level.
      PubDate: Wed, 30 May 2018 22:10:00 PDT
       
  • Looking Through the (Mis)Classifieds: Why TaskRabbit is Better Suited than
           Uber and Lyft to Succeed Against a Worker Misclassification Claim
    • Authors: Joseph W. McHugh
      Abstract: In the highly competitive gig-economy, companies are constantly trying to leverage whatever they can to gain a competitive advantage over competitors. One method of doing so is saving on employment costs by classifying workers as independent contractors. There are two ways to accomplish this: (1) structure the business as an internet-based marketplace or platform; or (2) structure the relationship between the business and the worker in a way that ensures the worker remains classified as an independent contractor under either the common law control test or the economic realities test. Both Uber and Lyft have faced accusations of intentionally misclassifying their workers to utilize this competitive advantage. Taking an in-depth look at Uber’s and Lyft’s business models reveals that both companies have failed to accomplish either of the two methods above, indicating their workers may in fact be misclassified. TaskRabbit’s model, on the other hand, has key distinguishing characteristics that make it more of a marketplace than Uber or Lyft while also allowing for proper classification of its workers as independent contractors under both the common law control and the economic realities tests. Therefore, TaskRabbit’s model allows the company to legally enjoy the benefits of classifying its workers as independent contractors, providing it a competitive edge in the gig-economy.
      PubDate: Wed, 30 May 2018 22:09:52 PDT
       
  • Against Notice and Choice: The Manifest Failure of the Proceduralist
           Paradigm to Protect Privacy Online (or Anywhere Else)
    • Authors: John A. Rothchild
      Abstract: Notice and choice are the foundational principles underlying the regulation of privacy in online transactions and in most other situations in which individuals interact with the government and commercial interests. These principles mean that before collecting personally identifiable information (PII) from an individual, the collector must provide the individual with a disclosure (notice) of what PII it proposes to collect and how it proposes to use that information. That knowledge enables the individual to make a rational decision (choice) about whether to allow that collection of information, generally by declining to enter into the transaction or, in some situations, by denying consent to collect the PII.This Article argues that the notice-and-choice paradigm is fundamentally flawed, cannot be fixed, and should be replaced with a system that places substantive limitations on the collection and use of PII for commercial purposes.Each of us who engages with commercial websites, mobile computing devices, or everyday devices that are connected to the Internet receives these notices many times every day. The notices are typically conveyed in the text of a privacy policy that can be accessed by clicking on a hyperlink at the bottom of a web page, tapping on a link of a mobile app’s page on a distribution platform, or paying close attention when installing an Internet of Things device. And the great majority of us, just as many times each day, ignore these privacy notices and submit to whatever collection of PII may result.Why do presumably rational users of the Internet fail to take advantage of this wealth of disclosure information, which is only a click away' Our behavior is easily explained by the concept of "rational inattention." The human condition of bounded rationality makes it infeasible for us to take in and process all the information that is contained in the privacy notices that surround us. Even if we were able to process these notices, it would do us no good because, as demonstrated by an empirical study included in this Article, the uniformity among these privacy policies means that we cannot choose among more- and less-protective policies: we can only choose to engage with the online world, making our PII available for uses that we cannot understand or evaluate, or become hermits in self-exile from the online world.The alternative this Article proposes is to discard our faith in the proceduralist approach of notice-and-choice and develop substantive rules that will truly protect the privacy of individuals in their online interactions, rather than settling for the simulacrum of privacy protection that the present system offers.
      PubDate: Wed, 30 May 2018 22:09:46 PDT
       
  • Watch or Report' Livestream or Help' Good Samaritan Laws
           Revisited: The Need to Create a Duty to Report
    • Authors: Patricia Grande Montana
      Abstract: In July 2017, a group of five Florida teenagers taunted a drowning disabled man while filming his death on a cell phone. In the video, the teenagers laughed and shouted harsh statements like "ain’t nobody finna to help you, you dumb bitch." At the moment the man’s head sank under the water for the very last time, one of the teenagers remarked: "Oh, he just died" before laughter ensued. None of the teenagers helped the man, nor did any of them report the drowning or his death to the authorities.Because the Good Samaritan law in Florida, like in most states, does not require bystanders to assist another person who they know is in danger or is suffering serious physical harm, the teenagers who chose to film, rather than aid, the drowning disabled man are free of any liability. They face no penalties for their inaction and no punishment for their callousness.This Article urges states to revisit traditional Good Samaritan laws. States need to consider penalizing a person’s failure to aid when another person is clearly in danger of physical harm or death. This need is particularly great given the power of social media and its intersection with a bystander’s ability and decision to help. As technology advances, relationships have become increasingly impersonal, thereby diminishing the individual’s connection to and compassion for others. Social media has added a new dimension to the longstanding debate of whether laws should impose on bystanders a duty to help. In cases where a bystander is observing a crime online, the individual can meet the duty quite simply by alerting authorities to the crime or danger. And in cases where the circumstances might tempt a bystander to use social media rather than provide help, the legal duty will compel the more moral choice. Accordingly, states should adopt duty to aid statutes mandating that bystanders give aid or call for help when they can.
      PubDate: Wed, 30 May 2018 22:09:40 PDT
       
