Law Commons^™

The Impact Of Pacifica Foundation On Two Traditions Of Freedom Of Expression (With Endress), Stephen W. Gard

Law Faculty Articles and Essays

The purpose of this article is not to debate the wisdom of the use of sensitive language on the electronic media or elsewhere. The admonition that the perceived wisdom of governmental regulations should never be confused with the issue of their constitutionality remains appropriate. Nor is it our purpose to debate the substantive question of whether the Court reached the proper result in Pacifica, although we will necessarily have much to say by implication on this issue. The purpose of this article is rather to assess the impact of Pacifica on the two traditions of freedom of expression which continue …

Egyptian Land Law: An Evaluation, David F. Forte

Law Faculty Articles and Essays

In all cases, the country adopting the Western code has attempted to infuse it with traditional values or with tenets of a particular ideology. Frequently, the inevitable dichotomy between the basic concepts of the code and the values which have been infused into it produce legal tensions. This has certainly been the case in Egypt. Traditionally, Egypt has had difficulty accommodating a growing population on a limited amount of arable land. Whether Egypt is able to remedy past maldistribution of arable land will have significant social, economic and political consequences. The success of legal reform in Egypt must be judged …

Strict Liability Come Of Age In Ohio: Almost, Stephen J. Werber

Law Faculty Articles and Essays

In June 1977 the Ohio Supreme Court decided Temple v. Wean United, Inc., and adopted the doctrine of strict liability for product liability litigation, thereby following a national trend. Earlier decisions had discussed a theory similar to strictly liability and had engendered considerable confusion as to the substantive theory supporting possibly recovery. Temple apparently ended the confusion.

On Teaching Natural Law, David F. Forte

Law Faculty Articles and Essays

With the materials at hand which this appendix has listed, an instructor can better sort and choose from all categories, so as to concentrate more effectively, on those aspects of natural law legal theory and practice which he deems valuable for his students.

Islamic Law: The Impact Of Joseph Schacht, David F. Forte

Law Faculty Articles and Essays

It is here where Schacht's service to Islamic law becomes most salutary. He has made it possible for this great legal tradition to free itself from an unthinking bondage to issues relevant to the second Islamic century, and thus open anew the gate to ijtihad. Mujtahids need no longer fear they are revising divine law when they develop the traditional norms of Islamic law beyond the confines imposed by taqlid. The Sunna of Islam remains the way of the Prophet's devout followers, even though it may not be the way of the Messenger himself. In this fashion, respect for the …

Clinical Education At The Crossroads: The Need For Direction, David R. Barnhizer

Law Faculty Articles and Essays

This Commentary rests on five premises. The first is that it is both possible and necessary to understand clinical legal education as a general instructional method. The second is that all legal educators must be more willing to reexamine and clarify the purposes of legal education and to engage in discussion about the primary educational goals to be served. The third premise is that different educational methods possess distinct capabilities for the attainment of specific educational goals and that certain applications of the clinical method are manifestly superior vehicles to facilitate learning in the area of "professional responsibility." The fourth …

Alimony And Child Support In Ohio: New Directions After Dissolution, William Tabac

Law Faculty Articles and Essays

Recent decisions by the Ohio Supreme Court will undoubtedly have significant impact upon post-dissolution alimony and child support. In rejecting basic premises upon which domestic relations courts have historically ordered such payments, the court has set new directions. Traditional notions of sex-based roles in the support of the family have been set aside and new standards, based upon the needs of the parties and the factual circumstances in particular cases, have been established. As a result, the husband's statutory duty to support his wife and children during marriage will no longer govern his responsibilities toward the family following dissolution, and …

Workmen's Compensation - Evidence - Opinion Of Non-Treating Psychiatrist Based On Claimant's Statements Held Inadmissible - Candella V. Subsequent Injury Fund, Kevin F. O'Neill

Law Faculty Articles and Essays

Discusses evidentiary requirements in Workers' Compensation cases and circuit court review of Workers' Compensation Commission decisions.

Book Review, Arthur R. Landever

Law Faculty Articles and Essays

A book review of Knowledge and Politics, Roberto Mangabeira Unger. New York: Free Press. 1975.

Book Review, Arthur R. Landever

Law Faculty Articles and Essays

Reviewing R.M. Unger, Law in Modern Society, Free Press (1976).

Product Liability: The Potential Liability Of The Advertising Agency, Stephen J. Werber, William L. Trombetta

Law Faculty Articles and Essays

In the typical products liability action, there is generally a solvent manufacturer or seller from whom the injured party may recover. One could speculate that this is the major reason why no agency has ever been joined--but should not the agency be called to account where there is no other solvent defendant, or where other reasons prevent an effective action against the principles, or where justice demands a proper sharing of liability? The authors believe that this must be answered affirmatively, and that the potential for advertising agency liability does in fact exist.

Book Review, Peter D. Garlock

Law Faculty Articles and Essays

The author reviews Thorns and Thistles: Juvenile Delinquents in the United States, 1825-1940.

Regional Commissions To Monitor Confinement Institutions: A Proposal, Arthur R. Landever

Law Faculty Articles and Essays

O N ANY GIVEN DAY, THERE ARE MORE THAN one million persons involuntarily confined within government institutions.1 Those in custody whether committed to mental institutions, jails, juvenile facilities, or prisons, are the invisible Americans. Until recently, most of us on the outside were not particularly concerned about their lot. To the extent that we knew of their existence, we were relieved that they were out of our immediate neighborhoods and that we were "protected" from them. Increasingly, however, newspaper headlines or television screens have begun to show glimpses of these inmates as they riot; widespread abuses are exposed, and authorities …

San Antonio Independent School District V. Rodriguez: On Our Way To Where?, Stephen W. Gard

Law Faculty Articles and Essays

No abstract provided.

