In this Issue Vol. 116, Issue 1

Volume 116, Issue 1


Todd Grabarsky, Conflicting Federal and State Medical Marijuana Policies: A Threat to Cooperative Federalism

William E. Buelow III, Re-establishing Distributor Liability on the Internet – Recognizing the Applicability of Traditional Defamation Law to Section 230 of the Communications Decency Act of 1996

Nicholas Fromherz, From Consultation to Consent: Community Approval as a Prerequisite to Environmentally Significant Projects

Lauren Gilbert, Obama’s Ruby Slippers: Enforcement Discretion in the Absence of Immigration Reform

Nadelle Grossman, Out of the Shadows: Requiring Strategic Management Disclosure

Daniel Isaacs, Hypothetical Efficiency Is Not Grounds for Breach

William M. Janssen, Led Blindly: One Circuit’s Struggle to Faithfully Apply the U.S. Supreme Court’s Religious Symbols Constitutional Analysis

Student Notes

Ian G. Henry, The MPAA: A Script for an Antitrust Production

Justin Kearns, Let’s Do It Together: Collaboration Across Communities is Critical to the Success of Rural Accountable Care Organizations under Medicare’s Shared Savings Program

Alan J. Wilson, Regulating Away the Community Bank: An Analysis of the Costs of Current Regulations on Community Banks


photo 2 Todd Grabarsky is a law clerk on the United States District Court for the Northern District of California. He received his J.D., magna cum laude, Order of the Coif, from the Benjamin N. Cardozo School of Law in New York City. At Cardozo, Mr. Grabarsky served as Editor-in-Chief of the Cardozo Law Review and was awarded the Felix Frankfurter Faculty Award for outstanding academic achievement, diligence, and judgment. He has also served as a legal research fellow at Central European University in Budapest, Hungary. His academic work focuses on federalism and jurisdictional conflicts; in addition, he has a particular interest in law and the humanities. Mr. Grabarsky received a B.A. in English and history, magna cum laude, from the University of Pennsylvania. In October, he will begin work as an associate attorney with O’Melveny & Myers LLP before clerking on the United States Court of Appeals for the Ninth Circuit

BIll Buelow Photo William E. Buelow III currently teaches Business Law at Eastern University’s Campolo College of Graduate and Professional Studies (St. David’s, PA), where he also developed Business Law courses taught throughout the school’s B.A. and M.B.A. programs. Additionally, he has taught International Law at Trinity Western University (Langley, BC, Canada). Bill is a graduate of the Temple University School of Law (J.D., magna cum laude), Goddard College (M.A., Psychology) and Antioch University (B.A., Human Services). In addition to teaching, Bill maintains an active law and mediation practice, with prior experiences in both large-firm and public-defender environments. Bill’s prior publications include numerous articles in law review and other legal and business periodicals.

Nicholas Fromherz Nicholas Fromherz is a Visiting Assistant Professor at Lewis & Clark Law School in Portland, Oregon. He teaches in the areas of international law, environmental law, and comparative law. Before joining the faculty at Lewis & Clark, Professor Fromherz taught public international law and worked on environmental issues in Cochabamba, Bolivia. Prior to his time in Bolivia, Professor Fromherz worked as a litigation associate for Crowell & Moring LLP and as a law clerk for judges on the Seventh Circuit and the U.S. District Court for the Eastern District of Michigan. His scholarship has appeared in the Stanford Environmental Law Journal, the Washington University Global Studies Law Review, and Ecology Law Quarterly. In addition, Professor Fromherz has written a number of shorter opinion pieces – with a particular focus on Bolivian political and environmental issues – in outlets like Foreign Affairs and the International Policy Digest.

