Law Commons^™

The New Marital Property Of Employee Stock Options, Tracy A. Thomas

Akron Law Faculty Publications

One of the most valuable assets in a dissolution case today is an employee stock option (ESO). An ESO is a contractual right granted to an employee to purchase the stock of her corporate employer during a designated period of time at a predetermined price. The law, however, has failed to keep up with this modern form of employee compensation and indeed has struggled to understand this new form of property in the context of dividing and distributing marital property. Only fourteen state supreme courts to date have spoken on any aspect of this complex issue, and of these, only …

Congress' Section 5 Power And Remedial Rights, Tracy A. Thomas

Akron Law Faculty Publications

There has been continual conflict between the legislative and judicial branches regarding the authority of Congress to enact remedies for the violation of constitutional rights. Armed with the assumption that it has unlimited authority to define remedies, Congress has sought to enact legislation to alter constitutional remedies imposed by the courts. At the same time, the Supreme Court has narrowly interpreted the scope of Congress' so-called “remedial” or enforcement power under Section 5 of the Fourteenth Amendment. The legal question explored in this article is how to balance this conflict of power and resolve the respective roles of each branch …

Psychodrama And The Training Of Trial Lawyers: Finding The Story, Dana K. Cole

Akron Law Faculty Publications

The author attempts in this article to make trial lawyers and trial advocacy teachers aware of a tool called psychodrama and how it is being used in prepartation for trial and at trial.

Teaching Legal Analysis Using A Pluralistic Model Of Law, Wilson R. Huhn

Akron Law Faculty Publications

The purpose of this Article is to describe a pluralistic model of reasoning that may be used to teach the skills of legal analysis. There are different ways to categorize legal arguments. Perhaps the most common method is to identify different legal arguments with specific schools of jurisprudence or moral philosophy. This is the standard approach followed by leading scholars such as Lon Fuller. In a classic article, Fuller illustrated how a murder case could be analyzed utilizing jurisprudential frameworks such as positivism, natural law, social contract, practical wisdom, and legal realism. Another example of this method of characterizing legal …

Family Development Deductions – An Alternative To Repealing The Estate Tax, Richard Kovach

Akron Law Faculty Publications

No abstract provided.

Deputizing The Gunslingers: Co-Opting The Tax Bar Into Dissuading Corporate Tax Shelters, Richard L. Lavoie

Akron Law Faculty Publications

No abstract provided.

A Racial Trust: The Japanese Ywca And The Alien Land Law, Brant T. Lee

Akron Law Faculty Publications

When a dispute arose over the old Japanese Young Women's Christian Association (“YWCA”) building in San Francisco's Japantown neighborhood, it seemed yet another example of a community institution inevitably ceding to the demands of the modern market economy. Instead, what has resulted has been an exercise in legal archaeology, a refreshing insight into the collective memory of the Japanese American community, and a legal theory that brings to light several central episodes in Asian American legal history and puts them to practical use in a contemporary property dispute.

In 1996, the San Francisco YWCA decided it could no longer afford …