Volume 79 (2018)


The Conflicted Advice Problem: A Response to Conflicts & Capital Allocation

Gina-Gail S. Fletcher

This Response focuses on these recent efforts to “fiduciarize” or otherwise heighten the standard of conduct applicable to financial advisors and analyzes whether and to what extent the proposed fiduciary(-like) standards minimize the conflicted advice problem. As regulators and industry actors attempt to tackle the innate conflicts of interest that arise in the investor-financial advisor relationship through the imposition of fiduciary(-like) duties, it is necessary to analyze the potential implications of these proposals. Read Fletcher’s full Essay here.

Essay Response to Asymmetries in the Generation and Transmission of Wealth

Reid Kress Weisbord

This Essay responds to a recent Article, Asymmetries in the Generation and Transmission of Wealth, in which Professor Felix Chang offers a bold critique of the freedom of disposition, the venerable organizing principle of wealth transfer law in the United States. With plainspoken eloquence, Chang argues that wealth transfer law should not aim merely to facilitate private donative preferences, but rather, it should also promote social welfare in ways that reduce economic inequality and stimulate wealth redistribution. Chang supports this claim by identifying a previously overlooked asymmetry between the under-regulation of wealth transmission and the more robustly progressive economic regulation of wealth generation. Read Weisbord’s full Essay here.

On the Constitutionality of Ohio’s “Down Syndrome Abortion Ban”

Marc Spindelman

Like many laws impacting the rights of women in relation to reproduction, House Bill 214 (H.B. 214), Ohio’s “Down syndrome abortion ban,” raises profound personal, ethical, spiritual, and political questions—questions thattouch upon some of the most fundamental aspects of human existence and the human condition. These questions and their delicate nature deserve acknowledgement at the outset, both in themselves and as inquiries that deserve ventilation in the public sphere. What follows here, however, is something else. It is an engagement of an almost entirely different, though not wholly unrelated, sort: an effort that looks into how H.B. 214 conforms to the U.S. Constitution as that charter of government and civil and political rights now stands. Read Professor Spindleman’s full Article here.


Sounding the Canon: How Judges Use Canonical Literary Citations to Bolster the Authority of Natural Rights Jurisprudence

William E. Braff

If one were to ask readers of a legal opinion what, exactly, composes the document they are reading, such readers might echo Hamlet, glibly replying “[w]ords, words, words.” And they would not be wrong. Judicial opinions function as a collection of written words that define, apply, or overrule existing law. However, a discerning legal reader might inquire about the authority that gives clout to words in judicial opinions. This question is crucial because if judges have no enhanced or special authority regarding language, then judicial opinions risk being unable to persuade a democratic society that courts issue valid law. Read Braff’s full Note here.

Strengthening Charter School Authorization Laws, in Ohio and Across the Country

Courtney Kasuboski

This Note considers one of the few issues that does not live neatly on partisan lines: publicly attended, yet privately run charter schools. In this Note, drawing on her own experience as a teacher in a New York City charter school, Kasuboski seeks to understand how Ohio’s charter school laws currently function compared to the laws of other states, and proposes how Ohio’s laws can be improved. Some of these recommendations include better state control of charter school authorizers, defined separation of church and state, defined separation of control between an authorizer and a school, and reforming the school reporting system to both better identify failing schools and to better promote report card information to families. Read Kasuboski’s full Note here.