Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Assault (1)
- Battery (1)
- Death penalty (1)
- Dismissing RICO action (1)
- Drug abuse (1)
-
- Drug crime (1)
- Drug testing (1)
- Eighth Amendment (1)
- Execution of insane defendants (1)
- Failure to state a claim (1)
- Federal Rules of Civil Procedure 12(b)(6) (1)
- Federal Rules of Civil Procedure 56 (1)
- Ford sanity test (1)
- Ford v. Wainwright (1)
- Hoover v. Garfield Heights Municipal Court (1)
- Insanity (1)
- Keaton test (1)
- Labor and employment law (1)
- Lawful arrest essential to convict (1)
- Mental competency (1)
- New test of sanity (1)
- Niemes test (1)
- ORC 2949.29 (1)
- RICO action (1)
- Racketeering activity (1)
- Resistance right (1)
- Resistance to arrest (1)
- Resisting unlawful arrest (1)
- Right to privacy (1)
- Right to resist an unlawful arrest (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
Executive Order 12,564: Toward A Drug-Free Federal Workforce, Robert M. Kruger
Executive Order 12,564: Toward A Drug-Free Federal Workforce, Robert M. Kruger
Journal of Law and Health
For all of these reasons, the President issued an Executive Order on September 15, 1986, designed to achieve a drug-free federal workplace. Consistent with the President's views, it focuses on helping, not punishing, drug users. Time does not permit me to go into each of the Order's provisions in great detail. I would, however, like to offer an overview of the major provisions of the Order. In deference to the occasion, I will concentrate on the provisions of the Order which authorize the use of drug testing to achieve that objective. The Executive Order calls upon "agency heads," the chief …
Ford V. Wainwright, Statutory Changes And A New Test For Sanity: You Can't Execute Me, I'M Crazy, Steven J. Huff
Ford V. Wainwright, Statutory Changes And A New Test For Sanity: You Can't Execute Me, I'M Crazy, Steven J. Huff
Cleveland State Law Review
In Ford v. Wainwright, the Supreme Court addressed the issue of whether the Eighth Amendment prohibits the execution of an insane inmate. In answering this query, the Court created a constitutional right not to be executed while incompetent. However, the Ford decision is not only important for its creation of a "new" constitutional right, it also has the potential of nullifying several state statutes in regards to the due process requirements of hearings addressing the issue of insanity at the time of execution. The Ford decision also requires that a new test of sanity be created the test of whether …
Resisting Unlawful Arrest: A Due Process Perspective, Penn Lerblance
Resisting Unlawful Arrest: A Due Process Perspective, Penn Lerblance
Cleveland State Law Review
To resist arrest is a crime. But is it a crime if the arrest resisted is unlawful? More particularly, is a lawful arrest an issue in a trial for resisting arrest? This inquiry invokes the constitutional due process problem of proof illustrated in Hoover v. Garfield Heights Municipal Court, decided in September 1986 by the United States Court of Appeals for the Sixth Circuit. Section II discusses the Hoover case, and then Section III delves into the issue of a right to resist an unlawful arrest. Section IV explains that an unlawful arrest is authorized when there is a legislative …
Moving To Dismiss A Civil Rico Action, David J. Howard
Moving To Dismiss A Civil Rico Action, David J. Howard
Cleveland State Law Review
The use and abuse of the Racketeer Influenced and Corrupt Organizations Act ("RICO") has troubled judges and lawyers for some time while providing fertile ground for commentators. The plethora of RICO cases is equaled only by the tremendous proliferation of commentary. This Article, while admittedly contributing to this proliferation, is excusable, however, because its purpose is to facilitate summary disposition of RICO claims by providing a practical guide to achieving early dismissal under Rules 12(b)(6) and 56 of the Federal Rules of Civil Procedure. It is impossible to set forth all grounds for dismissing every RICO complaint. The scope of …