Digital Commons Network^™

Dutch, Dana K. Cole

Akron Law Faculty Publications

The author gives a eulogy to a friend who informally served as his jury trial consultant.

Expanding Felony-Murder In Ohio: Felony-Murder Or Murder-Felony?, Dana K. Cole

Akron Law Faculty Publications

Ohio's aggravated felony-murder rule and felony-murder death penalty specification provisions apply where a death occurs “while committing or attempting to commit” certain enumerated felonies. In a line of cases beginning in 1996, the Ohio Supreme Court broadly interpreted this statutory language to include situations where the intent to commit the underlying felony was formed subsequent to the death, as a complete afterthought. With these cases, the Ohio Supreme Court departed from the majority view that the intent to commit the underlying felony must precede or co-exist with the death. The author argues that this new statutory interpretation represents an unwarranted …

The Janus-Like Nature Of Treasury Regulations: Recent Promulgations Illustrate How Regulators Can Simplify As Well As Complicate Administration Of The Internal Revenue Code, Richard Kovach

Akron Law Faculty Publications

No abstract provided.

A World Of Taxpayers? Not A Small World After All, Richard L. Lavoie

Akron Law Faculty Publications

No abstract provided.

Teaching The Amistad, Brant T. Lee

Akron Law Faculty Publications

In 1841, a Cuban slave ship called the Amistad was captured and taken into custody near Long Island. The forty-five Black people on board were alleged to be slaves, who had mutinied, murdered the captain, killed or expelled the crew and taken over the ship. Two Cubans found on the ship claimed to be their owners. There were salvage claims by the officers who captured the ship and its passengers and miscellaneous other claims by parties claiming a property interest in the ship or its cargo. The United States government intervened on behalf of the Queen of Spain in support …

The Rights Of Creditors Of Beneficiaries Under The Uniform Trust Code: An Examination Of The Compromise, Alan Newman

Akron Law Faculty Publications

The Rights of Creditors of Beneficiaries under the Uniform Trust Code: An Examination of the Compromise

The new Uniform Trust Code (the “UTC”), which recently has been introduced in the District of Columbia and six states but has not yet been enacted in any jurisdiction, is described in its prefatory note as “the first comprehensive national codification of the law of trusts.” According to its Reporter:

Crafting the provisions of Article 5 on spendthrift protection and the rights of a beneficiary’s creditors to reach the trust proved to be the most difficult task in drafting the Act. The area is …

Understanding Prophylactic Remedies Through The Looking Glass Of Bush V. Gore, Tracy A. Thomas

Akron Law Faculty Publications

This is not just another article about Bush v. Gore. Rather, this article does something that no article has done: it analyzes the impact of the textual decision in Bush v. Gore on the law of remedies. Through an examination of Bush v. Gore, this article seeks to advance a new understanding of prophylactic remedies and their proper use by the courts. This examination provides not only a clearer understanding of the Bush decision, but more importantly, develops a better understanding of prophylactic remedies and how they can legitimately be used to provide meaning and redress for legal rights. This …

Teacher Personal Characteristics And School Organizational/Contextual Factors That Contribute To Retention In The Teaching Profession, Nelson E. Diaz

Abraham S. Fischler College of Education ETD Archive

Miami-Dade County Public Schools (M-DCPS) is the area’s largest employer with 21,399 instructional professionals. During the 2000-2001 school year, 3,100 new teachers were hired in the district due mainly to growth in the student population and attrition of personnel.

The purpose of this practicum was to identify the personal and organizational factors that have contributed to teachers’ decisions to remain employed in M-DCPS during the first five years of employment. The initial cohort of teachers selected for this study was 1,015 newly hired teachers during the 1996-97 school year. The sample population selected for this study was 749 teachers from …

Evaluating The Acquisition Of Empathy And Assertiveness Skills By Students Taking A Required Communication Skills For Pharmacists Course: Application Of The Instructional Design Process And Incorporation Of New Technologies, Diane R. Johnson

Abraham S. Fischler College of Education ETD Archive

The research question addressed by this study was: What were the differences in student performance of empathy and assertiveness skills that resulted from the application of the instructional design process with the subsequent inclusion of more active learning methodologies, skill-building application activities, and new technologies for course delivery? Prior to teaching the fall 2001 Communication Skills for Pharmacists, a first year Pharmacy course within a traditional Doctor of Pharmacy Program, the course was redesigned using the instructional design process. A Performance Evaluation Form, an instrument based on documented skill criteria, was utilized with a True Experimental Posttest-Only Control Group Research …

Improving The School Climate: Ventura Elementary School, Mike Smith

Abraham S. Fischler College of Education ETD Archive

This practicum studied the dissatisfaction of the school staff with the front office and the subsequent loss of a significant number of instructional personnel. This study took place at Ventura Elementary School.

A change in the principalship and corresponding leadership style, a constant turnover of assistant principals, and a new office staff brought in by the new administration were some causes of the dissatisfaction.

This practicum identified sources of dissatisfaction through the use of a school climate survey. Research-based strategies that have been credited with improving school climate were implemented. The principal played a significant role in the implementation. The …

Sales, Carolyn L. Dessin, Keith A. Rowley, Robyn L. Meadows, Larry T. Garvin

Akron Law Faculty Publications

This article provides a comprehensive survey of significant developments in sales law under Article 2 of the Uniform Commercial Code (UCC) during the year 2001. The authors analyze key judicial decisions that interpret and apply various provisions of Article 2, covering topics such as contract formation, the statute of frauds, warranties, performance, remedies, and risk of loss. By examining these cases, the article offers insights into how courts are shaping the landscape of sales law, highlighting trends and emerging issues that practitioners and scholars should be aware of

Updating Deference: The Court’S 2001-2002 Term Sows More Confusion About Chevron, William S. Jordan Iii

Akron Law Faculty Publications

This article critically examines the U.S. Supreme Court’s treatment of Chevron deference during its 2001–2002 Term, arguing that the Court has introduced greater uncertainty into an already complex doctrine. William S. Jordan III analyzes several key cases from the term, demonstrating inconsistent applications of Chevron's two-step framework and highlighting the judiciary's lack of clarity in distinguishing between questions of law and agency discretion. He contends that the Court’s wavering approach undermines the predictability and coherence of administrative law. The article explores implications for environmental regulation and statutory interpretation, noting how judicial confusion affects agencies' ability to implement statutes effectively. Jordan …