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First student notes published on Furthermore

October 8, 2012

Contact: Barbara Peck, (614) 292-0283

 

This month the Ohio State Law Journal will publish its first two student-authored notes on Furthermore, the Journal’s new online supplement. Christina Karam and Todd Seaman’s notes were selected last spring to be featured online as part of the Journal’s 2L note writing program. To read these notes, please click here.

Seaman’s note is titled “Drowning in the Wake of Concepcion: How to Protect Small Claims Plaintiffs Bound by Mandatory Arbitration Agreements reviews the impact of the U.S. Supreme Court’s decision in AT&T Mobility LLC v. Concepcion,” which enables companies to avoid class-wide arbitration proceedings by incorporating class action waivers in consumer contracts. By upholding class action waivers, the Supreme Court requires small claims plaintiffs to find relief via individual arbitration, an economically undesirable option. This note resolves the disincentive for small-claim plaintiffs through amendments to the widely-used Consumer Due Process Protocol, a national set of standards and procedures designed to ensure a fair arbitration process.

Karam’s note addresses the constitutionality of corporate proxy access under the First Amendment. “Access Denied! The Case for Extending Full First Amendment Protection to Proxy Speech Under Citizens United” argues that Securities and Exchange Commission Rule 14a-8 and Rule 14a-11 violate the First Amendment because proxy speech is fully protected political speech, not commercial speech. Since strict scrutiny is applied to corporate political speech under Citizens United, this note concludes that the SEC’s proxy access rules are unconstitutional.

Karam and Seaman’s notes join five other essays that have been published on Furthermore since its launch in April. Furthermore provides the Journal a forum to advance legal scholarship through the publication of shorter, less-footnoted original essays as well as response pieces to the print publication.

Furthermore also is allowing the Journal to test-pilot a program that provides their members with more publication opportunities. This November and next March, any OSLJ 3L can voluntarily submit student essays for publication consideration on Furthermore. If the program is successful, this additional publication opportunity may become a permanent feature of the Ohio State Law Journal’s student writing program.

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