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Articles 31 - 35 of 35
Full-Text Articles in Law
Editor's Observations: The Geology Of Drug Policy In 2002, Frank O. Bowman Iii
Editor's Observations: The Geology Of Drug Policy In 2002, Frank O. Bowman Iii
Faculty Publications
Public concern about drug abuse as a major issue in American life may be ebbing. The notion that "the drug war is a failure" has become the common wisdom in academic and journalistic circles. Support for routine and lengthy imprisonment of non-violent drug offenders may be eroding, even among the prosecutors, police, and judges whose job it is to enforce the law. Anger among African American, Latino, and other minority communities at the perceived discriminatory enforcement of drug laws is simmering and may begin to boil over in ways that effect the political terrain. And after the events of September …
Quiet Rebellion Ii: An Empirical Analysis Of Declining Federal Drug Sentences Including Data From The District Level With Michael Heise, Frank O. Bowman Iii, Michael Heise
Quiet Rebellion Ii: An Empirical Analysis Of Declining Federal Drug Sentences Including Data From The District Level With Michael Heise, Frank O. Bowman Iii, Michael Heise
Faculty Publications
This is the second of two articles in which we seek an explanation for the hitherto unexamined fact that the average length of prison sentences imposed in federal court for narcotics violations declined by more than 15% between 1991-92 and 2000.
The Uniform Trust Code (2000) And Its Application To Ohio, David M. English
The Uniform Trust Code (2000) And Its Application To Ohio, David M. English
Faculty Publications
This article provides an overview of the U.T.C., focusing on how its enactment would change existing Ohio law. The drafting of the U.T.C. was prompted by the much greater use of trusts in recent years. This greater use of the trust and consequent rise in the number of day-to-day questions involving trusts led to a recognition by the Commissioners that the trust law in most states is thin, leaving many gaps between the often few statutes and reported cases
The Establishment Clause As A Structural Restraint: Validations And Ramifications, Carl H. Esbeck
The Establishment Clause As A Structural Restraint: Validations And Ramifications, Carl H. Esbeck
Faculty Publications
The opening phrase of the First Amendment to the U.S. Constitution provides, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." The free exercise clause functions as an individual right with its purpose being to forestall personal religious harm. Its underlying principle is that in religious matters a person ought to be free of coercion caused by the government and thereby not made to suffer for cause of conscience. The function of the establishment clause is altogether different, for its purpose is to restrain government from using its powers to act on matters …
Statement Before The United States House Of Representatives Concerning Charitable Choice And The Community Solutions Act , Carl H. Esbeck
Statement Before The United States House Of Representatives Concerning Charitable Choice And The Community Solutions Act , Carl H. Esbeck
Faculty Publications
First, charitable choice imposes on both government and participating faith-based organizations (FBOs) the duty to not abridge certain enumerated rights of the ultimate beneficiaries of these welfare programs. Second, the statute imposes on government the duty to not intrude into the institutional autonomy of faith-based providers. Third, the statute reinforces the government's duty to not discriminate with respect to religion when determining the eligibility of private-sector providers to deliver social services.