  • Testing Fannie Mae's and Freddie Mac's Post-Crisis
           Self-Preservation Policies Under the Fair Housing Act
    • Authors: Shelby D. Green
      Abstract: Beginning in the 1930s, the federal government adopted programs and policies toward safe and decent housing for all. The initiatives included the creation of the Federal Housing Administration that, among other things, spurred mortgage lending by guaranteeing mortgage loans to low- and moderate-income borrowers. The creation of the secondary mortgage market by Fannie Mae and Freddie Mac (GSEs) helped provide more liquidity for loan originators. However, somewhere along the way, these GSEs lost their way, as they pursued profitability without regard to risk and heedlessly bought mortgages without considering quality.The overabundance of poor quality mortgages led to the housing market crisis in 2008, and the GSEs faced ruin when the millions of mortgagors who took out loans defaulted. When the federal government intervened to rescue the GSEs, a new mission and attitude emerged—not one of furthering housing, but of self-preservation. This new attitude was revealed in heavy-handed policies calculated to recoup losses, but not to keep borrowers in their homes. Legislation enacted in the wake of the crisis invested a federal conservator with draconian powers, seemingly unchecked by state law constraints on lenders’ remedies or notions of fairness. The mission became reducing portfolios by auction sales of the properties to investors, while the foreclosed owners had to pay the amounts owed on the mortgages to keep their homes. The impacts of these policies were felt disproportionately by minority borrowers who originally had been offered more onerous mortgage terms on the basis of inflated appraisals. Early attempts by state and local authorities to temper the GSEs’ hard march toward solvency were met with successful assertions of federal preemption. This Article explores these rulings and asserts that, rather than base challenges on subordinate state or local laws, a better and more viable course of action is through the assertion of co-equal federal laws.
      PubDate: Wed, 30 May 2018 22:09:32 PDT
       
  • Copyright Statement
    • Authors: Cleveland State Law Review
      PubDate: Wed, 30 May 2018 22:09:21 PDT
       
  • The Fight Over Encryption: Reasons Why Congress Must Block the Government
           from Compelling Technology Companies to Create Backdoors into Their
           Devices
    • Authors: Shannon Lear
      Abstract: Advances in technology in the past decade have blurred the line between individuals’ privacy rights and the government’s ability to access information. How should this issue be handled in a manner that balances the privacy rights of individuals and the government’s access to information in the interest of national security'This Note proposes a bright-line rule that would continue to allow the government to obtain specific information from a data service provider without forcing the company to circumvent its own security features. Under this rule, a company shall relinquish specific information in its control or possession only by court order and only when necessary to aid the government in the interest of national security. Such information would not include security software, but instead only account information, which the company can readily access. Further, no court shall order a data service provider to create or modify programming that would bypass security features as a means to access protected information. Such programming would provide hackers and governmental entities with a backdoor into other similar devices. Indeed, once created and surrendered, this programming is at risk of being hacked or used by the government in other circumstances. The suggested legislation would not bar a technology company from voluntarily assisting the government or law enforcement in gaining access to encrypted data by creating or modifying programming. If a company chooses to do so, the company could assist and would receive reasonable compensation for the costs incurred.The legal battles between Apple and the FBI demonstrate that without a brightline rule, the government will continue to attempt to gain access to as much information as it can through legislation such as the All Writs Act. Further, forcing a technology company to create or modify programming violates constitutional rights. The costs associated with creating a backdoor far exceed the benefits. Therefore, until Congress speaks to this issue, the legal battle will continue, as the line between privacy rights and the government’s access to information remains blurred.
      PubDate: Thu, 03 May 2018 20:36:05 PDT
       