Consular Officer's Amenability As Witness, Stephen J. Werber

Law Faculty Articles and Essays

The purpose of this paper is to examine various treaty provisions in an effort to ascertain the manner in which a consular officer's obligation to testify is set forth, the immunities given such an officer and some of the problems raised by both the obligation and the immunities.

Automotive "Crashworthiness:" An Untenable Doctrine, Stephen J. Werber

Law Faculty Articles and Essays

It is the purpose of this article to review the decisional law of automobile crashworthiness and to place it in the context of important policy considerations which justify such judicial determinations. It will be shown that the great majority of these decisions are entirely consistent with the doctine of "strict tort liability" as enunciated in section 402A of the Restatement of Torts, Second; that the questions sought to be submitted to juries in these cases are properly the subject of highly technical and complex legislative and administrative action on both a state and federal level; and that the few decisions …

Varying Death Perceptions And Their Implications, Arthur R. Landever

Law Faculty Articles and Essays

Arthur Landever discusses the Implications of differing perceptions of Death.

War Tax Refusal: Some Code Problems, William Tabac

Law Faculty Articles and Essays

Throughout our history, many individuals and groups have employed tax refusal to make their points. Frustration with government policies and cynicism about the leaders who create them are driving more and more Americans toward radical forms of dissent. Civil disobedience is on the increase and struggling for status among protestors. So far attacks against the "establishment," its mores and property, have alternated between passive law breaking, such as tax and draft refusal, to the increasingly commonplace destruction of that which the protestors detests. But the mix is not equal, and this is demonstrated dramatically in the case of tax refusal. …

The Nature Of Violence--Differing Perceptions Of Reality In America, Arthur R. Landever

Law Faculty Articles and Essays

Arthur Landever discusses the differing views concerning the definition, nature, and impact of violence.

The Nature Of College Student Perceptions In America Today (Circa 1970), Arthur R. Landever

Law Faculty Articles and Essays

Arthur Landever discusses the Nature of College Student Perceptions in America.

"The Limits Of Dissent." Presentation Delivered September 19, 1968, Arthur R. Landever

Law Faculty Presentations and Testimony

Arthur Landever discusses Civil Disobedience and the limits of Dissent and ways of expressing it.

68/02/01 Brief For The United States As Amicus Curiae, Erwin N. Griswold, Fred M. Vinson, Jr., Ralph S. Spritzer, Beatrice Rosenberg, Mervyn Hamburg

United States Supreme Court

"In sum, we believe that it is consistent with the Fourth Amendment to recognize a power in law enforcement officers to detain and question under circumstances amounting to less than probable cause for a formal arrest, and that, in exercising such power, the officer may legitimately protect himself by a frisk for dangerous weapons" -- from page 18.

67/12/12 Oral Arguments Before The Us Supreme Court, Louis Stokes, Reuben M. Payne, Earl Warren, Hugo L. Black, William O. Douglas, John M. Harlan, William J. Brennan Jr., Potter Stewart, Byron R. White, Abe Fortas, Thurgood Marshall

United States Supreme Court

Tuesday, December 12, 1967 oral arguments before the United States Supreme Court.

67/11/17 Brief Of Americans For Effective Law Enforcement, As Amicus Curiae, James R. Thompson

United States Supreme Court

"Despite the evidence which has been found of cases in which some police have abused field interrogation in some instances - evidence upon which the amicus relies so heavily - the President's Commission on Law Enforcement and Administration of Justice unanimously recommends its adoption and use :

"The Commission believes that there is a definite need to authorize the police to stop suspects and possible witnesses of major crimes, to detain them for brief questioning if they will not voluntarily cooperate, and to search such suspects for dangerous weapons when such precaution is necessary."

This Amicus Curiae requests that the …

67/11/13 Brief Of National District Attorneys Assocation Amicus Curiae, In Support Of Respondent, Harry Wood, Harry E. Sondheim, Brenden T. Byrne, Charles Moylan Jr., Evelle T. Younger

United States Supreme Court

No abstract provided.

67/11/03 Brief Of Respondent, Reuben M. Payne, John T. Corrigan

United States Supreme Court

No abstract provided.

67/10/25 Brief Of Attorney General Of The State Of New York As Amicus Curiae In Support Of Appellees, Louis J. Lefkowitz, Samuel A. Hirshowitz, Maria L. Marcus, Brenda Soloff

United States Supreme Court

New York Attorney General Amicus Curiae brief argues that police should be able to stop and question suspects whom they reasonably believe have or are planning to commit a felony.

67/10/18 Brief For Petitioner, Terry, Louis Stokes, Jack G. Day

United States Supreme Court

No abstract provided.

67/09/27 Brief Of American Civil Liberties Union, American Civil Liberties Union Of Ohio, And New York Civil Liberties Union, Amici Curiae, Thomas H. Barnard, Irwin M. Feldman, Lewis R. Katz, Bernard A. Berkman, Lewis A. Stern, Melvin L. Wulf, Alan H. Levine

United States Supreme Court

The American Civil Liberties Union (ACLU), ACLU of New York and New York Civil Liberties Union's Amici Curiae Brief arguing against the "stop-and-frisk" practice as seen in Terry v. Ohio and Chilton v. Ohio, Peters v. New York, and Sibron v. New York.

67/08/31 Brief For The N.A.A.C.P Legal Defense And Educational Fund, Inc., As Amicus Curiae, Jack Greenberg, James M. Nabrit Iii, Michael Meltsner, Melvyn Zarr, Anthony G. Amsterdam, William E. Mcdaniels Jr.

United States Supreme Court

"The Court should hold that neither stops nor frisks may be made without probable cause. In each of these cases, the judgment of conviction should be reversed" -- conclusion, p. 69.