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Articles 1 - 25 of 25
Full-Text Articles in Law
The Allen Instruction In Criminal Cases: Is The Dynamite Charge About To Be Permanently Defused?, Paul Marcus
The Allen Instruction In Criminal Cases: Is The Dynamite Charge About To Be Permanently Defused?, Paul Marcus
Faculty Publications
No abstract provided.
Pre-Retirement Qualified Plan Pay-Outs Under Erisa, Harry V. Lamon, John W. Lee
Pre-Retirement Qualified Plan Pay-Outs Under Erisa, Harry V. Lamon, John W. Lee
Faculty Publications
No abstract provided.
State Ownership Of Beds Of Inland Waters - A Summary And Reexamination, Peter N. Davis
State Ownership Of Beds Of Inland Waters - A Summary And Reexamination, Peter N. Davis
Faculty Publications
This article will summarize the basic structure of bed title law and will examine its current status under the recent Supreme Court decisions. It will then analyze the cases to determine the location of title of beds of federally nonnavigable inland waters when a state created from a federal territory asserts such title.
Board Of Curators Of The University Of Missouri V. Horowitz: Academic Versus Judicial Expertise, R. Lawrence Dessem
Board Of Curators Of The University Of Missouri V. Horowitz: Academic Versus Judicial Expertise, R. Lawrence Dessem
Faculty Publications
In Board of Curators of the University of Missouri v. Horowitz' the United States Supreme Court rejected the argument that public university students are constitutionally entitled to a hearing prior to their dismissal from school for academic reasons. In ruling against a former medical student at the University of Missouri-Kansas City, the Court concluded that "the determination whether to dismiss a student for academic reasons requires an expert evaluation of cumulative information and is not readily adapted to the procedural tools of judicial or administrative decisionmaking. ' In this article that conclusion and the several opinions in Horowitz will be …
Products Liability--Applicability Of Comparative Negligence, David A. Fischer
Products Liability--Applicability Of Comparative Negligence, David A. Fischer
Faculty Publications
Products liability and comparative negligence are two very rapidly developing fields of tort law. In recent years, the vast majority of courts have adopted strict liability for harm caused by defective products. At the same time, the doctrine of comparative negligence has changed almost overnight from a doctrine that had been accepted by only a handful of jurisdictions into what is now the majority approach in this country.
Secrecy And Real Property, Dale A. Whitman
Secrecy And Real Property, Dale A. Whitman
Faculty Publications
It is not unusual for owners of real property to wish to conceal from government or the public either the fact of their ownership or certain salient characteristics of the property they hold. The objective of this article is to consider the extent to which this desire for secrecy is supported by sound policy and American legal doctrine. It will focus on the civil recourse available to an owner of real property against private persons who, without the owner's knowledge and consent, reveal information about the ownership or physical characteristics of the property. The article will also consider whether the …
The Ohio Bill Of Rights, Paul C. Giannelli
Polygraph Evidence, Paul C. Giannelli
Defenses Under The Age Discrimination In Employment Act: Misinterpretation, Misdirection, And The 1978 Amendments, Mack Player
Defenses Under The Age Discrimination In Employment Act: Misinterpretation, Misdirection, And The 1978 Amendments, Mack Player
Faculty Publications
No abstract provided.
Products Liability--Applicability Of Comparative Negligence To Misuse And Assumption Of The Risk, David A. Fischer
Products Liability--Applicability Of Comparative Negligence To Misuse And Assumption Of The Risk, David A. Fischer
Faculty Publications
A trend is emerging to apply comparative negligence in strict products liability actions. This creates two serious difficulties. First is the question of how to compare the negligence of one party with the strict liability of the other party.
State Regulation Of Alien Land Ownership, William B. Fisch
State Regulation Of Alien Land Ownership, William B. Fisch
Faculty Publications
In the 1970's, due to a number of factors only one of which is the new-found wealth of the oil-producing nations, the volume of foreign direct investment in the United States has increased dramatically. The magnitude of this capital inflow, while it is doubtless beneficial in many respects, has caused widespread alarm over the possibility of a loss of economic sovereignty. Over the last several years efforts have been made to establish a national system of control over such investment. These efforts are continuing, but so far without conspicuous success.
Legal Services, Prisoners' Attitudes And "Rehabilitation.", Geoffrey P. Alpert, John M. Finney, James F. Short Jr
Legal Services, Prisoners' Attitudes And "Rehabilitation.", Geoffrey P. Alpert, John M. Finney, James F. Short Jr
Faculty Publications
No abstract provided.
