Digital Commons Network^™

Seizure By Roadblock: Decisional Law On The Constitutionality Of Drunk Driving Roadblocks, Scott Freed

Akron Law Review

This comment will examine decisions addressing the constitutionality of roadblock stops. First, it will examine Delaware v. Prouse and other Supreme Court decisions which have developed what is referred to as the neutral criteria standard for judging the reasonableness of temporary automobile seizures at roadblock-type stops. Under the neutral criteria standard, law enforcement officers may conduct suspicionless seizures of vehicles at roadblocks for certain specific purposes. The neutral criteria standard requires that the seizure be carried out pursuant to a plan embodying explicit, neutral limitations on the conduct of individual officers. Second, the comment will examine decisions which have found …

Aesthetics In Ohio Land Use Law: Preserving Beauty In The Parlor And Keeping Pigs In The Barnyard, Edward H. Ziegler Jr.

Akron Law Review

Traditional zoning restrictions on residential use, lots, and yards invariably involved what Ohio lawyer Alfred Bettman, an early supporter of urban planning, once described as an official regard for "the look of things." These traditional zoning controls though were constitutionally sanctioned on the nuisance analogy basis that such restrictions promoted the orderly development of healthy, safe and quiet residential neighborhoods. Aesthetic values generally were held to be beyond the scope of police power regulation.' In 1930, Judge Cardozo could state: "One of the unsettled questions of the law is the extent to which the concept of nuisance may be enlarged …

Decriminalizing Mental Illness: The Need For Treatment Over Incarceration Before Prisons Become The New Asylums For The Mentally Ill, Rebecca L. Brown

Psychology Summer Fellows

Currently, US prisons are home to 10 times more mentally ill individuals than state psychiatric hospitals. Instead of treating those with mental illness, an extremely vulnerable population is being thrown behind bars. Mental illness is often exacerbated during incarceration, leaving inmates much sicker than when they entered. Moreover, upon discharge mentally ill inmates have virtually no support, making recidivism almost inevitable. This lack of treatment has devastating consequences for the mentally ill as well as the community at large. Removing the mentally ill from jails and prisons would reduce recidivism, increase public safety and save money.

The current research explores …

Chhs News, College Of Health And Human Sciences, Georgia Southern University

College of Health Professions: News & Publications (2012-2023)

No abstract provided.

Adequate Assurance Of Payment Under Section 366 Of The Bankruptcy Code: A Term For Interpretive Flexibility Or Judical Confusion?, Veryl Victoria Miles

Akron Law Review

This article will focus on the interpretive struggle that the courts have encountered in making determinations of what constitutes adequate assurance of payment under section 366 and how this struggle might be eliminated so as to make compliance with the requirements of adequate assurance of payment less of a problem for the utility and bankrupt debtor. It is the thesis of this article that section 366 determinations of adequate assurance have resulted in interpretive confusion, leaving debtors and creditors with little guidance as to what criteria should be considered in negotiating an adequate assurance of payment. The recommended solution to …

United States Trust Co. V. I.R.S., Scott D. Brackett

Akron Law Review

During the course of its administration, an estate may receive income that is subject to federal income tax. When, and if, an estate receives such income the executor is faced with the task of filing the estate's income tax return along with a number of related considerations. One of the more important considerations is the allocation of the burden of such tax between the beneficiaries of the estate and the estate itself.

Subchapter J of the Internal Revenue Code provides the mechanism to allocate that burden between the beneficiaries and the estate. Generally, Subchapter J attempts to allocate the tax …

Updating Ohio's Medical Practice Act (O.R.C. 4731): Automatic And Summary Suspensions Of Physicians' Licenses, Lynne O'Neill

Akron Law Review

The main purpose of this comment is to review two major areas of change in Ohio's Medical Practice Act. The first area deals with automatic suspensions of physicians' licenses. The second area deals with summary suspensions of physicians' licenses. In both of these areas, the Ohio State Medical Board now has the authority to suspend a physician's license before conducting a disciplinary hearing.

Part I of this comment begins by reviewing the current composition of the Board so that the reader will understand how the Board functions in taking disciplinary action against a physician. Part I then explains the new …

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.

Drug-Impaired Police Officers/Fire Fighters And The Reasonable Suspicion Standard: Whose Turn It Is To Give Condolences To The Innocent Victim's Family?, Robert G. Remis

Akron Law Review

Part I of this comment will provide a brief overview of the general constitutional concerns of random drug testing. Part II will discuss random drug testing as applied to police officers and fire fighters. Part III will begin by addressing the public/private employer distinction, and the balancing of the conflicting interests. Part III will end by discussing the effects of drugs, the deterrent effect of drug testing programs, and the costs associated with employee drug use.

