Law Commons^™

Cutting The Gordian Knot: How And Why The United Nations Should Vest The International Court Of Justice With Referral Jurisdiction, Andrew L. Strauss

School of Law Faculty Publications

The International Court of Justice — the global system's oldest and most venerable tribunal — has failed to meet its full potential. This is in large measure due to the requirement that the Court may only assert jurisdiction over states with their consent, which is often withheld. To help correct for this failure, this article proposes that the Court be given a referral jurisdiction. Referral jurisdiction would empower the Court to issue advisory opinions on interstate disputes without the requirement of state consent. Standing in the way of nonconsent-based jurisdiction, however, is the problem of the Gordian Knot: The world's …

Foreword—Perspectives On Gender And Business Ethics: Women In Corporate Governance, Eric C. Chaffee

University of Dayton Law Review

Introduction to a collection of essays from the University of Dayton School of Law's Project for Law and Business Ethics Symposium—Perspectives on Gender and Business Ethics: Women in Corporate Governance

Stalled: Gender Diversity On Corporate Boards, Barbara Black

University of Dayton Law Review

No abstract provided.

Women In Corporate Governance: A Cinderella Story, Mildred Woryk

University of Dayton Law Review

No abstract provided.

The Americans With Disabilities Act: Short-Term Disabilities, Exceptions, And The Meaning Of Minor, Gordon Good

University of Dayton Law Review

No abstract provided.

Afterword—Increasing Gender Diversity On Corporate Boards: It's Gonna Be A Long War, Harry S. Gerla

University of Dayton Law Review

No abstract provided.

The Last Male Bastion: In Search Of A Trojan Horse, Joan Macleod Heminway

University of Dayton Law Review

No abstract provided.

Board Diversity And Proxy Disclosure, Thomas C. Hazen, Lissa Lamkin Broome

University of Dayton Law Review

No abstract provided.

The Antislavery Judge Reconsidered, Jeffrey M. Schmitt

School of Law Faculty Publications

It is conventionally believed that neutral legal principles required antislavery judges to uphold proslavery legislation in spite of their moral convictions against slavery. Under this view, an antislavery judge who ruled on proslavery legislation was forced to choose, not between liberty and slavery, but rather between liberty and fidelity to his conception of the judicial role in a system of limited government. Focusing on the proslavery Fugitive Slave Act of 1850, this article challenges the conventional view by arguing that the constitutionality of the fugitive act was ambiguous; meaning that neutral legal principles supported a ruling against the fugitive act …

Challenges Of Representing Adolescent Parents In Child Welfare Proceedings, Barbara Glesner Fines

University of Dayton Law Review

No abstract provided.

A Charmed Life: In Memory Of Francis J. Conte, Lisa A. Kloppenberg

University of Dayton Law Review

In memoriam: Francis J. Conte (1942-2011)

In Memoriam: Francis J. Conte, Anyah A. Morris

University of Dayton Law Review

In memoriam: Francis J. Conte (1942-2011)

Symposium Introduction: Custody Through The Eyes Of The Child, Pamela Laufer-Ukeles

University of Dayton Law Review

No abstract provided.

The Curious Case Of The Guardian Ad Litem, Katherine Hunt Federle, Danielle Gadomski

University of Dayton Law Review

No abstract provided.

Children's Interest—Lost In Translation: Making The Case For Involving Children In Mediation Of Child Custody Cases, Cassandra W. Adams

University of Dayton Law Review

No abstract provided.

In Memoriam: A Tribute To Dean Francis J. Conte, Richard Perna

University of Dayton Law Review

In memoriam: Francis J. Conte (1942-2011)

Unforgettable Fran Conte, William H. Wolff Jr.

University of Dayton Law Review

In memoriam: Francis J. Conte (1942-2011)

An Uneven Playing Field: Public Employees Are Disadvantaged In Fmla Eligibility/Notice Disputes, Sean Mccormick

University of Dayton Law Review

No abstract provided.

