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Articles 91 - 97 of 97
Full-Text Articles in Law
Shari'ah Law As National Security Threat?, Cyra Akila Choudhury
Shari'ah Law As National Security Threat?, Cyra Akila Choudhury
Akron Law Review
The Article proceeds in three parts: in Part II, the Article describes three anti-shari’ah measures. It describes Oklahoma’s Save Our State amendment to show how these laws target Islam. It also reviews the recent decision by the Tenth Circuit Court of Appeals affirming the grant of a preliminary injunction against the certification of Oklahoma’s constitutional amendment. It then describes Arizona’s law that targets shari’ah as well as other legal traditions. It also examines the original version of the Tennessee bill to illustrate the motivations behind the revised, watered down version that was eventually passed by the legislature. Part II concludes …
A Tribute To The Honorable Sam H. Bell ('52), Richard L. Aynes, Margaret Andreeff Matejkovic
A Tribute To The Honorable Sam H. Bell ('52), Richard L. Aynes, Margaret Andreeff Matejkovic
Akron Law Review
The late Judge Sam H. Bell (’52) saw the powerful effect of, and beauty in, words. He wrote and spoke them with precision, with thoughtfulness, and with compassion. And he listened intently to the words of others—to the words of all people from all walks of life. His fundamental humanity, great kindness, and assiduous pursuit of knowledge through perusing of the philosophies, the histories, and the literature of the law permeated his choice of words in his speeches and writings. It is because of these and other qualities of Judge Bell’s character as a man and as a judge that …
States' Rights, Southern Hypocrisy, And The Crisis Of The Union, Paul Finkelman
States' Rights, Southern Hypocrisy, And The Crisis Of The Union, Paul Finkelman
Akron Law Review
The southern states did not leave the Union because the national government was trampling on their “rights.” The states that left the union never asserted that they were being denied their “states’ rights” —that the national government had obliterated the lines been between national power and state power. Nor did the southern states complain that the national government was too powerful and so it threatened the sovereignty of the state governments. On the contrary, as I set out below, the southern states mostly complained that the northern states were asserting their states’ rights and that the national government was not …
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.
Shady Grove And The Potential Democracy-Enhancing Benefits Of Erie Formalism, Jeffrey W. Stempel
Shady Grove And The Potential Democracy-Enhancing Benefits Of Erie Formalism, Jeffrey W. Stempel
Akron Law Review
Article written as part of Symposium: Erie Under Advisement: The Doctrine After Shady Grove.
Symposium: Erie Under Advisement: The Doctrine After Shady Grove; Forward: Erie's Gift, Jay Tidmarsh
Symposium: Erie Under Advisement: The Doctrine After Shady Grove; Forward: Erie's Gift, Jay Tidmarsh
Akron Law Review
A forward to the articles in this journal. All the articles manifest concern for the constitutional and structural concerns that animated Erie and its procedural progeny. Several articles, especially those by Professors Doernberg, Koppel, and Stempel examine the jurisprudential commitments underlying the Erie doctrine in general and the various opinions in Shady Grove in particular. Professors Genetin and Friedenthal examine the difficulties of, respectively, statutory and rule interpretation in the Erie context. Professor Koppel emphasizes the value of procedural uniformity. Professor Doernberg evaluates the relationship between the procedural Erie doctrine and concerns for federalism. Mr. Gaber brings some realpolitik to …
Why The Judicial Elections Debate Matters Less Than You Think: Retention As The Cornerstone Of Independence And Accountability, Layne S. Keele
Why The Judicial Elections Debate Matters Less Than You Think: Retention As The Cornerstone Of Independence And Accountability, Layne S. Keele
Akron Law Review
This Article attempts to reframe the age-old judicial election arguments into a discussion about the importance of the retention decision, in order to draw out the areas of true disagreement in the judicial independence/judicial accountability debate. I argue that the core difficulties in balancing the desire for judicial independence with the desire for judicial accountability stem primarily from the judicial retention decision, regardless of whether retention is obtained by some form of reelection or through a form of reappointment. I then propose a two-term system for putting judges on state high courts, in which (1) high court judges sit for …