  • An Examination of Product Hopping by Brand-Name Prescription Drug
           Manufacturers: The Problem and a Proposed Solution
    • Authors: Daniel Burke
      Abstract: The balance between incentivizing innovation through exclusivity protection and maintaining competitive market conditions—including prices for consumers—is a difficult line to toe. Product hopping has characteristics that constitute a violation of the Sherman Antitrust Act because companies can maintain monopoly power in the pharmaceutical market. While some monopoly power is justified as an incentive for incredibly costly innovation, extended periods of exclusivity harms consumers by keeping prescription drug prices artificially inflated. Allowing generic drug manufacturers to compete sooner in the prescription drug market by disallowing product hopping by name-brand pharmaceutical drug companies will aid in driving down prices. Courts should adopt the Second Circuit’s test for whether a particular activity by a pharmaceutical drug company is monopolistic and a violation of the Sherman Act.
      PubDate: Thu, 03 May 2018 20:35:57 PDT
       
  • The Power to Exclude and the Power to Expel
    • Authors: Donald J. Smythe
      Abstract: Property laws have far-reaching implications for the way people live and for the opportunities they and their children will have. They also have important consequences for property developers and businesses, both large and small. It is not surprising, therefore, that modern developments in property law have been so strongly influenced by political pressures. Unfortunately, those with the most economic resources and political power have had the most telling influences on the development of property laws in the United States during the twentieth century. This Article introduces a simple game—the "Not-In-My-Backyard Game"—to illustrate the motivations of various parties with interests in the direction of American property law. As the analysis indicates, affluent residents and owners of upscale businesses have incentives to pressure suburban governments for zoning regulations that effectively exclude less affluent residents from their neighborhoods. Affluent residents and corporations who want to relocate into urban neighborhoods have incentives to pressure city governments to use eminent domain to facilitate urban redevelopment projects, and the takings that ensue often effectively expel many less affluent residents and smaller businesses from their neighborhoods. The analysis accords with the historical evidence. In the early twentieth century, suburban governments began to use zoning ordinances to exclude poor and less affluent residents from suburban neighborhoods. Around the middle of the twentieth century, city governments began to use takings to effectively expel less affluent residents and smaller businesses from urban neighborhoods. The United States Supreme Court upheld the powers of local governments to exclude and expel, and state courts acquiesced to them. The consequences are high and rising land prices, unaffordable housing, homelessness, and the perpetuation of the de facto segregation of the American people by income, wealth, race, ethnicity, religion, and national origin.
      PubDate: Thu, 03 May 2018 20:35:48 PDT
       
  • Is More Parental Leave Always Better': An Analysis of Potential
           Employee Protections for Leave Offered Outside the FMLA
    • Authors: Natalie Bucciarelli Pedersen
      Abstract: In the past few years, many large companies, including Netflix, Amazon and Facebook have implemented expanded—and very generous—parental leave policies. While on the surface these policies seem employee-friendly and even big-hearted, when one explores the potential consequences of taking such leave, the policies are fraught with potential dangers for employees. In a groundbreaking new study, researchers have found that employers view time off or flexible work arrangements made for an employee’s personal reasons as negatively reflecting on an employee’s work commitment. But what happens if a company decides to terminate an employee because they have taken leave and are viewed as less dedicated to the firm' Are any legal protections available for an employee in that position' This Article is the first to explore this timely and relevant topic. As it turns out, any legal protections an employee may have vary by state and, consequently, are largely inconsistent. Even where a cause of action is recognized, the contours of the protections vary greatly by the actual wording of the policies. This Article reviews such protections and suggests new theories under which employees could be protected from adverse consequences stemming from using a company’s parental leave. Ultimately, this Article concludes that viewing the policy as a type of unilateral contract potentially provides the most comprehensive protection for employees in this circumstance.
      PubDate: Thu, 03 May 2018 20:35:41 PDT
       
