Digital Commons Network^™

Is Ohio Juvenile Justice Still Serving Its Purpose?, Susan A. Burns

Akron Law Review

This Comment begins with an introduction to the history and purpose of the juvenile justice system, and the procedure for transferring juveniles to adult courts. Part II discusses the United States Supreme Court cases that began eroding the original purpose of the juvenile court by affording juveniles some of the same constitutional rights enjoyed by adult offenders. Part III focuses on Ohio's present juvenile transfer procedure to adult court, discussing the broad discretionary power given to juvenile court judges in electing to do so. Part IV describes the criteria Ohio juvenile court judges use to determine whether to transfer juveniles, …

A Historical Review Of Affirmative Action And The Interpretation Of Its Legislative Intent By The Supreme Court, Carl E. Brody Jr.

Akron Law Review

In Part I, I will discuss the history of pre-affirmative action programs. This involves an analysis of the original intent of the Fourteenth Amendment, its related remedial legislation, as well as several of the New Deal Acts prohibiting employment discrimination. Part II will analyze the advent of affirmative action, from its inception with the 1957 and 1960 Civil Rights Acts, and trace its development through Executive Orders 12250 and 12259, which constitute the last major expansion in affirmative action doctrine. Part III will examine the period between 1978 and 1991, where the Supreme Court's attempts to find a consistent interpretation …

Ohio's Administrative License Suspension: A Double Jeopardy And Due Process Analysis, Max Kravitz

Akron Law Review

This Article examines whether Ohio's imposition of an administrative license suspension "ALS" immediately upon arrest for operating a motor vehicle under the influence of alcohol "OMVI" bars a subsequent prosecution for the substantive offense.' Traditionally, administrative license suspensions have been considered civil, administrative and primarily remedial. However, increasingly punitive amendments to Ohio's ALS statutory scheme raise the substantial question of whether an ALS is truly remedial, or whether the imposition of an ALS constitutes punishment triggering double jeopardy and due process protection.

National Organization For Women V. Scheidler: Rico A Valuable Tool For Controlling Violent Protest, Suzanne Wentzel

Akron Law Review

This Note will examine the recent decision of the United States Supreme Court in National Organization for Women v. Scheidler that allows courts to apply RICO to non-economic enterprises. This Note will first discuss the problems that arise from protest, as well as a brief historical background of the RICO statute. It will further analyze the legal reasoning behind the Supreme Court's decision to apply RICO to anti-abortion protesters, and explore the possible First Amendment implications of such a decision.

"A Thug In Prison Cannot Shoot Your Sister": Ohio Appears Ready To Resurrect The Habitual Criminal Statute - Will It Withstand An Eighth Amendment Challenge?, Thomas R. Goots

Akron Law Review

The State of Ohio appears ready to pass a habitual offender statute. This Comment will take a closer look at habitual offender statutes in general and Ohio's past attempts at habitual offender statutes. The Comment will focus on the possible Eighth Amendment challenge to the proposed Ohio statute, by examining a hypothetical defendant.

Imagery, Politics, And Jury Reform, Christopher E. Smith

Akron Law Review

The Rodney King cases focused a public spotlight on the role and consequences of jury decisions at a moment in history when juries have become the objects of politically-motivated reform efforts. The juxtaposition of political reactions to the King cases and contemporary efforts to reform the power of juries provides an enlightening illustration of underlying issues about both the jury's proper role in the American governing system and the political interests pushing for jury reform.

Sentence Entrapment And Manipulation: Government Manipulation Of The Federal Sentencing Guidelines, Todd E. Witten

Akron Law Review

This Comment discusses the theory of sentence entrapment and the application of the defense. Part II provides the reader with a general overview of the events leading up to the adoption of the guidelines and the manner in which they operate.10 Part III discusses the effect of the guidelines' quantity-based approach to criminal investigations. Part IV describes the role of the traditional "entrapment" defense, and Part V details the development of the "sentence entrapment" defense. Part VI analyzes the viability of the sentence entrapment defense, suggesting possible successful methods for raising the defense, and discusses the harms caused by the …

Can Soldiers Be Peace Officers? The Waco Disaster And The Militarization Of American Law Enforcement, David B. Kopel, Paul M. Blackman

Akron Law Review

One of the most significant trends of federal law enforcement in the last fifteen years has been its militarization. The logical, perhaps inevitable, consequence of that militarization was seen in the disaster at Waco, Texas, resulting in the deaths of four federal agents, and seventy-six other men, women, and children. In this article, we use the Waco tragedy as a starting point to examine the militarization of federal law enforcement, and similar trends at the state and local level.

