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Articles 1 - 21 of 21
Full-Text Articles in Law
Restriction Of Tort Remedies And The Constraints Of Due Process: The Right To An Adequate Remedy, Tracy A. Thomas
Restriction Of Tort Remedies And The Constraints Of Due Process: The Right To An Adequate Remedy, Tracy A. Thomas
Akron Law Faculty Publications
In the recent proliferation of tort reform statutes, the dangerous clause of remedial jurisdiction stripping has sneaked into the law. Reminiscent of federal statutes in other areas of the law, these jurisdictional provisions strip courts of all power to award punitive or non-pecuniary damages in excess of legislative limits. Many states have acted to restrict frivolous claims and excessive recoveries by cabining “McTorts” and “runaway juries.” Regardless of the merits of these policy questions, the use of the simple expedient of remedial jurisdiction to accomplish these purposes raises significant concerns. By arbitrarily restricting an individual’s right to a meaningful remedy, …
Restriction Of Tort Remedies And The Constraints Of Due Process: The Right To An Adequate Remedy, Tracy A. Thomas
Restriction Of Tort Remedies And The Constraints Of Due Process: The Right To An Adequate Remedy, Tracy A. Thomas
Tracy A. Thomas
In the recent proliferation of tort reform statutes, the dangerous clause of remedial jurisdiction stripping has sneaked into the law. Reminiscent of federal statutes in other areas of the law, these jurisdictional provisions strip courts of all power to award punitive or non-pecuniary damages in excess of legislative limits. Many states have acted to restrict frivolous claims and excessive recoveries by cabining “McTorts” and “runaway juries.” Regardless of the merits of these policy questions, the use of the simple expedient of remedial jurisdiction to accomplish these purposes raises significant concerns. By arbitrarily restricting an individual’s right to a meaningful remedy, …
Preparing New Students For Legal Practice In A "Flat World", Martin H. Belsky
Preparing New Students For Legal Practice In A "Flat World", Martin H. Belsky
Akron Law Faculty Publications
I went to a law school [Columbia University] specifically because of their international program and became involved with almost all aspects of that program--which they called “transnational law.” I also did graduate work in International Affairs and Law. I was, and am, committed to incorporating transnational law concepts into the law school program. And I have had administrative responsibilities that have made me take a pragmatic approach to reaching that goal.
During this workshop, we have heard many ideas about bringing transnational law and issues into the first year curriculum. We have heard descriptions of the actions of individual faculty …
Elizabeth Cady Stanton On The Federal Marriage Amendment: A Letter To The President, Tracy A. Thomas
Elizabeth Cady Stanton On The Federal Marriage Amendment: A Letter To The President, Tracy A. Thomas
Akron Law Faculty Publications
This essay written from a historical, first-person perspective explores the parallels between the current movement for a Federal Marriage Amendment and that of the nineteenth century through the lens of feminist Elizabeth Cady Stanton. Using the archival sources of Stanton’s articles and speeches from 1880 to 1902, the paper identifies her key arguments opposing a constitutional standard of marriage. The paper then juxtaposes Stanton’s arguments against the 2004 Federal Marriage Amendment to reveal the continued relevance and import of her insights.
Stanton’s analytical platform attacked the core pretexts of federalism and gender that fueled the proposed marriage amendment in her …
Elizabeth Cady Stanton On The Federal Marriage Amendment: A Letter To The President, Tracy A. Thomas
Elizabeth Cady Stanton On The Federal Marriage Amendment: A Letter To The President, Tracy A. Thomas
Tracy A. Thomas
This essay written from a historical, first-person perspective explores the parallels between the current movement for a Federal Marriage Amendment and that of the nineteenth century through the lens of feminist Elizabeth Cady Stanton. Using the archival sources of Stanton’s articles and speeches from 1880 to 1902, the paper identifies her key arguments opposing a constitutional standard of marriage. The paper then juxtaposes Stanton’s arguments against the 2004 Federal Marriage Amendment to reveal the continued relevance and import of her insights. Stanton’s analytical platform attacked the core pretexts of federalism and gender that fueled the proposed marriage amendment in her …
Personal And Political Bias In The Debate Over Federal Income Taxation Rates And Progressivity, Richard J. Kovach
Personal And Political Bias In The Debate Over Federal Income Taxation Rates And Progressivity, Richard J. Kovach
Akron Tax Journal
Unlike the commentaries of flat tax proponents, this article will not attempt to dispel the notion of progressive taxation. Rather, this article will first question whether professors who write about tax policy can as a group reach unbiased conclusions about progressivity policy. Next, this article will address a few progressivity concepts that fuel taxation debates. Finally, this commentary will outline some ideas for structuring the federal income taxation system in ways that reduce political rancor and potentially create reasonable acceptance by tax producers, tax beneficiaries, and their respective advocates.
Taxation Of Below-Market Loans Under 7872: This Could Be A Lot Simpler!, John A. Lynch Jr.
Taxation Of Below-Market Loans Under 7872: This Could Be A Lot Simpler!, John A. Lynch Jr.