Credibility Of Witnesses, Paul C. Giannelli
Credibility Of Witnesses, Paul C. Giannelli
Faculty Publications
No abstract provided.
Construction Has Begun, William B. Spong Jr.
Construction Has Begun, William B. Spong Jr.
Faculty Publications
No abstract provided.
The Supreme Court, Warrantless Searches, And Exigent Circumstances, Richard A. Williamson
The Supreme Court, Warrantless Searches, And Exigent Circumstances, Richard A. Williamson
Faculty Publications
No abstract provided.
The Affinity Provisions Of The Internal Revenue Code: A Case Study In Nonsimplification, Glenn E. Coven
The Affinity Provisions Of The Internal Revenue Code: A Case Study In Nonsimplification, Glenn E. Coven
Faculty Publications
No abstract provided.
The Proposed Revised Federal Criminal Code: Conspiracy Provisions, Paul Marcus
The Proposed Revised Federal Criminal Code: Conspiracy Provisions, Paul Marcus
Faculty Publications
No abstract provided.
The Proposed Ohio Rules Of Evidence: The General Assembly, Evidence, And Rulemaking, Paul C. Giannelli
The Proposed Ohio Rules Of Evidence: The General Assembly, Evidence, And Rulemaking, Paul C. Giannelli
Faculty Publications
The Ohio Supreme Court has twice promulgated and the Ohio General Assembly has twice disapproved the proposed Ohio Rules of Evidence. Moreover, the office of the Attorney General has opposed the proposed Rules in an article published in this review. The author examines the arguments against the Rules and concludes that the supreme court has the constitutional authority to prescribe most rules of evidence and that the General Assembly should accept the proposed Rules with amendments.
Eyewitness Identifications, Paul C. Giannelli
Eyewitness Identifications, Paul C. Giannelli
Faculty Publications
No abstract provided.
Fear, Risk And The First Amendment: Unraveling The Chilling Effect, Frederick Schauer
Fear, Risk And The First Amendment: Unraveling The Chilling Effect, Frederick Schauer
Faculty Publications
No abstract provided.
Federal Regulation Of Collective Bargaining By State And Local Employees: Constitutional Alternatives, Ronald C. Brown
Federal Regulation Of Collective Bargaining By State And Local Employees: Constitutional Alternatives, Ronald C. Brown
Faculty Publications
No abstract provided.
The Trade Act Of 1974 Revisited: The Need For Further Reform, Scott C. Whitney
The Trade Act Of 1974 Revisited: The Need For Further Reform, Scott C. Whitney
Faculty Publications
Approximately four months after President Ford signed into law the Trade Act of 1974,1 the first petition for import relief was filed invoking the "liberalized" provisions of Title II.2 In the three years since the effective date of the 1974 Act, the United States International Trade Commission (ITC) has instituted investigations concerning a wide variety of commodities. 3 Nonetheless, even though Congress by enacting the 1974 Act intended to minimize the President's control over trade policy and to make import relief more accessible to both industry and labor, the lTC's recommendations have rarely been followed. This article will analyze the …
Federal Environmental Review Requirements Other Than Nepa: The Emerging Challenge, Ronald H. Rosenberg, Allen H. Olson
Federal Environmental Review Requirements Other Than Nepa: The Emerging Challenge, Ronald H. Rosenberg, Allen H. Olson
Faculty Publications
No abstract provided.
Does Article V Restrict The States To Calling Unlimited Conventions Only? - A Letter To A Colleague, William W. Van Alstyne
Does Article V Restrict The States To Calling Unlimited Conventions Only? - A Letter To A Colleague, William W. Van Alstyne
Faculty Publications
From time to time, various state legislatures have adopted resolutions designed to require Congress to call a limited convention in which one or another possible amendments to the Constitution might be proposed. In 1967, thirty-two states, two short of the requisite two-thirds filed such resolutions requesting a convention for the purpose of considering an amendment to "overrule" the Supreme Court's principal reapportionment decisions. In 1971, Senator Ervin of North Carolina introduced a bill to provide guidelines to be followed upon a state call for a convention. This year, approximately twenty-eight states have adopted some kind of resolution for the purpose …
The Mobius Strip Of The First Amendment: Perspectives On Red Lion, William W. Van Alstyne
The Mobius Strip Of The First Amendment: Perspectives On Red Lion, William W. Van Alstyne
Faculty Publications
No abstract provided.