The Doctrine Of Discovery And The Elusive Definition Of Indian Title, Blake Watson

School of Law Faculty Publications

On April 15, 2011, the Lewis & Clark Law Review hosted its Spring Symposium, entitled “The Future of International Law in Indigenous Affairs: The Doctrine of Discovery, the United Nations, and the Organization of American States.” While the Symposium participants agree that the doctrine of discovery should be rejected, they disagree on the impact of the discovery doctrine on native land rights in the United States. This Article examines the differing views of Indian title. Specifically, it contrasts the “limited owner” view of Indian title, under which Indian tribes retained nearly all of their proprietary rights, subject only to …

Towards Zero Net Presence, Terence Lau

Terence Lau

The rise of social networking has connected us in ways unthinkable a few years ago, but has also raised alarming questions regarding the right to be left alone. More and more, Americans are discovering that information traditionally considered private is moving into the public domain, sometimes with startling implications for their personal lives. Part I of this Article reviews the problem of Internet intrusion into personal privacy. The Internet is especially remarkable for its three central features: reach, speed and permanence. These features make the Internet unlike any other media in existence, and makes protecting privacy extremely difficult. Part II …

How United States V. Jones Can Restore Our Faith In The Fourth Amendment, Erica Goldberg

School of Law Faculty Publications

United States v. Jones, issued in January of this year, is a landmark case that has the potential to restore a property-based interpretation of the Fourth Amendment to prominence. In 1967, the Supreme Court abandoned its previous Fourth Amendment framework, which had viewed the prohibition on unreasonable searches in light of property and trespass laws, and replaced it with a rule protecting the public’s reasonable expectations of privacy. Although the Court may have intended this reasonable expectations test to provide more protection than a test rooted in property law, the new test in fact made the Justices’ subjective views about …

Another Nail In The Coffin Of Religious Freedom? Christian Legal Society V. Martinez, Charles J. Russo, William E. Thro

Educational Leadership Faculty Publications

No abstract provided.

Is Saving An Innocent Man A "Fool's Errand"? The Limitations Of The Antiterrorism And Effective Death Penalty Act On An Original Writ Of Habeas Corpus, Krystal M. Moore

University of Dayton Law Review

No abstract provided.

Respect For Me But Not For Thee: Reflections On The Impact Of Same-Sex Marriage On Education, Charles J. Russo

Educational Leadership Faculty Publications

Examples of the ramifications of same-sex marriage in education are beginning to emerge whether in K-12 public or non-public schools or higher education. In K-12 schools, controversies have surfaced over whether school officials can use gay friendly curricular material for young children, 15 whether religiously affiliated non-public schools are obligated to enroll children who are being raised by couples in same-sex unions, 16 and whether students can bring same-sex dates to proms. 17 In like manner, disputes have arisen in higher education, particularly in the context of graduate counseling programs where two students unsuccessfully challenged their dismissals for professing their …

Criminal Discovery In Ohio: "Civilizing" Criminal Rule 16, Charles L. Grove

University of Dayton Law Review

No abstract provided.

How To Win A Cali Award: Some Personal Advice From Two Law Students Who Have Done It, Stephen E. Schilling, Rebecca M. Greendyke

University of Dayton Law Review

No abstract provided.

H.B. 190: Policing School Districts, But At What Expense?, Andrew Schoenling

University of Dayton Law Review

No abstract provided.

The True Costs Of Not Paying Your Property Taxes In Ohio, Charles D. Rittenhouse

University of Dayton Law Review

No abstract provided.

Applying The Rules Of Discovery To Information Uncovered About Jurors, Thaddeus A. Hoffmeister

School of Law Faculty Publications

As more and more personal information is placed online, attorneys are increasingly turning to the internet to investigate and research jurors. In certain jurisdictions, the practice has become fairly commonplace. One prominent trial consultant has gone so far as to claim, “Anyone who doesn’t make use of [internet searches] is bordering on malpractice.” While this may somewhat overstate the importance of investigating jurors online, it nonetheless demonstrates just how routine the practice has become. Aside from increased acceptance among practitioners, courts have both approved of and encouraged online investigation of jurors.

While many view this practice as a benefit to …

The Anti-Counterfeiting Trade Agreement (Acta): An Assessment, Dalindyebo Shabalala

School of Law Faculty Publications

The Anti-Counterfeiting Trade Agreement (‘ACTA’) is motivated by the perceived lack of progress of multilateral enforcement of intellectual property rights. Building on the equivalent provisions in EU and US bilateral and regional free trade agreements (FTAs), the ACTA parties sought to establish best practice international standards to which other countries could aspire or adhere. Proponents stressed the need to combat the increase in global piracy and counterfeiting, drawing on estimates of the scale of the problem, such as those from the OECD that suggested international trade in counterfeit and pirated products amounted to some $200 billion in 2005 (excluding domestically …