Akron Tax Journal
This article will explore § 7872: what it is, why it was enacted, how it has developed judicially and administratively since its enactment, and how it might be improved - mostly by reducing its complexity. It shall be contended generally that the "reform" intended with respect to § 7872 in several instances overshot the mark and serves no useful purpose.
Attaining U.S. Effectively Connected Income In The Aftermath Of The American Jobs Creation Act Of 2004 And Its Aim To Repeal Extraterritorial Income Exclusion, David Lebron
Akron Tax Journal
This paper seeks to propose the construction of ways to facilitate investment in the United States, a suggested mapping, if you will. To that point where U.S. source income is created, it becomes imperative to effect some balance and accomplish an offset regarding the projected decrease in federal revenues resulting from the provisions within the Act, estimated at net $14.5 billion through year 2009, $5.7 billion accounted for in 2005 alone.
Bright Line, Dim Prospects: Grupo Dataflux V. Atlas Global Group, L.P. Reaffirms A Bright Line Barrier To Diversity Jurisdiction For Limited Partnerships And Other Unincorporated Entities, Amy Friedmann
Akron Tax Journal
This Note examines how these two policy decisions changed the landscape of diversity jurisdiction for limited partnerships and other unincorporated entities. It argues that, despite the Grupo majority's expressed rationale of adhering to time of filing precedent, a rule that requires complete diversity between parties to exist at the time of filing, the majority actually reaffirmed and clarified the scope of the Caterpillar exception to the time of filing rule. This Note further argues that the real impetus for the majority's decision was the fear that any tinkering with the bright-line rule of Carden, which requires courts to count the …
Unintended Consequences Of The Fourteenth Amendment And What They Tell Us About Its Interpretation, Richard L. Aynes
Unintended Consequences Of The Fourteenth Amendment And What They Tell Us About Its Interpretation, Richard L. Aynes
Akron Law Faculty Publications
The Fourteenth Amendment has been compared to “second American Constitution.” Indeed, it is said that more litigation is based upon the Fourteenth Amendment or its implementing statutes than any other provision of the Constitution. As one would imagine for such an important charter of government, there is a substantial—and some might say overwhelming—body of scholarship on the “intent,” “meaning,” and “understanding” of the Fourteenth Amendment.
Much of the literature, understandably, seeks to find out what the framers of the amendment or the ratifiers of the amendment “intended.” What did they want to accomplish by adopting this amendment? This article treats …
Constitutional Jurisprudence Of Sandra Day O'Connor: A Refusal To "Foreclose The Unanticipated", Wilson R. Huhn
Constitutional Jurisprudence Of Sandra Day O'Connor: A Refusal To "Foreclose The Unanticipated", Wilson R. Huhn
Akron Law Faculty Publications
Earlier this year, Justice Sandra Day O’Connor retired from the Supreme Court of the United States after 25 years of service. It would be difficult to overstate the impact that Justice O’Connor has had on the interpretation of the Constitution during her tenure on the Court. Her importance to the development of American constitutional law stems from her central position on the Supreme Court. Professor Erwin Chemerinsky has described her role in these terms:
O’Connor is in control. In virtually every area of constitutional law, her key fifth vote determines what will be the majority’s position and what will be …
State Action Doctrine And The Principle Of Democratic Choice, Wilson R. Huhn
State Action Doctrine And The Principle Of Democratic Choice, Wilson R. Huhn
Akron Law Faculty Publications
The state action doctrine is somewhat of a mystery to law students, legal scholars, lawyers, and judges. It is a key component of the Fourteenth Amendment--a threshold requirement that must be satisfied before triggering protection of our fundamental rights--but the doctrine itself seems to be curiously without purpose, a collection of arbitrary rules that impede constitutional protection of liberty, equality, and fairness for no good reason. Nearly forty years ago, Professor Charles Black called the state action doctrine “a conceptual disaster area” and characterized scholarly commentary upon it as “a torchless search for a way out of a damp echoing …
Personal And Political Bias In The Debate Over Federal Income Taxation Rates And Progressivity, Richard Kovach
Personal And Political Bias In The Debate Over Federal Income Taxation Rates And Progressivity, Richard Kovach
Akron Law Faculty Publications
Recently, the Boston College Law Review published a symposium issue containing twelve articles on federal income taxation issues pertaining to rates, progressivity, and budget processes. These articles are well written, copiously researched, and representative of contemporary legal scholarship. For the most part, these articles variously support the idea that our federal taxation system is insufficiently progressive. Often this body of work attributes deleterious social effects to insufficient progressivity caused by tax cuts legislated in 2001 and 2003. Some of the symposium writing advocates for increased federal taxation on wealthy taxpayers without structural limitations beyond those that might be necessary to …
Powers Of Withdrawal, Claims For Set-Off, And Spendthrift Protection, Alan Newman
Powers Of Withdrawal, Claims For Set-Off, And Spendthrift Protection, Alan Newman
Akron Law Faculty Publications
If a beneficiary of a spendthrift trust has a right to withdraw property from the trust, may the beneficiary’s creditors reach the assets subject to the withdrawal power? That was the principle question recently addressed by the 1st District Court of Appeals in Great American Insurance Company v. Thompson Trust. Also of interest: the case may have involved an offset by the trustee of amounts distributable to the beneficiary to repay amounts owed by the beneficiary to the trust.