Part Two of this article sets forth the details and rationale of the Posse Comitatus Act--the 1878 law forbidding use of …

Fleeing Cuba: A Comparative Piece Focused On Toro And The Options Victims Of Domestic Violence Have In Seeking Citizenship In The United States And Canada, Kiersten M. Schramek

Pace International Law Review

The United States Court of Appeals for the Eleventh Circuit decided a case on February 4, 2013 that has undoubted international implications. Toro v. Sec’y dealt with the language of the Cuban Refugee Adjustment Act of 1966 (CAA) and the provisions of the Violence Against Women Act (VAWA).

This article focuses on how and why the court reached its decision. It analyzes the conflict between the “plain language” of the CAA and its statutory construction to rebut the court’s assertion that the VAWA self-petition was irrelevant in this case, and ultimately, offer an alternative analysis to this case.

This article …

Volume 52, Number 48: July 15, 2015, University Of North Dakota

University Letter Archive

No abstract provided.

Massive Corruption, Incompetence Contributed To Escape Of Notorious Drug Trafficker Chapo Guzmã¡N From High-Security Prison, Carlos Navarro

SourceMex

No abstract provided.

Estates Of Morgan V. Fairfield Family Counseling Center; Application Of Traditional Tort Law Post-Tarasoff, Todd Walker M.D.

Akron Law Review

This Note examines the Ohio Supreme Court’s reasoning in Morgan and the legal obligations of the psychotherapist. Section II delineates the background in this area of the law. Section III presents the statement of the case. Finally, Section IV analyzes the Court’s decision. Essentially, the questions to be discussed are (1) whether a duty is owed; (2) if so, to whom that duty is owed; (3) how to discharge that duty; (4) what is the applicable standard of care; and (5) why is it fair (or not) to hold the psychotherapist responsible for consequences that only indirectly affect the patient? …

Chandler V. Miller: Redefining "Special Needs" For Suspicionless Drug Testing Under The Fourth Amendment, Joy L. Ames

Akron Law Review

This Note will discuss the three Supreme Court cases that, up to now, have defined Fourth Amendment doctrine regarding suspicionless drug testing in the public sector: National Treasury Employees Union v. Von Raab, Skinner v. Railway Labor Executives’ Association, and Vernonia School District v. Acton. Specifically, this Note will focus on the "special needs" analysis as it was articulated in these cases, as well as how that analysis was altered in Chandler. This Note will then thoroughly analyze the Chandler decision, pointing out its strengths in eliminating some of the subjectivity of Fourth Amendment doctrine. It will also explain the …

Saving The World, One Cadillac At A Time: What Can Be Done When A Religious Or Chartiable Organization Commits Solicitation Fraud?, Nicholas Barborak

Akron Law Review

Recognizing that controversies involving religious and charitable organizations have puzzled the courts throughout this century, this paper will examine specific instances of religious and charitable fraud. It will discuss the potential remedies that are available by donors who fall victim to the perpetrators of this fraud. Finally this paper will suggest a more feasible method by which victims may recover than the conventional approaches.

The Utah Statesman, July, 2015, Utah State University

The Utah Statesman

Weekly student newspaper of Utah State University in Logan.

State Of Utah, Plaintiff/Appellee V. Samuel Lorin Jenkins, Defendant/Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from an order revoking and reinstating probation on a conviction for unauthorized control of a vehicle, a class a misdemeanor, in the Third Judicial District, Salt Lake County, the Honorable Vernice Trease presiding

Protecting The Wolf In Sheep's Clothing: Perverse Consequences Of The Mckennon Rule, Jenny B. Wahl

Akron Law Review

What follows is, first, a description of the typical scenarios that arise in after-acquired-evidence cases and the law surrounding McKennon. Section II discusses how the economic literature on information and signaling applies to such cases; section III elaborates upon the motives behind and the perversities of McKennon; and section IV offers conclusions.

"Nobody's Saying We're Opposed To Complying": Barriers To University Compliance With Vawa And Title Ix, Charlotte Savino

Cornell Law Library Prize for Exemplary Student Research Papers

Part I of this note will explore the government’s action in addressing sexual assault on campus, including the history of VAWA, the Clery Act, and Title IX. Part II will posit barriers to compliance, including ambiguous mandates, due process issues of private adjudication, and privacy law. Part III encapsulates the current political landscape and the laws that are under consideration. Part IV concludes with the financial and legal consequences of university action and inaction, including lawsuits brought by victims, lawsuits brought by the accused, Department of Education and Office of Civil Rights fines, and admissions consequences as prospective students actively …

Marijuana Legalization. Initiative Statute.

