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Articles 1 - 13 of 13
Full-Text Articles in Law
Getting A Head Start: More Intake Questions And Tips For Mediators, Marjorie Corman Aaron
Getting A Head Start: More Intake Questions And Tips For Mediators, Marjorie Corman Aaron
Faculty Articles and Other Publications
A party's initial inquiry to a mediator about potentially participating in a case provides many opportunities for the neutral to initiate the steps necessary for a successful resolution. This article focuses on a list of intake questions for the mediator to direct to the parties.
At First Glance: Maximizing The Mediator‘S Initial Contact, Marjorie Corman Aaron
At First Glance: Maximizing The Mediator‘S Initial Contact, Marjorie Corman Aaron
Faculty Articles and Other Publications
First moves matter. A mediator’s strategic choices during the initial contact can encourage the next steps that will produce a successful mediation, or render mediation less likely or less productive.
International Criminal Courts And Fair Trials: Difficulties And Prospects, Jacob Katz Cogan
International Criminal Courts And Fair Trials: Difficulties And Prospects, Jacob Katz Cogan
Faculty Articles and Other Publications
The question "Can international criminal courts provide defendants with fair trials?" is one that has barely been posed, let alone answered. The realm of international criminal justice is distinguished from domestic criminal justice not simply because accountability and sovereignty weigh heavier in this context, but also because of the absence of an effective counterweight to check these interests. One approach to the fair trial issue focuses on the rights delineated in the tribunals' statutes, rules of procedure and evidence, and case law. A second approach to the problem of fair trials asks, instead, whether these international courts have the independence …
Between Law And Virtue, Joseph P. Tomain, Barbara Watts
Between Law And Virtue, Joseph P. Tomain, Barbara Watts
Faculty Articles and Other Publications
Legal ethics, professional responsibility, and professionalism are timely topics as lawyers continually reevaluate the standards of their profession, particularly in light of the challenges of multidisciplinary and multijurisdictional practice, as well as the embarrassment facing lawyers involved in and surrounding the Enron collapse. In this article, our goal is to discuss how to think and talk about ethics and professionalism. By way of preview, we need to understand that ethics and professionalism use different vocabularies and, consequently, talk past each other to some extent. Our hope is that understanding the existence of these two vocabularies helps reduce the misunderstanding. Both …
Legal Context: Reading Statutes In Light Of Prevailing Legal Precedent, Bradford Mank
Legal Context: Reading Statutes In Light Of Prevailing Legal Precedent, Bradford Mank
Faculty Articles and Other Publications
An important question is when judges should consider contextual evidence about the meaning of a statute. Judges usually will read a statute's text in light of judicial precedent prevailing at the time of its enactment to understand the contemporary meaning of various words or phrases in the statute.' A more difficult issue is whether courts should consider contemporary judicial context if a statute's text is silent about an issue. The use of contemporary context to imply statutory meaning has been especially controversial where the issue is whether courts should imply a private right of action.
A Tale Of Two Lawyers In Antebellum Cincinnati: Timothy Walker's Last Conversation With Salmon P. Chase, Gordon A. Christenson
A Tale Of Two Lawyers In Antebellum Cincinnati: Timothy Walker's Last Conversation With Salmon P. Chase, Gordon A. Christenson
Faculty Articles and Other Publications
Timothy Walker's reputation today is slower to recover the same national stature he achieved while living. He was close to the founding generation, yet believed in law reform and codification to see an end of slavery and stave off chaos from the crowd and popular democracy. For a time, he was a "man of his age" in Cincinnati, where in word and deed he projected the civic republicanism of the founders into a future for the new democrats. There is no public memorial for Walker, though the obelisk monument rises in Spring Grove Cemetery and his bust is displayed prominently …
Unbuckling The Chemical Straitjacket: The Legal Significance Of Recent Advances In The Pharmacological Treatment Of Psychosis, Douglas Mossman Md
Unbuckling The Chemical Straitjacket: The Legal Significance Of Recent Advances In The Pharmacological Treatment Of Psychosis, Douglas Mossman Md
Faculty Articles and Other Publications
Antipsychotic medications figure prominently in the rapidly-growing field of mental disability law. Although the properties of antipsychotic medications are medical matters, legal scholars, judges, and practicing attorneys often need to understand what these drugs do. Yet the legal database - the principal or sole information source cited and consulted by legal thinkers - is often a source of confusion or misinformation about the actions of antipsychotic drugs and the scientific basis for prescribing them. The potential for misunderstanding antipsychotic treatment has increased since the arrival of "novel" or "aytpical" antipsychotic drugs, which cause fewer side effects than drugs that were …
