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Standing Without Injury
It is well-established that injury in fact is an essential element of Article III standing, but should it be? Academics have long criticized the Supreme Court’s standing jurisprudence. These criticisms are now being echoed by federal judges. Judge Kevin Newsom, for one, has suggested existing standing jurisprudence has become ungrounded from constitutional text, incoherent, and administrable. He suggests abandoning injury in fact altogether, and recognizing broad congressional power to authorize causes of action to sue in federal court, subject only to those limits imposed by the executive branch’s obligation to “Take Care” that the laws are faithfully executed. In short, the limits on standing should be found in Article II rather than Article III. This article assess Judge Newsom’s proposal for standing without injury and examines the likely impacts of this approach for various areas of law. Given the increased attention to standing law, and dissatisfaction with existing standing jurisprudence, examining such alternatives to the existing standing framework is timely and important
Laboratories for Democracy? Recent Challenges and Transformations in Election Law
Event Description
Atiba R. Ellis is the Laura B. Chisolm Distinguished Research Scholar and Professor of Law at Case Western Reserve University School of Law. A nationally noted voting rights scholar, he will lead a CLE session on election law.
Recent local and national legislative enactments and court decisions have impacted the way election law currently works. While there have been some advances regarding voting rights, disputes around election integrity, voter suppression and redistricting continue to dominate the field. This lecture will review recent major judicial decisions and legislative enactments around the law of democracy and legal issues that will likely impact the 2024 election season
Investment Crowdsourcing
Event Description
‘Investment crowdfunding’ is a new and inclusive form of online venture capital market open to all investors, both retail and accredited. It’s like Kickstarter, except the backer gets a share of stock, which would be an illegal public offering of unregistered securities—absent the special exemption adopted as part of the federal JOBS Act of 2012. Since then, many other jurisdictions—including Canada, Australia and the EU—have enacted analogous legal regimes, each a bit different than the others. Schwartz recently published the definitive guide to investment crowdfunding, based on ten years of on-the-ground research, including as a Fulbright Scholar in New Zealand. He will address the law and practice of investment crowdfunding in the United States, and compare it with other jurisdictions. Speaker Bio
Andrew A. Schwartz, Professor of Law at the University of Colorado, is a leading international scholar in the field of investment crowdfunding, and the author of a new book on the subject, Investment Crowdfunding (Oxford University Press). Schwartz earned an engineering degree from Brown University and a law degree from Columbia University, then clerked for two federal judges and practiced corporate law at Wachtell, Lipton, Rosen & Katz in New York. He entered academia in 2008, when he joined the law faculty of the University of Colorado. He teaches and publishes on corporate, securities, and contract law, and his many articles have appeared in leading journals including the UCLA Law Review and the Yale Journal on Regulation. In 2017, he served as a Fulbright Scholar in New Zealand, where he studied investment crowdfundin
How the Public Utilities Commission of Ohio’s Application of the Stipulation Standard Leads to Unbalanced Proceedings
The Federal Criminal Justice Process
A distinguished panel featuring U.S. District Judge J. Philip Calabrese, U.S. Magistrate Judge James E. Grimes, Jr., Assistant United States Attorney Margaret Sweeney and Assistant Public Defender Christian Grostic will discuss their experiences and perspectives on different facets of federal criminal prosecution.
The panel will be moderated by U.S. Magistrate Judge Jennifer Dowdell Armstrong and Edmund W. Searby, Esq