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Cover And Front Matter, Volume 32, Number 1

University of Dayton Law Review

Cover, table of contents and administrative information

Who's Afraid Of William Shakespeare? Confronting Our Concepts Of Justice And Mercy In The Merchant Of Venice, Randy Lee

University of Dayton Law Review

No abstract provided.

A Reply To The Editors Of The Michigan Journal Of Race And Law On "Grutter V. Bollinger And Civil Disobedience", Martin D. Carcieri

University of Dayton Law Review

No abstract provided.

Religion And Politics: The Catholic Contribution, James L. Heft S.M.

University of Dayton Law Review

A public lecture given at the University of Dayton Sept. 22, 2006

Taming The Nature Of The Beast: Why A Reasonable Accommodation For A Perceived Disability Should No Longer Be Considered The Ada's Necessary Evil, Kristin P. Abbinante

University of Dayton Law Review

No abstract provided.

A Look At What The Cat Dragged In: The Problems Inherent In Ohio's Commercial Activity Tax, April L. Butler

University of Dayton Law Review

No abstract provided.

Issues With The Title 11 Section 101(10a) Definition Of "Current Monthly Income": It's Not Current, Not Monthly, And Not Always Income, Philip S. Hurak

University of Dayton Law Review

No abstract provided.

The Evolution And Misinterpretation Of The Establishment Clause: Is Teaching Intelligent Design In Public Schools A Governmental Endorsement Of Religion Prohibited By The First Amendment?, Mark Hilliard

University of Dayton Law Review

No abstract provided.

Reforming Chinese Arbitration Law And Practices In The Global Economy, Zhao Xiuwen, Lisa A. Kloppenberg

University of Dayton Law Review

No abstract provided.

Determining Better Standards For Firm Resettlement, Judicial Discretion, And Immigration Administrative Practice, Matthew J. Fery

University of Dayton Law Review

Diallo v. Ashcroft

Punch Card Ballots V. Direct Record Electronic Voting: Why Ohio's Use Of Different Methods To Count Ballots Violates The Equal Protection Clause, Jason W. Hilliard

University of Dayton Law Review

Stewart v. Blackwell, 356 F. Supp. 2D 791 (N.D. Ohio 2004).

At&T Corp. V. Microsoft Corp: Closing The Deepsouth Loophole (For Good This Time), Nicholaus R. Rericha

University of Dayton Law Review

No abstract provided.

Dedication To Professor Laurence B. Wohl, Kelvin H. Dickinson, Jonathan M. Hiltz

University of Dayton Law Review

No abstract provided.

Distinguishing Fiction From Reality: The Asean Free Trade Area And Implications For The Global Auto Industry, Terence J. Lau

University of Dayton Law Review

No abstract provided.

Stealing Thunder From Government Contractors: Thwarting The Intent Of The Bayh-Dole Act In Campbell Plastics V. Brownlee, April L. Butler

University of Dayton Law Review

No abstract provided.

State-Sponsored Crime: The Futility Of The Economic Espionage Act, Susan W. Brenner, Anthony C. Crescenzi

School of Law Faculty Publications

The United States is facing an international challenge: economic espionage, the theft of our intellectual assets and proprietary information. The events of September 11, 2001, pushed the seriousness of this activity to the far recesses of the public’s consciousness. While this threat to our national security lacks the visceral impact of September 11, the long-term national security implications (a decline in economic competitiveness) stemming from the systemic theft of intellectual property has consequences no less serious than a real-world terrorist attack. Espionage targeting intellectual assets and proprietary information is driven by the international competition characterizing a global economy. Americans have …

The Anatomy Of An Image: Unpacking The Case For Tort Reform, Joshua D. Kelner

University of Dayton Law Review

Symposium issue: Tort Reform

Déjà Vu All Over Again: Ohio's 2005 Tort Reform Act Cannot Survive A Rational Basis Challenge, Janet G. Abaray

University of Dayton Law Review

Symposium issue: Tort Reform

The Evolving Civil Justice Reform Movement: Procedural Reforms Have Gained Steam, But Critics Still Focus On Arguments Of The Past, Mark A. Behrens, Andrew W. Crouse

University of Dayton Law Review

Symposium issue: Tort Reform

Killing The Golden Goose By Evaluating Medical Care Through The Retroscope: Tort Reform From The Defense Perspective, James A. Comodeca, Margaret M. Maggio, Philip J. Truax, Joshua M. Bilz