Initiatives

Legalizes marijuana under state law. Creates commission to regulate and license marijuana industry. Applies general retail sales taxes to marijuana, unless medical or dietary exemptions apply. Permits excise taxes on certain marijuana sales, up to 15% of retail price, and storage, up to 10% of wholesale price. Prohibits discrimination based on marijuana use. Bars marijuana testing for job applicants and employees, or penalizing employees for off-duty use, unless they are in safety-sensitive occupations. Permits local regulation of marijuana businesses, including ban or cap with voter approval. Exempts medical marijuana collectives from licensing and local zoning. Summary of estimate by Legislative …

Descriptive Analysis Of Domestic Violence And Sexual Assault Incidents Closed By The Alaska State Troopers: 2008–2011 — Final Report, Brad A. Myrstol, Khristy L. Parker

AJSAC reports

This report presents a descriptive analysis of sexual assault and domestic violence incidents closed by the Alaska State Troopers for the period January 1, 2008 through December 31, 2011, as part of an effort to systematically document the formal processing of sexual assault (SA), sexual abuse of a minor (SAM), and domestic violence incidents reported to law enforcement agencies in Alaska.

State V. Bailey Clerk's Record Dckt. 43143

Not Reported

No abstract provided.

July 13, 2015: Rummery Retreat, Seba In Spain, Summer Magazine, Saint Mary's College Of California

SMC Bulletin 2013-2020

No abstract provided.

Veteran Treatment Courts, Honorable Robert T. Russell

Touro Law Review

No abstract provided.

Mental Health Courts: Bridging Two Worlds, Honorable Matthew J. D’Emic

Touro Law Review

No abstract provided.

Payment Methods For Consumer-To-Consumer Online Transactions, David E. Sorkin

Akron Law Review

Participants in online auctions use a variety of payment mechanisms, but checks and money orders still represent the most commonly used means of payment. Credit cards afford greater protection to buyers, but until recently payment by credit card was not even an option for person-to-person transactions. However, several online payment services have been established that enable individuals to make credit card payments to one another, generally with the payment service acting as an intermediary. These services are growing rapidly, mainly because of the speed and convenience that they offer. Yet relatively little attention has been paid to the risks and …

The Constitutional Politics Of Interpreting Section 5 Of The Fourteenth Amendment, Christopher P. Banks

Akron Law Review

This essay analyzes the Rehnquist Court’s Section 5 cases by first, in Section I, establishing how the Supreme Court has historically assumed the task of interpreting Congress’ power to act under the Fourteenth Amendment. Two periods, Reconstruction and then the mid- 1960s, are examined because they present contrasting views about the scope of what the Fourteenth Amendment and its enforcement section means. Section II then surveys Section 5 cases from the Rehnquist Court in order to illustrate how its jurisprudence mirrors the antifederalist rhetoric established in the post-reconstruction era while, not surprisingly, departing from the principles set forth in the …

Major League Baseball Players Ass'n V. Garvey Narrows The Judicial Strike Zone Of Arbitration Awards, Tracy Lipinski

Akron Law Review

This note examines judicial review of arbitration awards emphasizing if and when a reviewing court can vacate an arbitrator’s award. Part II explores the goals and principles of arbitration, the benefits of arbitration, arbitration legislation, and grounds for vacating an arbitration award. Also discussed in Part II are Supreme Court decisions dealing with judicial review of arbitration awards. Part III provides a statement of the facts, the procedural history, and the United States Supreme Court decision in Major League Baseball Players Ass’n v. Garvey. Finally, Part IV analyzes the Garvey decision, argues for a broader scope of judicial review of …

Tyler V. Cain: A Fork In The Path For Habeas Corpus Or The End Of The Road For Collateral Review?, Ronn Gehring

Akron Law Review

Tyler v. Cain is the latest decision in the ongoing evolution of the retroactivity doctrine in habeas corpus proceedings. The main issue this note presents is whether a state or federal inmate may apply a new constitutional rule promulgated by the Supreme Court retroactively on collateral review through a second or successive petition for habeas corpus, even though the rule was not applicable to the inmate’s original case. Under English common law, all new rules applied retroactively on both direct and collateral review. However, a divergence has occurred under American jurisprudence as to when new constitutional rules announced by the …

Finding Time For Federal Habeas Corpus: Carey V. Saffold, Karen M. Marshall

Akron Law Review

This Note begins by looking at the history of the writ of habeas corpus in the United States. There is a brief overview of the background and history of the AEDPA, specifically targeting the changes the AEDPA made to the law of federal habeas corpus. Next, the habeas corpus procedure in California is reviewed. Finally, this Note explains the Supreme Court’s decision in Carey v. Saffold, focusing on the Court’s policy rationale and what the lack of support for habeas corpus means for the future of the writ.

Overgeneralization Of The Hot Pursuit Doctrine Provides Another Blow To The Fourth Amendment In Middletown V. Flinchum, Nathan Vaughn

Akron Law Review

Unreasonable searches of the home have often been regarded as a serious infringement upon one’s right to privacy. The right to privacy is currently recognized by a variety of governments and has existed for hundreds of years. Although the Constitution does not grant an express right to privacy, the Supreme Court has consistently acknowledged the rights of personal privacy and zones of privacy. Affording extra protection to the home seems to show that our right to privacy is at its peak behind closed doors.

Unfortunately, the list of exceptions to the warrant requirement is large and continuously growing. These exceptions …