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Articles 1 - 13 of 13
Full-Text Articles in Law
The Ohio Supreme Court's Traffic Court Rules: A Beginning Of Procedural Rule-Making, James G. France
The Ohio Supreme Court's Traffic Court Rules: A Beginning Of Procedural Rule-Making, James G. France
Akron Law Review
With a simple one-page announcement on November 14, 1967, the Supreme Court of Ohio assumed not only the power of control, but, in a sense, responsibility for, the operations of one of the most variegated collections of minor courts in the country.' The occasion was its adoption of uniform rules of practice in traffic matters for all courts inferior to the court of common pleas. In so doing it joined a limited group of some eight states, led by New Jersey, which dared to enter a potential quagmire dominated by local politicians, traffic safety zealots, civil libertarians and assorted publicity …
The Emerging Seat Belt Defense: Two Views, John A. Trerilla
The Emerging Seat Belt Defense: Two Views, John A. Trerilla
Akron Law Review
The courts have recently been concerned with the new problem of whether the law of torts imposes a legal obligation upon individuals to wear seat belts. The seat belt defense is in its formative years. It was first presented less than a decade ago, and has since been presented in approximately fifty cases. To date, less than half of the judicial jurisdictions in the country have considered the defense.
Administrative Agencies; Subpoena Power; Relevancy; Right Of Privacy; Atchison, Topeka & Sante Fe Ry. Co. V. Lopez, David L. Hostetler
Administrative Agencies; Subpoena Power; Relevancy; Right Of Privacy; Atchison, Topeka & Sante Fe Ry. Co. V. Lopez, David L. Hostetler
Akron Law Review
The Kansas Supreme Court in Sante Fe has joined the majority of states in declaring that administrative "fishing expeditions" via the use of subpoena powers are now permissible. No probable cause need be shown and confidential information may be subject to subpoena if there is even a mere possibility of relevance to a matter within the scope of the agency's authority. The state's interest in preventing discrimination in employment practices has been declared a "compelling state interest" such as to override any claims to rights of privacy. Although primarily discussing only arrest and conviction records, the court in actuality upheld …
Making And Meeting The Prima Facie Case Under The Fair Housing Act, Frederic S. Schwartz
Making And Meeting The Prima Facie Case Under The Fair Housing Act, Frederic S. Schwartz
Akron Law Review
This article will deal almost exclusively with cases in the Individual Discrimination category.
Analysis of the housing discrimination cases requires that the fundamental substantive issue and the fundamental procedural issue be carefully distinguished. The substantive issue is simply whether the Act has been violated. That issue will be ultimately decided by the jury (or the judge in a trial to the court). The fundamental procedural issue with which we shall be concerned is whether the plaintiff has established his "prima facie case."
Part II of this paper will deal with the substantive issue and Part III with the procedural one. …
Civil Rico: The Legal Galaxy's Black Hole, Virginia M. Morgan
Civil Rico: The Legal Galaxy's Black Hole, Virginia M. Morgan
Akron Law Review
The Racketeer Influenced and Corrupt Organization (RICO) statute' was enacted as part of the Organized Crime Control Act of 1970. Congress passed it in response to a growing concern over the pervasive influence of organized crime in America? The statute contains both criminal penalties and civil sanctions, and civil RICO actions are available to both the government and to private individuals. It is a complex, powerful, and controversial law. In its private civil version, RICO is evolving into something quite different from the original conception of its enactors? It offers a federal forum and mandatory treble damages with attorneys fees …
Desperately Seeking Status: Same-Sex Couples Battle For Employment-Linked Benefits, Sue Nussbaum Averill
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 Civil False Claims Act: The Need For A Heightened Burden Of Proof As A Prerequisite For Forfeiture, Frank Lasalle
The Civil False Claims Act: The Need For A Heightened Burden Of Proof As A Prerequisite For Forfeiture, Frank Lasalle
Akron Law Review
Since its inception, the False Claims Act of 1863 (FCA or the Act), also known as the "Abraham Lincoln Law," has been the federal government's chief weapon against fraud.' Enacted in response to rampant fraud committed by public contractors upon the Union government, its applicability has been extended to the areas of health care fraud, welfare fraud, and defense procurement fraud.' The False Claims Act is divided into separate civil and criminal provisions. For the most part, however, the civil portion of the Act is the primary means of Government action.