What We Share, Thomas D. Eisele
What We Share, Thomas D. Eisele
Faculty Articles and Other Publications
Anyone involved in legal education today may wonder where we are, and what we are doing, in our task of teaching. While I am no better placed than anyone else to be able to offer anything approaching a synoptic view of legal education, I can still offer a few thoughts on teaching law. These thoughts are meant neither as a dire warning nor as a call to action. They are published, rather, out of a desire to share some ideas I have culled from the experience of teaching these past twenty years in law school. Teachers and students who find …
Youngstown Revisited, A. Christopher Bryant, Carl Tobias
Youngstown Revisited, A. Christopher Bryant, Carl Tobias
Faculty Articles and Other Publications
In 1952, President Harry S. Truman promulgated an Executive Order that authorized federal government seizure of the nation's steel mills to support United States participation in the Korean conflict, but the Supreme Court held that Truman lacked any power to seize the property in Youngstown Sheet & Tube Co. v. Sawyer. In 2001, President George W. Bush promulgated an Executive Order that authorized trial by military commissions of non-U.S. citizens whom the American government suspects of terrorism in domestic cases and concomitantly denied these persons access to the federal courts. This article undertakes an analysis of the Bush Executive …
Miranda's Final Frontier - The International Arena: A Critical Analysis Of U.S. V. Bin Laden, And A Proposal For A New Miranda Exception Abroad, Mark A. Godsey
Miranda's Final Frontier - The International Arena: A Critical Analysis Of U.S. V. Bin Laden, And A Proposal For A New Miranda Exception Abroad, Mark A. Godsey
Faculty Articles and Other Publications
In recent years, the FBI and other federal law agencies have greatly expanded their presence abroad, investigating everything from narcotics trade and internet fraud schemes to terrorism. This trend will undoubtedly continue in the aftermath of September 11th. A constitutional question that will be of increasing importance in this context is whether, or to what extent, U.S. law enforcement officials (hereinafter "FBI") must provide Miranda warnings to non-U.S. citizens interrogated abroad who will later be tried in the United States.
The article first addresses whether future modifications to the Miranda doctrine are permissible after Dickerson. The article concludes that despite …
Retroactive Application Of "New Rules" And The Antiterrorism And Effective Death Penalty Act, A. Christopher Bryant
Retroactive Application Of "New Rules" And The Antiterrorism And Effective Death Penalty Act, A. Christopher Bryant
Faculty Articles and Other Publications
For three decades, the application of United States Supreme Court criminal procedure decisions has confused the Court's habeas corpus jurisprudence. In 1999, the Court's decision in Williams v. Taylor might have resolved the ambiguous relationship between the pre-1996 habeas corpus retroactivity decisions - the most significant of which was Teague v. Lane - and the habeas corpus reform provisions of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). Unfortunately, the Williams decision has only engendered further confusion.
Two decades before Teague, the second Justice Harlan proposed an approach to retroactivity questions, arguing that a decision that announced …
The Past And Future Of Electricity Regulation, Joseph P. Tomain
The Past And Future Of Electricity Regulation, Joseph P. Tomain
Faculty Articles and Other Publications
Electric industry restructuring has been an activity not free from difficulties. The California energy crisis of the summer of 2000, the world crisis after September 11, as well as the implosion of Enron have raised questions about the future of electricity restructuring. As a policy matter, the move to reduce command-and-control regulation of the electric industry and to promote competition enjoys widespread support. The industry, however, is not one that can be totally deregulated. This Article argues that the California and Enron crises may slow restructuring, but restructuring should continue as a matter of sound industrial policy. In addition, the …
Protecting Intrastate Threatened Species: Does The Endangered Species Act Encroach On Traditional State Authority And Exceed The Outer Limits Of The Commerce Clause, Bradford Mank
Faculty Articles and Other Publications
After the Supreme Court decided Lopez, a number of commentators speculated about its impact on the Endangered Species Act. This Article reexamines the issue in light of Morrison and SWANCC. Part V demonstrates that, even after Lopez, Morrison, and SWANCC, the Commerce Clause reaches federal regulation of intrastate endangered or threatened species because conservation of such species has traditionally been a shared federal and state function that recognizes the legitimacy of federal regulation whenever the need for preservation is great and states have failed to address important conservation issues. Additionally, Part V shows federal regulation of endangered or threatened species …