Arizona V. Roberson: Further Extending The Bright-Line, Ronald Mark Wells

Akron Law Review

This casenote will summarize the case scenario and holding in Arizona v. Roberson. To place Roberson in context, it will then examine the legal history of the fifth amendment right to counsel and will critically analyze Roberson by questioning the necessity of its holding, reviewing the Court's cost/benefit analysis, and examining the dangers of overextending the rule in Edwards. Finally, this casenote will discuss Roberson's potential impact.

Ohio Hazardous Material Transportation Act: An Overview, David J. Leland, Steven D. Lesser

Akron Law Review

On June 24, 1988, in Miamisburg, Ohio, Governor Richard F. Celeste signed into law H.B. 428, (known as Ohio's Hazardous Material Transportation Act, hereinafter referred to as the Act) a comprehensive legislative initiative regulating the transportation of hazardous materials. The signing of the Act was the culmination of a two year effort to solve a problem that Ohioians, and the nation as a whole, became aware of in July, 1986 in Miamisburg, Ohio. The new law provides for: a registration system with a graduated fee structure, pre-notification and route assessments for "ultra-hazardous" materials, and a civil forfeiture system with penalties …

Doomed To Repeat It: Afghanistan, Media Framing, And The Loss Of Historical Context, Bobbie Faye Maynard

Electronic Theses and Dissertations Archive

The following research study explores the theory of framing as applied to the examination of broadcast media coverage following the terrorist attacks of September 11, 2001, and leading up to the invasion of Afghanistan on October 7, 2001. This thesis provides an understanding of the role three American television networks, ABC, NBC, and CBS, played in informing their audiences of the history behind the U.S.-Afghanistan relationship. Evening news programs from each network were reviewed and coded starting on September 11, 2001, through October 7, 2001, to determine the different frames that were used. This data was compared with public opinion …

Beware Of Government Agents Bearing Trojan Horses, Brian L. Owsley

Akron Law Review

This Article addresses the use of Trojan devices by the Government to legally search computers potentially around the world. Although the Government does seek judicial authorization for these techniques based on a search warrant, there are still concerns about whether the applications meet constitutional standards as well as Rule 41 of the Federal Rules of Criminal Procedure (“Rule 41”). The use of these Trojan devices has not been addressed in current scholarship meaningfully; therefore, this Article focuses on when and how authorization of search warrant applications for these techniques are appropriate. Part II addresses the implications of the standards enunciated …

Don’T Forget About The Jury: Advice For Civil Litigators And Criminal Prosecutors On Differences In State And Federal Courts In New York, Ariel Atlas

Cornell Law Library Prize for Exemplary Student Research Papers

In civil cases, forum selection has become an integral part of litigation strategy. Plaintiffs have the initial choice of where to file a complaint, and thus where to begin a lawsuit. Defendants have the power to remove cases, under circumstances prescribed by statute, from state court to federal court. Many factors enter into the decision of where to file a complaint or whether to remove a case including convenience, applicable law, and suspected biases. But what about the jury? Should a plaintiff consider characteristics of the jury when deciding where to file a complaint or a defendant in a civil …

Prospectus, July 22, 2015, Sarah Powers, Zach Trueblood, Adam Vilmin

Prospectus 2015

STATE OF THE ART: NEW MUSIC CLASS BRINGS RECORDING STUDIO TO PARKLAND; Changes ushered in with construction on campus; Parkland a top choice for health professions; Doctors say teen's HIV in check for 12 years without drugs; David Leake, Director of Parkiand's Staerke! Planetarium; Thousands of athietes prepare for Specia! Olympics this week; $10 bill change rankles descendant of Alexander Hamilton; Planned Parenthood says video part of decadelong harassment; Summer no time for vacation for Parkland baseball; First Gig Rock campers live out rock star dreams; Jon Stewart heads into home stretch at 'Daily Show'

A New Public-Interest Appellate Model: Public Counsel's Court-Based Self-Help Clinic And Pro Bono Triage For Indigent Pro Se Civil Litigants On Appeal, Meehan Rasch

The Journal of Appellate Practice and Process

No abstract provided.

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 City Of Sandy, Plaintiff/ Appellee, Vs. Felicia Anderson, Defendant/ Appellant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a Judgement of the Third District Court of Salt Lake County, Utah, Hon. Barry G. Lawrence

Prozac: Another Drug Wrongfully Attacked - What Can Be Done To Stop The Legal System From Driving Good Drugs Off The Market, While Protecting State And Federal Interests, Melinda M. Katz

Akron Law Review

This Comment will examine the U.S. Food and Drug Administration (FDA) as a regulatory agency, and the status of pharmaceutical products liability. The Comment will describe Prozac, an antidepressant drug currently caught in the products liability dilemma; its compliance with FDA regulations; and opposition to the drug since FDA approval. The Comment will then review American problems with pharmaceutical products liability, and solutions that other commentators have proposed. Finally, the Comment will propose that Congress erect barriers to filing claims against manufacturers for drugs that meet or exceed a higher level of FDA approval, like Bendectin and Prozac, through a …

Pre-Employment Inquiries: Drug Testing, Alcohol Screening, Physical Exams, Honesty Testing, Genetics Screening - Do They Discriminate? An Empirical Study, Donald H. Stone

Akron Law Review

Statistics serve as a reminder that many disabled people continue to face obstacles in gaining access into the employment arena. This Article will reveal how disabled persons are at greater risk when employers increase their screening and testing arsenal in the job selection area.