Profile pic Lauren Gilbert is a Professor of Law at St. Thomas University School of Law in Miami Gardens, Florida, where she teaches Constitutional Law I & II, Immigration Law and Family Law. She is a graduate of Harvard College (B.A. magna cum laude), where she majored in Government, and the University of Michigan Law School (J.D. cum laude). She began her legal career in Washington, D.C. at Arnold & Porter, working primarily in the area of international trade law, before traveling to Central America on a Fulbright and later serving as an investigator for the UN Truth Commission on El Salvador. She was the first director of the Women & International Law Program at American University’s Washington College of Law before moving to South Florida in 1998. She has worked as an immigration legal services attorney, trained immigration lawyers and legal service providers (including in the Commonwealth of the Northern Mariana Islands), and published extensively on immigration and constitutional law topics, with a particular focus on the immigration policymaking process. Her work has appeared in the American University Law Review, the Berkeley Journal of Employment & Labor Law, the Georgetown Journal of Legal Ethics, the Harvard Journal on Legislation, the Harvard Latino Law Review, the Miami Law Review, the Rutgers Law Review, and the Yale Law & Policy Review.

Nadelle Grossman Nadelle Grossman is an assistant Professor of Law at Marquette University Law School. She writes in the area of corporate governance and has focused much of her recent scholarship on the intersection of corporate and securities laws and strategic management. Before joining Marquette, Professor Grossman worked for over seven years in the corporate, banking, and business section of Fulbright & Jaworski L.L.P., advising clients on domestic and international business transactions. Her tenure at Fulbright included an eighteen month secondment to the International Finance Corporation, a member of the World Bank group, where she worked on international project finance transactions in the infrastructure sector.

Professor Grossman received her J.D. from Tulane Law School magna cum laude and her B.S. in Political Economy of Natural Resources from the University of California at Berkeley. While at Tulane Law School, she was named to the Order of the Coif, Order of Barristers and the Moot Court Board.

DIsaacs-Web Daniel M. Isaacs is an Adjunct Instructor of Business Ethics at the Fox School of Business, Temple University. He is Of Counsel for the law firm of Weir & Partners, LLP, and was an Associate with the law firm of White and Williams, LLP. His legal practice focused on commercial litigation among financial institutions and environmental coverage matters. Mr. Isaacs served as Counsel for the Bank of New York in its Litigation Department, where he represented the Bank in contract disputes arising out of the Bank’s business relationships. He also served as liaison to the Bank’s Corporate Security Department, where he advised the Bank’s internal security officers concerning compliance with the Bank Secrecy Act and the filing of reports with the United States Department of the Treasury. Mr. Isaacs served as Law Clerk to Sandra Schultz Newman, Ret., Justice Pennsylvania Supreme Court. He holds a J.D. from Brooklyn Law School, and a Masters in Education from the University of Pennsylvania.

Jansen William M. Janssen joined the Charleston School of Law faculty in 2006 after a lengthy practice with the mid-Atlantic law firm of Saul Ewing LLP, where he was a litigation partner, a member of the firm’s seven-person governing executive committee, and chair of the interdisciplinary Life Sciences Practice Group. He concentrated his practice in pharmaceutical, medical device, and mass torts defense and risk containment. In practice, he was involved in several high-profile drug and device cases, including the national diet drug (“fen-phen”) litigations, DES litigations, and myelographic contrast dye litigations. He has spoken and written extensively on pharmaceutical and medical device law.

Professor Janssen also focuses his scholarship on federal practice and procedure. He is the author of four national texts in this discipline. He is the sole author of Federal Civil Procedure Logic Maps (West 2d ed. 2012), a visual learning resource for federal civil procedure. He is one of three co- authors of the Federal Civil Rules Handbook (West, annually (21st ed. 2013)), and A Student’s Guide to the Federal Rules of Civil Procedure (West, annually (16th ed. 2013)). The content of the Handbook is reprinted each year as Volume 12B of the national treatise, Wright & Miller’s Federal Practice and Procedure (West). In addition, Professor Janssen is the author of various journal articles, book chapters, and bar review materials on federal civil procedure, and has lectured widely on civil procedure topics.

Professor Janssen’s scholarship also includes an emphasis on constitutional religious liberty and the Religion Clauses to the United States Constitution, an area of law on which he has written, spoken, and litigated. He is also one of several co-authors of the annual updating to Rice’s Attorney-Client Privilege in the United States, a leading treatise on the privilege.

While a student at the American University’s Washington College of Law, Professor Janssen was the executive editor of the American University Law Review, a dean’s fellow, a moot court board member, an interschool moot court competitor, and the first-year moot court champion. After law school, he served as a law clerk to a federal district court judge (Hon. James McGirr Kelly, E.D. Pa.) and to a federal court of appeals judge (Hon. Joseph F. Weis, Jr., 3d Cir.).

