Professor Joseph Mead published a piece discussing potential SCOTUS nominee Joan Larsen’s views on separation of powers and administrative law at the Yale Journal on Regulation’s Notice & Comment blog. The citation is Joseph Mead, Judge Joan Larsen on Separation of Powers and Administrative Law, 36 Yale J. on Reg.: Notice & Comment (2018), and the article is available below:
Author Archives: CSU|LAW
Space Law at C|M|LAW: An Update
Prof. Mark Sundahl and the new Global Space Law Center at C|M|LAW have had a busy year so far in 2018. From Washington politics to asteroid mining, the GSLC and its student-staffed Research Council has been active in this rapidly moving industry. Here are some highlights from the past months:
- · Prof. Sundahl chaired the recent ABA Space Law Symposium panel in Washington, D.C. on the newly reconstituted National Space Council which advises President Trump on his new space policies. Prof. Sundahl led a candid discussion among leading figures in the field of space law and policy regarding the NSpC’s recommendations to the administration.
- · Prof. Sundahl also contributed to a White Paper for the United Launch Alliance (a joint venture of Boeing and Lockheed Martin) regarding the legal issues surrounding the manufacturing of rocket fuel from lunar ice deposits.
- · The GSLC Research Council generated work product in support of two critical international projects in space law. One initiative, the Hague Space Resource Governance Working Group, has been constructing the “Building Blocks” for an international framework governing space resource extraction (i.e. “asteroid mining”). The other project, the UN Space Learning Group, is charged with determining the relative jurisdictions of two UN agencies, the International Civil Aviation Organization and the Committee of the Peaceful Uses of Outer Space, when regulating suborbital spaceplanes that straddle the divide between air space and outer space.
- · For the first time, the new online course on Space Law was taught at C|M|LAW this summer. The course was taught online and asynchronously in order to allow students from anywhere in the world to participate. The course featured interviews with thought leaders in the space industry and will continued to be rolled out around the world in the coming years in order to build capacity in Space Law to serve a growing industry.
The 2018/19 academic year promises to bring new adventures in Space Law for our students!
Sagers Quoted in New York Times on Amazon; Yahoo Finance on Dating Services and Bloomberg on Ohio v. Amex
Chris Sagers, the James A. Thomas Professor of Law, was quoted in the New York Times’ Sunday print edition in a story investigating the online retailer Amazon. Specifically, the Amazon’s entry into several lines with its own private-label products, and its rapid growth in some of them, have raised talk of antitrust risk. Some claim that Amazon has gotten that growth through anticompetitive conduct, including exploiting data on sales by its branded competitors on its own platform, excluding competitors from some parts of its website, and excluding them from in-home sales over the Amazon Echo. Sagers commented on what else would need to be known before the government or a private plaintiff could bring antitrust challenge, if the concerns prove well-founded.
He also spoke with Yahoo Finance for a story on the Match Group, a holding company that has rapidly acquired a portfolio of online dating sites, but has yet to face antitrust scrutiny for its acquisitions. Separately, he spoke with Bloomberg about Monday’s blockbuster Supreme Court opinion in Ohio v. American Express.
These stories, and Sagers’ comments in them, are the topic of discussion in other venues, like Fashion Law Blog and the industry newsletters JCK, ChannelNews, and Becker’s Hospital Review .
Professor Kalir Appears on Sirius XM Potus Radio Show
On June 29, 2018, Clinical Professor of Law Doron Kalir appeared on Sirius XM POTUS Radio’s “The Morning Briefing” show, and discussed the recently-announced retirement of Justice Anthony Kennedy from the Supreme Court. A day earlier, Professor Kalir appeared on Philadelphia WURD radio’s “Reality Check” to discuss the same issue. Professor Kalir emphasized that other than focusing on the likely shape of the future Supreme Court, it is worthwhile to linger, if just for a moment, on the reasons that caused Justice Kennedy to retire now from the Court.
Professor Plecnik Cited by U.S. Supreme Court
On June 21, 2018, the Supreme Court of the United States cited to the work of Professor John Plecnik, who serves as an Associate Professor of Law at the Cleveland-Marshall College of Law at Cleveland State University. Justice Sonia Sotomayor cited Professor Plecnik‘s article, “Officers Under the Appointments Clause,” 11 Pitt. Tax Rev. 201 (2014), in her dissenting opinion in the Supreme Court case of Lucia v. Securities and Exchange Commission. The majority held that Administrative Law Judges or ALJs at the SEC are “Officers of the United States” subject to the Appointments Clause, whereas Justice Sotomayor, joined by Justice Ginsburg, would have held such ALJs are mere employees. You can read the published works of Professor Plecnik for free on www.plecnik.org and the Lucia case is already available on the Supreme Court’s website.
Here is the link to “Officers Under the Appointments Clause”:
Here is the link to Lucia v. SEC:
Sagers Writes on U. Chicago Blog on Supreme Court Credit Card Decision
Chris Sagers, the James A. Thomas Professor of Law, wrote on ProMarket, the blog of the Stigler Center at the University of Chicago, on the Supreme Court’s decision on Monday in Ohio v. American Express. In that case, a five member majority found that “anti-steering” rules imposed by American Express on merchants who accept its cards do not violate antitrust law. Sagers considered the so-called “two-sided market” theory on which the Court founded its decision, and what its acceptance by the Court says about antitrust enforcement more generally.
Professor Kalir Testifies Before Cuyahoga County Council
On Tuesday, June 26, Clinical Professor of Law Doron Kalir testified before the Cuyahoga County Council. The Council considered proposed legislation banning discrimination against LGBTQ members based on their gender identity or sexual orientation. Professor Kalir reviewed current Supreme Court jurisprudence on the subject, explained why the legislation was critical, and ended his testimony with the following statement: “Today is my son’s ninth birthday. He hopes to grow up in a county that treats all of its members with equal dignity, acceptance, and respect. For him, and for all the children like him, I urge the Council to pass this legislation.”Many key figures of the LGBTQ activist community provided testimony and answered questions from the council members. Among those were Professor (Emerita) Susan Becker, who has been arguing LGBTQ cases for over 30 years; Alumna and Executive Director of Equality Ohio, Alana Jochum, alumna and ACLU Staff Attorney Elizabeth Bonham, and the CEO & President of NE Ohio Diversity Center, Peggy Zone Fisher.
Professor Forte’s Article Published by Cleveland State University Law Review
Cleveland State University Law Review has just published Professor David Forte’s article, Forgotten Cases: Worthen v. Thomas.
Professor Forte Presents at Conference in Warsaw, Poland
David Forte delivered a paper entitled, “From Termination to Extermination,” at a conference commemorating the 70th anniversary of the promulgation of the Universal Declaration of Human Rights, sponsored by the Forum of Rights and Freedoms, in Warsaw, Poland.
Professor Forte’s Commentary on Sveen v. Melin Published on Federalist Society Blog
David Forte’s commentary on the Supreme Court’s decision in Sveen v. Melin, dealing with the Impairment of Contracts Clause, has been published on the Blog of the Federalist Society, available here.
CSU Law Faculty 