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Featured Essays & Responses
Ohio Oil and Gas Litigation in the New Fracking Era
By Blake A. Watson
There is a new era of oil and gas exploration in Ohio: the horizontal “fracking” era. Although the hydraulic fracturing process has been utilized for decades,1 the recent development of horizontal drilling methods has enabled companies to extract oil and gas from the Marcellus and Utica deep shale formations. Horizontal hydraulic fracturing has substantially changed oil and gas drilling in eastern Ohio, as evident by the following statements taken from a complaint filed by landowners in Columbiana County. . . Read More
Enforcement of the Foreign Corrupt Practices Act in the Healthcare Industry and Foreign Bribery’s Adverse Consequences for Patients
By Samer Korkor & Nicole Saleem
As companies that operate in the healthcare industry increasingly conduct
business in foreign countries, they increase their exposure to the Foreign Corrupt Practices Act (FCPA or Act),1 which prohibits payments or offers to pay anything of value to a foreign official in order to obtain or retain business. The pattern of FCPA enforcement actions brought by the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) against entities in the healthcare industry over the last decade demonstrates the industry-specific challenges of compliance as well as the harsh sanctions faced by companies and individuals that violate the FCPA, including high fines, bad press, legal fees, and the possibility of a negative impact on stocks or profits. . . . Read More |
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 v. Husted1—revolved around the simple fact that in the 2012 election, new Ohio laws permitted county boards of elections to offer early in-person voting only to military voters . . . . Read More |
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 long process that culminated in the passage of that Act. He takes us through the history of bribery and corruption laws in the United Kingdom (U.K.), beginning in the late nineteenth century . . . . Read More |
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Featured Notes
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 . . . .
Read More
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 . . . .
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Featured Case Comments
Shelly Holding: When One Failed Stack Test Is a Continuing Violation
By Ann Yackshaw
In December 2012, the Ohio Supreme Court dealt a blow to Ohio businesses’ ability to comply with the Ohio Air Pollution Control Act. This Act, which aims to “protect and enhance the quality of the state’s air resources,”
1 requires facilities that emit air contaminants to obtain a permit that establishes emissions limits.
2 . . .
Read More
Issues, Not Injuries: The Effects of Covenants Not to Sue on Small Competitors
By Kevin Snell
The Supreme Court recently held in
Already, LLC v. Nike, Inc.,1 that a trademark infringement case and a counterclaim alleging the trademark’s invalidity can be dismissed for mootness when a plaintiff unilaterally issues a covenant not to sue to the defendant. Such covenants enable large companies . . . .
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No Leg to Stand On: Clapper v. Amnesty International USA and the Dawn of an Increasingly Strict Standing Doctrine
By Sean J. Wright
In Clapper v. Amnesty International USA,1 the Supreme Court recently held that a group of reporters, human rights activists, attorneys, and labor organizations lacked Article III standing to challenge the constitutionality of § 702 of the Foreign Intelligence Surveillance Act (FISA).2 This 5 - 4 decision . . . . Read More