Before joining the Charleston School of Law faculty, Professor Janssen taught as an adjunct instructor at Temple University School of Law for five academic terms and as an adjunct teaching business law at Saint Joseph’s University.

Student Notes

I.Henry Ian G. Henry, Ian is from the small town of Ripley, West Virginia. In December of 2010, Ian completed his undergraduate curriculum early, beginning his graduate level education pursuing a master’s degree in professional accountancy at WVU. Since his enrollment at the College of Law in the fall of 2011, Ian has served as the treasurer for the Christian Legal Society, has participated in the Mugel Tax Court competition, and is now an Executive Research Editor for the West Virginia Law Review. While serving as an associate editor on Volume 115 of the Law Review, Ian received the “stellar editor” designation for his hard work during the technical editing process. In keeping consistent with his dedication to the publication, Ian received the Associate Editor of the Year award at the conclusion of the Volume 115 publication schedule.

In combination with receiving some recognition for his hard work for the journal, Ian’s student note was selected for publication in Volume 116 of the West Virginia Law Review. His note titled The MPAA: A Script for an Antitrust Production was chosen by his peers as the Best Student Note. His note parallels the questionable practices of the Motion Picture Association of America and its member production studios with the elements of the Sherman Act, proving violation of the Act through combined anticompetitive conduct. Ian served as a summer clerk in the Jackson County Prosecutor’s office and as a summer associate at Dinsmore & Shohl LLP in Charleston, WV. In his spare time, Ian enjoys singing, playing guitar, watching movies, and participating in athletics.

J.Keerns Justin Kearns Justin Kearns is a lifelong resident of West Virginia. In 2008, Justin graduated summa cum laude from Marshall University with a Bachelor of Science in Biomedical Sciences, also earning minors in chemistry and French. In addition to his studies, Justin was a member of Alpha Chi Sigma Professional Chemistry Fraternity’s Gamma Eta Chapter, where he served as Vice Master Alchemist in the spring semester of 2008. After completing his undergraduate curriculum, Justin pursued a master’s degree in Public Health, where he pursued a dual-track program: Biostatistics & Epidemiology and Healthcare Policy & Management. Justin also received a certificate in Healthcare Administration from the Public Administration program. Justin graduated with a Master of Public Health in 2011. Continuing his interest in healthcare, Justin’s student note titled Let’s Do It Together: Collaboration Across Communities is Key to Successful Rural Accountable Care Organizations under Medicare’s Shared Savings Program, which was selected for publication, addresses a portion of the Affordable Care Act from the perspective of rural providers. Since Justin’s enrollment in the College of Law in 2011, Justin has served a Dean’s Fellow in the Academic Excellence Program in his second year of law school, where he is a study session leader for Professional Responsibility. During his third year of law school, Justin will be a member of the College of Law’s Supreme Court Clinic. Last summer, Justin was a Summer Law Clerk at Frankovitch, Anetakis, Colantonio & Simon, in Weirton, WV. This summer, Justin was an intern at Chesapeake Energy Corporation in Oklahoma City, OK. In his spare time, Justin enjoys golfing, hockey, playing piano, and spending time with friends and family.

A.Wilson Alan J. Wilson, Alan J. Wilson is originally from Blacksville, West Virginia. In 2011, Alan graduated summa cum laude from the West Virginia University Honors College with a Bachelors of Science in Business Administration with a Major Emphasis in Accounting. In furtherance of that degree, Alan is applying for licensure as a Certified Public Accountant after having recently passed all four parts of the CPA exam.

In law school, Alan works as a research assistant for Professor Elaine Waterhouse Wilson and is a teaching assistant for the first-year Legal Reasoning, Research, and Writing course. Following his second year of law school, Alan worked at WilmerHale in Washington, DC, as a summer associate in the Corporate and Financial Institutions Groups. During the previous summer, Alan worked as a summer associate at Huddleston Bolen in Huntington, West Virginia. After graduation from law school, Alan will join WilmerHale in Washington, DC, and plans to practice as a corporate attorney, advising sophisticated clients on complex securities and financial regulatory matters.