Author Archives: Andrew K

Why the Ohio Early Voting Case Is Not a Threat to Military Voting Accommodations

By Steven F. Huefner One of the most closely watched court battles of the 2012 presidential election was the lawsuit that the Obama campaign brought against the Ohio secretary of state in an attempt to restore early in-person voting for all Ohio voters on the final three days before Election Day. The case—Obama for America […]

Further to Professor Alldridge’s “Caffeinated” Article: What “Stuff” Did the Professor Have in Mind?

By Bruce W. Bean For those interested in the struggle against overseas bribery, Professor Peter Alldridge has written a most valuable article. In The U.K. Bribery Act: “The Caffeinated Younger Sibling of the fcpa,”1 he provides valuable insight into the evolution and development of the U.K. Bribery Act 2010 (Bribery Act or Act). Alldridge was an important participant in the surprisingly […]

Access Denied! The Case for Extending Full First Amendment Protection to Proxy Speech Under Citizens United

By Christina Karam A publicly traded corporation wishes to spend funds to publicize its views against a proposed constitutional amendment imposing a graduated personal income tax.1 The majority of the company’s board of directors believes that the proposed amendment would adversely affect earnings by shrinking the disposable income of individuals available for the purchase of the company’s products. . . . Read […]

Drowning in the Wake of Concepcion: How to Protect Small Claims Plaintiffs Bound by Mandatory Arbitration Agreements

By Todd Seaman We live in an age in which standard form contracts written by big businesses are a common feature of our commercial relationships. Wireless phone companies, cable providers, and a bourgeoning array of consumer product companies routinely impose binding pre-dispute arbitration agreements on consumers, whereby consumers are required to arbitrate, rather than litigate, future disputes. . . . Read […]

Don’t You Forget About Me: The Continuing Viability of the FCPA’s Facilitating Payments Exception

By Michael S. Diamant and Jesenka Mrdjenovic At the heart of the Foreign Corrupt Practices Act (FCPA) lie the statute’s anti-bribery provisions, which prohibit providing or offering “anything of value” to a “foreign official,” a “foreign political party,” or an official of a foreign political party with the corrupt intent to influence the recipient in order to obtain, retain, […]

Some Concerns About Sua Sponte

By Bradley Scott Shannon United States National Bank highlights and exemplifies several well established propositions about the ability of courts to raise legal issues, including dispositive legal issues, sua sponte: (1) American courts are universally regarded as having such power; (2) that power is not limited to matters that affect the court’s jurisdiction; (3) there are, however, strong currents in […]

Judicial Foreclosures and Their Discontents

By Matthew J. Richardson The nation is currently divided regarding whether, and to what extent, judicial process is deemed necessary for a mortgage loan holder to foreclose on property secured by a defaulted mortgage loan. Foreclosure actions are creatures of state law, and the states have produced many responses to this issue along a spectrum of differing policy commitments. […]