University of Dayton Law Review

Symposium issue: Tort Reform

Violating The Inviolate: Caps On Damages And The Right To Trial By Jury, Robert S. Peck

University of Dayton Law Review

Symposium issue: Tort Reform

Grutter V. Bollinger And Civil Disobedience, Martin D. Carcieri

University of Dayton Law Review

One of two articles in this issue on Grutter v. Bollinger

Affirming Michigan's Action: The Michigan Journal Of Race & Law's Response To Dr. Carcieri's Grutter V. Bollinger And Civil Disobedience, Adam Blumenkrantz, Jason Belmont Conn, Amrita Mallik, Michael Murphy

University of Dayton Law Review

One of two articles in this issue on Grutter v. Bollinger; this is a response to Martin D. Carcieri's article "Grutter v. Bollinger and Civil Disobedience."

Observations On The Folly Of Using Student Evaluations Of College Teaching For Faculty Evaluation, Pay, And Retention Decisions And Its Implications For Academic Freedom, Terence Lau, William Wines

Terence Lau

Research on student teaching evaluations is vast. An examination of this research demonstrates wide disagreements but also substantial consensus of authority for the proposition that student evaluations should be used only with extreme care, if at all, in making personnel decisions. A number of reasons cause administrators to use teaching evaluations for personnel decisions. The literature, however, is virtually unanimous in its condemnation of norming student evaluations in order to rank classroom performances. Current cases on academic freedom indicate some retrenchment by the Circuits from broader pronouncements in earlier Supreme Court cases. This paper concludes that the use of non-validated …

Distinguishing Fiction From Reality: The Asean Free Trade Area And Implications For The Global Auto Industry, Terence Lau

Terence Lau

This Article explores the ASEAN Free Trade Agreement ("AFTA") and its implications for the regional and global auto industry. Section I of this article provides a brief history of ASEAN and its attempts to integrate regionally. It outlines the reasons for regional economic integration, and traces the current literature in this area. Section II provides an overview of the current auto industry in each of the major auto-producing countries in ASEAN: Thailand, Philippines, Indonesia, Vietnam, and Malaysia. It will also explain Malaysia's protected auto industry and Malaysia's attempts to delay implementation of AFTA, and its neighboring countries' reactions. Section III …

John Marshall And Indian Land Rights: A Historical Rejoinder To The Claim Of "Universal Recognition" Of The Doctrine Of Discovery, Blake A. Watson

Blake A Watson

Contrary to the statements of John Marshall in Johnson v. McIntosh, 21 U.S. (8 Wheat.) 543 (1823), the native inhabitants of America were considered by many as the absolute and "true" owners of the lands they occupied, and could retain or transfer title to their lands as they saw fit. The founder of Rhode Island, Roger Williams, argued that Europeans could justly occupy lands in America only through purchase from the Indians. Likewise, individuals in New Jersey who based their title on Indian deeds championed native land rights in the eighteenth century. It is evident that Marshall's statement that Indians …

Neither Dead Nor Dangerous: Postmodernism And The Teaching Of Legal Writing, Adam Todd

School of Law Faculty Publications

This article explores postmodernism and its relation to the teaching of legal writing. Postmodernism is an undeniably important theory in literary criticism, composition and rhetoric and has provoked much debate in areas of legal scholarship, but it has seldom been addressed directly by legal writing scholars.

The teaching of legal writing has been greatly affected by postmodernism and can be characterized as a postmodern class in what is otherwise a modernist academy. Legal writing teachers generally teach in a modernist paradigm which seeks to normalize the law and create unitary meaning from the morass of texts and ideas which is …

Another Case In Lochner’S Legacy, The Court’S Assault On New Property: The Right To The Mandatory Enforcement Of A Restraining Order Is ‘A Sham, Nullity And Cruel Deception’, Christopher J. Roederer

School of Law Faculty Publications

No abstract provided.

The Transformation Of South African Private Law After Ten Years Of Democracy: The Role Of Torts (Delict) In The Consolidation Of Democracy, Christopher J. Roederer

School of Law Faculty Publications

Although the role of the private law has been largely ignored in studies of transitional justice, private law is a crucial component in South Africa’s transition/transformation. Contrary to the views of some commentators, the private law and delict in particular, were tainted by apartheid. Further, even if the private law of South Africa was not infected by the apartheid cancer, it acted as a carrier and facilitator of apartheid values and policies, perpetuating the inequities apartheid. While there is evidence of the cancer in apartheid case law the more serious problem was a failure of delict to progress under apartheid. …