“Statistical Judo”: The Rhetoric Of Senate Inaction In The Judicial Appointment Process, E. Stewart Moritz
“Statistical Judo”: The Rhetoric Of Senate Inaction In The Judicial Appointment Process, E. Stewart Moritz
Akron Law Faculty Publications
This article first briefly summarizes the issues that arise in the lower-court judicial confirmation process, and examines how the issues differ from those that arise during the confirmation of Supreme Court justices. The article considers constitutionally-based differences as well as practical differences in Senate and Executive behavior that have developed during more than two centuries of judicial confirmations.
The body of the article offers a chronological history and critique of the rhetoric of both Republican and Democratic senators in discussing lower-court confirmations during the 107th Congress. This congressional session, spanning the years 2001 to 2002, was a particularly interesting one …
Report On Hb 416: The Ohio Trust Code As Enacted, Alan Newman
Report On Hb 416: The Ohio Trust Code As Enacted, Alan Newman
Akron Law Faculty Publications
Report on HB 416: The Ohio Trust Code As Enacted
This Report begins with a discussion of policy considerations related to the 2007 enactment of the Ohio Trust Code (OTC). Next, it discusses how the OTC will be incorporated into the Ohio Revised Code. The Report then discusses many of the OTC’s provisions, in the same order as those provisions are included in the OTC. The focus of the discussion of OTC provisions is on those that will change existing Ohio law, or that are changes from the Uniform Trust Code (UTC). Thus, the Report does not provide a general …
Powers Of Withdrawal, Claims For Set-Off, And Spendthrift Protection, Alan Newman
Powers Of Withdrawal, Claims For Set-Off, And Spendthrift Protection, Alan Newman
Alan Newman
If a beneficiary of a spendthrift trust has a right to withdraw property from the trust, may the beneficiary’s creditors reach the assets subject to the withdrawal power? That was the principle question recently addressed by the 1st District Court of Appeals in Great American Insurance Company v. Thompson Trust. Also of interest: the case may have involved an offset by the trustee of amounts distributable to the beneficiary to repay amounts owed by the beneficiary to the trust.
Unintended Consequences Of The Fourteenth Amendment And What They Tell Us About Its Interpretation, Richard L. Aynes
Unintended Consequences Of The Fourteenth Amendment And What They Tell Us About Its Interpretation, Richard L. Aynes
Richard L. Aynes
The Fourteenth Amendment has been compared to “second American Constitution.” Indeed, it is said that more litigation is based upon the Fourteenth Amendment or its implementing statutes than any other provision of the Constitution. As one would imagine for such an important charter of government, there is a substantial—and some might say overwhelming—body of scholarship on the “intent,” “meaning,” and “understanding” of the Fourteenth Amendment. Much of the literature, understandably, seeks to find out what the framers of the amendment or the ratifiers of the amendment “intended.” What did they want to accomplish by adopting this amendment? This article treats …
Personal And Political Bias In The Debate Over Federal Income Taxation Rates And Progressivity, Richard Kovach
Personal And Political Bias In The Debate Over Federal Income Taxation Rates And Progressivity, Richard Kovach
Richard Kovach
Recently, the Boston College Law Review published a symposium issue containing twelve articles on federal income taxation issues pertaining to rates, progressivity, and budget processes. These articles are well written, copiously researched, and representative of contemporary legal scholarship. For the most part, these articles variously support the idea that our federal taxation system is insufficiently progressive. Often this body of work attributes deleterious social effects to insufficient progressivity caused by tax cuts legislated in 2001 and 2003. Some of the symposium writing advocates for increased federal taxation on wealthy taxpayers without structural limitations beyond those that might be necessary to …
Preparing New Students For Legal Practice In A "Flat World", Martin H. Belsky
Preparing New Students For Legal Practice In A "Flat World", Martin H. Belsky
Martin H. Belsky
I went to a law school [Columbia University] specifically because of their international program and became involved with almost all aspects of that program--which they called “transnational law.” I also did graduate work in International Affairs and Law. I was, and am, committed to incorporating transnational law concepts into the law school program. And I have had administrative responsibilities that have made me take a pragmatic approach to reaching that goal.
During this workshop, we have heard many ideas about bringing transnational law and issues into the first year curriculum. We have heard descriptions of the actions of individual faculty …
Report On Hb 416: The Ohio Trust Code As Enacted, Alan Newman
Report On Hb 416: The Ohio Trust Code As Enacted, Alan Newman
Alan Newman
Report on HB 416: The Ohio Trust Code As Enacted
This Report begins with a discussion of policy considerations related to the 2007 enactment of the Ohio Trust Code (OTC). Next, it discusses how the OTC will be incorporated into the Ohio Revised Code. The Report then discusses many of the OTC’s provisions, in the same order as those provisions are included in the OTC. The focus of the discussion of OTC provisions is on those that will change existing Ohio law, or that are changes from the Uniform Trust Code (UTC). Thus, the Report does not provide a general …