Private Property, The Takings Clause And The Pursuit Of Market Gain, Charles H. Clarke

Akron Law Review

This Article proposes a fair return model for the takings clause. This conception of the clause has been an operating principle of welfare capitalism for decades. The Article rejects the model of laissez faire capitalism that once dominated the landscape of the nation's constitutional system and may come back again.

State V. Wolfe Clerk's Record Dckt. 43171

Idaho Supreme Court Records & Briefs, All

No abstract provided.

Newsroom: Horwitz On Ri Probation Reform, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

The Law Of Naval Warfare And China’S Maritime Militia, James Kraska, Michael Monti

International Law Studies

China operates a vast network of fishing vessels that form a maritime militia equipped and trained to conduct intelligence, communications, and targeting support for the People's Liberation Army Navy. Fishing vessels normally are exempt from capture or attack in the law of naval warfare unless they are integrated into the naval forces, but distinguishing between legitimate fishing vessels and maritime militia during naval warfare is virtually impossible.

Another Casualty Of The War . . . Vagrancy Laws Target The Fourth Amendment, T. Leigh Anenson

Akron Law Review

This Comment will review the origins of the vagrancy law and its traditional abuses. It will then examine decisions discussing the vagrancy law's constitutionality under the Due Process clause void-for-vagueness doctrine and the courts' attempted remedy of explicit standards as to place, scope, or purpose. The remainder of this Comment will discuss the constitutionality of these revised vagrancy laws under the Fourth Amendment's prohibition of unreasonable seizures.

Staffing National Health Care Reform: A Role For Advanced Practice Nurses, Linda H. Aiken, William M. Sage

Akron Law Review

Expanding access and coverage while containing costs can only be accomplished by getting more health care value for our money. Two facts about our current system make this seem possible. First, the currently uninsured are not costless. Providing stop-gap health care to those who lack health insurance is extremely expensive -- people without formal coverage cannot afford preventive services, delay treatment of illness and face substantial barriers to reaching appropriate providers. When they receive care, it is often degrading, usually complicated and costly, and more than occasionally too late. The cost of this "uncompensated" care is borne by all of …

Tortious Necessity; The Privileged Defense, John P. Finan, John Ritson

Akron Law Review

The similarities between the laws of torts in the United States of America and England enable one to make an interesting comparison between the two sets of rules applicable to the general defense of necessity. Although both tort systems are derivatives to a greater or lesser extent of the English common law, they have inevitably developed their own individual jurisprudence over the years. Concepts have been refined and extended to produce significant and curious differences which provide an interesting exercise in legal forensic. The similarities of the two tort systems make a comparative study possible, and the differences provide the …

State Sovereignty Commission Materials In The Paul B. Johnson Family Papers In The Archives Of The University Of Southern Mississippi, Bobs M. Tusa

The Primary Source

As Lieutenant Governor and Governor of the state, Paul B. Johnson received copies of regular reports prepared by the director of the Sovereignty Commission. These reports comprise nine boxes of the Paul B. Johnson Family Papers and cover the period from 1964 to 1968. The reports were clearly identified but scattered throughout the Johnson Family Papers in no order. There is much overlap between materials in the Sovereignty Commission series and those in the Highway Patrol series, since the two organizations worked together to monitor Civil Rights activities in the state from 1960 to 1968.

The collection number is M …

Desperately Seeking Status: Same-Sex Couples Battle For Employment-Linked Benefits, Sue Nussbaum Averill

Akron Law Review

This Comment will focus on the battles that gay and lesbian workers face in their attempts to attain benefit parity in the workplace and how these battles are linked to the fact that their relationships lack legal status. Part I will discuss recent judicial decisions on the issue of employment-linked benefit availability to the same-sex partners of gay and lesbian employees. Part II will review two recent decisions, which although unrelated to employment, may have set the stage for a legal redefinition of the family, and may provide a means by which same-sex couples could attain the legal status required …

The Second Rodney King Trial: Justice In Jeopardy?, Robert C. Gorman

Akron Law Review

This Comment will trace the roots of the Double Jeopardy Clause of the U.S. Constitution and provide a detailed look at the development of the dual sovereignty doctrine. After this overview, it will analyze the historical, legal and policy arguments advanced by supporters and opponents of the doctrine. It will examine proposals for altering or abolishing the doctrine. Finally, in light of the underlying analysis, it will revisit the Rodney King case and examine whether the defendants' second trial - or any successive prosecution - is justified.