  • Public Requitals: Corrective, Retributive, and Distributive Justice
    • Authors: Bailey Kuklin
      Abstract: The currently predominant view of public requitals for criminal behavior draws on the deontic guidance provided rather sketchily by Kant’s writings. He offers a broad, formal framework for the mandate to respect others and punish those who criminally violate the mandate. As ethical beings, people have the duty to avoid invading the "autonomy space" of others that is delineated by maxims designed to reasonably and fairly balance everyone’s equal liberty and security interests. Once society settles on a complete and coherent set of maxims that determines the reach of one’s autonomy space, it must then turn to maxims that address the requital repercussions for invasions of this space. In the private realm, our legal regime looks to corrective justice for guidance. In the public, criminal realm we turn to... Well, here is where a deep debate resides. Might we think of punishment as corrective justice writ large' This does not seem promising since our intuitions and traditions emphasize the blameworthiness of the criminal autonomy invader, which corrective justice downplays. Instead, should we turn to conceptions of retribution, as Kant asserts' If so, what are the parameters of retribution' While this is more promising, I believe the prominent role of blameworthiness in our judgments of apt punishment are best situated by conceptions of distributive justice. Defending and developing this position is the primary burden of this Article. After explicating the key elements of autonomy space and requitals for its invasion, including "dignity," "respect," "responsibility," "consent," "harm," "wrongful harm," and especially "blameworthiness," I turn to the process by which these elements may be integrated and implemented in a just penal regime centered on distributive justice.
      PubDate: Thu, 03 May 2018 20:35:35 PDT
       
  • Copyright Statement
    • Authors: Cleveland State Law Review
      PubDate: Thu, 03 May 2018 20:35:21 PDT
       
  • The "P" Word: Ohio Should Adopt the Uniform Premarital Agreements Act to
           Achieve Consistency and Uniformity in the Treatment of Prenuptial
           Agreements
    • Authors: Jenna Christine Colucci
      Abstract: Throughout the United States, courts have used inconsistent standards for the interpretation of prenuptial agreements. Under Ohio jurisprudence, courts are concerned with protecting the vulnerable spouse or the economically disadvantaged party. This legal standard acknowledges the unique relationship of the parties to the contract and will generally review the procedural and substantive components of the prenuptial agreement. Conversely, other courts are weary of interfering with the contractual freedom of the parties and will only invalidate a prenuptial agreement upon a showing of fraud, duress, or misrepresentation. The Uniform Premarital Agreement Act was drafted in 1983 to address the inconsistent treatment of prenuptial agreements on a multi-jurisdictional basis. To date, twenty-seven states have adopted the Act. Ohio’s adoption of the Act would clarify the rights and responsibilities of parties to prenuptial agreements. In addition, subsequent adoption of the Act in all states would guarantee reliable prenuptial agreements which could withstand judicial scrutiny in all United States jurisdictions.
      PubDate: Thu, 18 Jan 2018 16:11:13 PST
       
  • Stuck in Ohio's Legal Limbo, How Many Mistrials are Too Many
           Mistrials': Exploring New Factors That Help a Trial Judge in Ohio Know
           Whether to Exercise Her Authority to Dismiss an Indictment with Prejudice,
           Especially Following Repeated Hung Juries
    • Authors: Samantha M. Cira
      Abstract: Multiple mistrials following validly-prosecuted trials are becoming an increasingly harsh reality in today’s criminal justice system. Currently, the Ohio Supreme Court has not provided any guidelines to help its trial judges know when to make the crucial decision to dismiss an indictment with prejudice following a string of properly-declared mistrials, especially due to repeated hung juries. Despite multiple mistrials that continue to result in no conviction, criminal defendants often languish behind bars, suffering detrimental psychological harm and a loss of personal freedom as they remain in “legal limbo” waiting to retry their case. Furthermore, continuously retrying defendants cuts against fundamental fairness and substantial justice highlighted in the “Ohio Due Course of Law” clause.This Note argues that Ohio trial judges need to apply a list of factors to avoid allegations of misconduct, to breathe life back into the defendant’s presumed innocence until proven guilty, and to guarantee prompt administration of justice. These factors include: (1) the number of prior mistrials and the circumstances of the jury deliberation therein, so far as is known; (2) the character of prior trials in terms of length, complexity, and similarity of evidence presented; (3) the likelihood of any substantial difference in a subsequent trial, if allowed; (4) whether the defendant is or has been incarcerated awaiting trial, and the length of such incarceration; (5) the severity of the offense charged; (6) the professional conduct and diligence of respective counsel, particularly that of the prosecuting attorney; and (7) the trial court’s own evaluation of the relative case strength. Weighing these factors will promote stability, uniformity, and predictability among courts. Implementing factors will also help ensure that defendants are not pushed into taking unfair plea deals; it will aid appellate courts reviewing trial judges’ decisions whether or not to dismiss. Also, it will give legitimacy to the trial judges’ decisions. Overall, these factors will explore a fair balance between the prosecution’s right to seek a conviction and the rights of the accused, the victim, and the community at large.
      PubDate: Thu, 18 Jan 2018 16:11:09 PST
       
 
 
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