Phillips V. Awh: Changing The Name Of The Game, David Potashnik
Phillips V. Awh: Changing The Name Of The Game, David Potashnik
Akron Law Review
The Federal Circuit granted an en banc hearing of Phillips v. AWH Corp. to address the dichotomy existing in the Circuit’s jurisprudence. Because of the impact of claim construction on every litigated patent, Phillips has been deemed one of the most important cases in patent law since the landmark case of Markman v. Westview Instruments Inc. in the mid-1990s. In order to help the reader understand the implications of the case, the remainder of this Note is divided into four sections. Section II details the history and development of claim construction. Section I II discusses the Phillips case, including the …
University Of Akron School Of Law Commencement Address, Michael S. Greco
University Of Akron School Of Law Commencement Address, Michael S. Greco
Akron Law Review
University of Akron School of Law Commencement Address...I want to talk with you today about the place of the lawyer in society – your place in society. About the challenges that now confront lawyers and our profession. And about how we must respond to those challenges. I begin with the importance of an independent legal profession in America.
Prime Time For Japan To Take Another Step Forward In Lay Participation: Exploring Expansion To Civil Trials, Matthew J. Wilson
Prime Time For Japan To Take Another Step Forward In Lay Participation: Exploring Expansion To Civil Trials, Matthew J. Wilson
Akron Law Review
With Japan marking its three-year anniversary of the lay judge system, now is an ideal time to assess the progress of the new system, examine its effect on Japanese society, and explore future possibilities. More significantly, this paper asserts that the convergence of various forces makes this an ideal time to expand lay participation into the civil realm so as to enhance the justice process and fully achieve the objectives of Japan’s major legal reforms. Accordingly, this paper is separated into three sections. First, Part I details the underpinnings of Japan’s new lay judge system and examines its triumphs and …
Birthright Citizenship, Illegal Aliens, And The Original Meaning Of The Citizenship Clause, Matthew Ing
Birthright Citizenship, Illegal Aliens, And The Original Meaning Of The Citizenship Clause, Matthew Ing
Akron Law Review
This Article contends that the orthodox interpretation accurately reflects the original public meaning of ‘jurisdiction,’ and that, consequently, the consensualist interpretation is incorrect on originalist grounds. By way of supporting this contention, this Article also seeks to advance the debate regarding the Citizenship Clause in several ways. Although this Article, like others, relies upon the Clause’s legislative history for evidence of original meaning, when analyzing that history this Article also considers 1) the framing-era context of federal Indian law; and 2) the distinction between “original meaning” and “original expected application.” Moreover, in seeking relevant originalist evidence, this Article looks to …
Still Too Close To Call? Rethinking Stampp's "The Concept Of A Perpetual Union", Daniel W. Hamilton
Still Too Close To Call? Rethinking Stampp's "The Concept Of A Perpetual Union", Daniel W. Hamilton
Akron Law Review
In a classic article in the Journal of American History, which was based on his presidential address to the Organization of American Historians in 1978, the great Civil War historian Kenneth Stampp made the claim that the arguments in favor of the constitutionality of secession made by the Southern states were as strong, if not stronger than the constitutional arguments made, then and now, in opposition to secession. Stampp is to my mind the greatest Civil War historian of the 20th century and his views on secession remain required reading and are cited routinely today. This is not to say …
Symposium: Union And States' Rights: Secession, 150 Years After Sumter, Preface, Neil H. Cogan
Symposium: Union And States' Rights: Secession, 150 Years After Sumter, Preface, Neil H. Cogan
Akron Law Review
A preface to the four papers presented at the Annual Meeting of the Section on Legal History, American Association of Law Schools, held on January 7, 2011, in San Francisco.