Law Commons^™

Military Rules Of Evidence: Adoption Or Abrogation Of The Common Law?, Richard H. Mills

Akron Law Review

Posit: What role should the common law of evidence play in a military judge's decisions under the present rules of evidence? My conclusion is that the answer to this question is of bedrock importance to military justice.

Yet despite these differences, an understanding of the Federal Rules of Evidence and the common law precedents from which they evolved is imperative if the majority of the military rules is to be properly employed.

Tortious Necessity; The Privileged Defense, John P. Finan, John Ritson

Akron Law Review

The similarities between the laws of torts in the United States of America and England enable one to make an interesting comparison between the two sets of rules applicable to the general defense of necessity. Although both tort systems are derivatives to a greater or lesser extent of the English common law, they have inevitably developed their own individual jurisprudence over the years. Concepts have been refined and extended to produce significant and curious differences which provide an interesting exercise in legal forensic. The similarities of the two tort systems make a comparative study possible, and the differences provide the …

Refusing To Remove An Obstacle To The Remedy: The Supreme Court's Decision In Town Of Castle Rock V. Gonzales Continues To Deny Domestic Violence Victims Meaningful Recourse, Nicole M. Quester

Akron Law Review

The Supreme Court’s opinion in Castle Rock illustrates that more conscious efforts must be made by every branch of the legal system to eradicate domestic abuse. The entire legal system must work together to raise the curtain on domestic violence. Legislatures must continue to promote social change in the area of domestic violence, and courts must enforce legislation without questioning the legislature’s policy determinations. Police departments must enforce strict policies aimed at protecting the abused, while being held accountable when failing to provide any measure of protection. The legal system must heed a woman’s pleas for help and prevent court …