Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Abusive work environment (1)
- Affirmative action (1)
- And Liability Act (1)
- Avoidance Canon (1)
- CERCLA (1)
-
- Civil Rights Act of 1964 (1)
- Compensation (1)
- Comprehensive Environmental Response (1)
- Confrontation cases (1)
- Confrontation clause (1)
- County of Allegheny (1)
- Crawford (1)
- Defamation (1)
- Discrimination (1)
- Due process clause (1)
- EPA (1)
- Eighth Amendment (1)
- Enabling Act (1)
- Environmental protection (1)
- Erie (1)
- Escobedo (1)
- Establishment Clause (1)
- Excessive Fines Clause (1)
- Fair Comment (1)
- Fifth amendment (1)
- First Amendment (1)
- First Amendment (1)
- Flag burning (1)
- Fourteenth Amendment (1)
- Fourteenth amendment (1)
Articles 1 - 10 of 10
Full-Text Articles in Jurisprudence
Escobedo And Miranda Revisited, Arthur J. Goldberg
Escobedo And Miranda Revisited, Arthur J. Goldberg
Akron Law Review
Shortly before the close of the 1983 term, the Supreme Court of the United States decided two cases, U.S. v. Gouveia and New York v. Quarles, which in effect overruled Escobedo v. Illinois and undermined Miranda v. Arizona.
Meritor Savings Bank V. Vinson: The Supreme Court's Recognition Of The Hostile Environment In Sexual Harassment Claims, Victoria T. Bartels
Meritor Savings Bank V. Vinson: The Supreme Court's Recognition Of The Hostile Environment In Sexual Harassment Claims, Victoria T. Bartels
Akron Law Review
This casenote will examine Meritor Savings Bank v. Vinson in light of the brief legal history of Title VII sexual harassment claims and will consider the implications of both the Court's holding and its dicta regarding the undecided issues.
Pennsylvania V. Union Gas Company: The Supreme Court Employs The Wrong Means To Reach The Proper End, Christopher A. Brodman
Pennsylvania V. Union Gas Company: The Supreme Court Employs The Wrong Means To Reach The Proper End, Christopher A. Brodman
Akron Law Review
This casenote reviews the facts of Union Gas, the history of eleventh amendment jurisprudence, and the purposes of CERCLA. The note critically analyzes the Supreme Court's approach to evading eleventh amendment immunity. Finally, the note contemplates the impact of Union Gas on CERCLA and eleventh amendment law.
Of Flags And Menorahs: The Power Of Individual And Governmental Symbolic Speech, Mark F. Kohler
Of Flags And Menorahs: The Power Of Individual And Governmental Symbolic Speech, Mark F. Kohler
Akron Law Review
The aim of this article will be to explore the nature of symbolic speech, both individual and governmental. Using Johnson and Allegheny County as a backdrop, four themes will emerge from the article. First, both individuals and government speak and speak powerfully through symbols and symbolic conduct. Second, medium-based regulation of individual speech should receive careful judicial scrutiny. Third, unlike individual symbolic expression, governmental symbolic speech is subject to substantial content-based restrictions. Finally, careful distinctions must be drawn between government-initiated symbolic speech and governmental endorsement of individual symbolic speech.
Holland V. Illinois: Sixth Amendment Fair Cross-Section Requirement Does Not Preclude Racially-Based Peremptory Challenges, Debra L. Dippel
Holland V. Illinois: Sixth Amendment Fair Cross-Section Requirement Does Not Preclude Racially-Based Peremptory Challenges, Debra L. Dippel
Akron Law Review
This note recaps the Supreme Court's previous decisions regarding defendant's objections to jury composition, including both equal protection and fair cross-section requirement analyses. It also discusses Holland, examines the various opinions in the case, and reviews the arguments for and against abolishing peremptory challenges. Finally, the note proposes a solution for the questions which Holland leaves unanswered.
Milkovich Vs. Lorain Journal Co.: Is The Supreme Court "Holding The Balance True" In Defamation Actions?, Sheila Noonan
Milkovich Vs. Lorain Journal Co.: Is The Supreme Court "Holding The Balance True" In Defamation Actions?, Sheila Noonan
Akron Law Review
This Note examines the background of defamation law and the Milkovich court's reasoning. The Note will discuss the Milkovich test's ability to distinguish fact from opinion and its potential future impact on broadcasters and journalists in the United States.
Mugwump, Mediator, Machiavellian, Or Majority? The Role Of Justice O'Connor In The Affirmative Action Cases, Thomas R. Haggard
Mugwump, Mediator, Machiavellian, Or Majority? The Role Of Justice O'Connor In The Affirmative Action Cases, Thomas R. Haggard
Akron Law Review
The purpose of this article is to provide a critical analysis of Justice O'Connor's affirmative action opinions. It will show that while her early record provides justification for all three characterizations, her more recent decisions suggest the emergency of a more favorable image. Her opinions in Croson and Media Broadcasting reflect the realization that a narrow, hair-splitting approach to this critical social and constitutional crisis will do little to hasten its resolution; that there is apparently no form of affirmative action that the liberal wing of the Court is unwilling to endorse, making her consensus by compromise approach a futile …
The Constutionality Of Punitive Damages: Pacific Mutual Life Insurance Company V. Cleopatra Haslip, Thomas P. Mannion
The Constutionality Of Punitive Damages: Pacific Mutual Life Insurance Company V. Cleopatra Haslip, Thomas P. Mannion
Akron Law Review
This Note examines the history of the constitutional challenges to the doctrine of punitive damages. Next, this Note explores the Supreme Court's decision in Haslip. Finally, this Note examines the ramifications of the Haslip decision.
Finding Nino: Justice Scalia's Confrontation Clause Legacy From Its (Glorious) Beginning To (Bitter) End, Joëlle Anne Moreno Professor
Finding Nino: Justice Scalia's Confrontation Clause Legacy From Its (Glorious) Beginning To (Bitter) End, Joëlle Anne Moreno Professor
Akron Law Review
Until very recently, Justice Scalia has steered the Court’s modern confrontation jurisprudence. However, as discussed below, his leadership is increasingly threatened by deep divisions on questions of historical accuracy, constitutional interpretation, and the practical realities of twenty-first century criminal prosecutions.
Reassessing The Avoidance Canon In Erie Cases, Bernadette Bollas Genetin
Reassessing The Avoidance Canon In Erie Cases, Bernadette Bollas Genetin
Akron Law Review
This Article chronicles the Supreme Court’s inconsistent use of an avoidance canon in cases construing the substantive rights limitation of the Rules Enabling Act (Enabling Act or REA). It focuses primarily on the avoidance canon as used in cases under the REA branch of the Erie doctrine but also discusses avoidance in other REA contexts. The Article concludes that a reassessment and refocusing of the avoidance canon in Enabling Act jurisprudence is necessary... This Article explores the purposes and methodology that should guide avoidance in REA cases... I focus, in this Article, primarily on a subset of this group of …