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- State and Local Government Law (46)
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- Constitutional Law (3)
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- Ohio (45)
- State law; State administrative decision; (27)
- State law; State administrative decision (18)
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- Criminal Law (2)
- Double Jeopardy (2)
- Federalism (2)
- 521 U.S. 898 (1997) (1)
- American Indian Law (1)
- Attorney-client Relationship (1)
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- Constitution (1)
- Daubert (1)
- Economics (1)
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Articles 31 - 60 of 62
Full-Text Articles in Law
Appeal No. 0628: Halwell Company. Inc. V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review
Appeal No. 0628: Halwell Company. Inc. V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review
Ohio Oil & Gas Commission Decisions
Chief's Order 97-120
Appeal No. 0634: Michael Schafer V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review
Appeal No. 0634: Michael Schafer V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review
Ohio Oil & Gas Commission Decisions
Chief's Order 97-159 (Everflow Eastern)
Appeal No. 0616: Halwell Company, Inc. V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review
Appeal No. 0616: Halwell Company, Inc. V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review
Ohio Oil & Gas Commission Decisions
Chief's Order 97-62
Appeal No. 0618: Halwell Company, Inc. V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review
Appeal No. 0618: Halwell Company, Inc. V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review
Ohio Oil & Gas Commission Decisions
Chief's Order 97-78
Appeal No. 0621: Halwell Company, Inc. V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review
Appeal No. 0621: Halwell Company, Inc. V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review
Ohio Oil & Gas Commission Decisions
Chief's Order 97-84
Appeal No. 0630: Kilbarger Construction, Inc. V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review
Appeal No. 0630: Kilbarger Construction, Inc. V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review
Ohio Oil & Gas Commission Decisions
Chief's Order 97-140
Appeal No. 0637: Robert W. Barr, Dba Big Sky Petroluem V. Division Of Oil & Gas, Ohio Oil & Gas Commission
Appeal No. 0637: Robert W. Barr, Dba Big Sky Petroluem V. Division Of Oil & Gas, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 97-201
Appeal No. 0607: Kenneth Parrill, Dba Hoyp-Parrill Company V. Division Of Oil & Gas, Ohio Oil & Gas Commission
Appeal No. 0607: Kenneth Parrill, Dba Hoyp-Parrill Company V. Division Of Oil & Gas, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 96-91 & Chief's Order 97-1
Appeal No. 0641: Boocor Producing V. Division Of Oil & Gas, Ohio Oil & Gas Commission
Appeal No. 0641: Boocor Producing V. Division Of Oil & Gas, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 97-204
Appeal No. 0613: Poston Operating Co., V. Division Of Oil & Gas, Ohio Oil & Gas Commission
Appeal No. 0613: Poston Operating Co., V. Division Of Oil & Gas, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 97-28
Appeal No. 0623: Max Becker, Dba Ruma, Inc. V. Division Of Oil & Gas, Ohio Oil & Gas Commission
Appeal No. 0623: Max Becker, Dba Ruma, Inc. V. Division Of Oil & Gas, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 97-102
Appeal No. 0627: Barclay Petroleum, Inc. V. Division Of Oil & Gas, Ohio Oil & Gas Commission
Appeal No. 0627: Barclay Petroleum, Inc. V. Division Of Oil & Gas, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 97-117
Appeal No. 0583: Kenneth Parrill, Dba Hoyt-Parrill Company V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review
Appeal No. 0583: Kenneth Parrill, Dba Hoyt-Parrill Company V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review
Ohio Oil & Gas Commission Decisions
Chief's Order 96-61 & Chief's Order 97-1
Appeal No. 0622: Alsid Oil & Gas Development Co. V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review
Appeal No. 0622: Alsid Oil & Gas Development Co. V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review
Ohio Oil & Gas Commission Decisions
Chief's Order 97-77
Appeal No. 0631: Calvin & Paula Adkins V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review
Appeal No. 0631: Calvin & Paula Adkins V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review
Ohio Oil & Gas Commission Decisions
Chief's Order 97-152 (Cabot Oil & Gas)
Double Jeopardy: “Twice In Jeopardy”, Paul C. Giannelli
Double Jeopardy: “Twice In Jeopardy”, Paul C. Giannelli
Faculty Publications
No abstract provided.
American Indian Law Meets The Internal Revenue Code: Warbus V. Commissioner, Erik M. Jensen
American Indian Law Meets The Internal Revenue Code: Warbus V. Commissioner, Erik M. Jensen
Faculty Publications
This article examines a 1998 Tax Court decision, Warbus v. Commissioner, that has implications for both American Indian law and federal tax law. Section 7873 of the Internal Revenue Code exempts from taxation amounts derived by American Indian tribal members from fishing-rights related activit[ies] of their tribes. Taxpayer Warbus claimed that discharge of indebtedness income from the foreclosure of his fishing boat qualified for the exclusion; the Tax Court said no. The author argues that Warbus was wrongly decided for two reasons: the court failed to take account of basic principles of American Indian law, and the court misapplied the …
Double Jeopardy: “Same Offense”, Paul C. Giannelli
Double Jeopardy: “Same Offense”, Paul C. Giannelli
Faculty Publications
No abstract provided.
Citation Practices Of The Kansas Supreme Court And Kansas Court Of Appeals, Joseph A. Custer
Citation Practices Of The Kansas Supreme Court And Kansas Court Of Appeals, Joseph A. Custer
Faculty Publications
This article examines the citation practices of the Kansas Supreme Court and the Kansas Court of Appeals.
Comment, The Green Aspects Of Printz: The Revival Of Federalism And Its Implications For Environmental Law, Jonathan H. Adler
Comment, The Green Aspects Of Printz: The Revival Of Federalism And Its Implications For Environmental Law, Jonathan H. Adler
Faculty Publications
This Comment reviews the Printz decision in the context of the Supreme Court's recent federalism jurisprudence and assesses its implications for environmental law. Part I provides a brief historical overview of the federal-state relationship in the environmental context and recent Supreme Court decisions on federalism. Part II discusses and evaluates the Printz decision. Part III applies the Supreme Court holdings in Printz and related federalism cases to current environmental policies and identifies federal environmental programs that are constitutionally suspect. Finally, Part IV addresses the public policy concern that limiting the federal government's power in the environmental context will inevitably weaken …
The Letter Of The Law: The Scope Of The International Legal Obligation To Prosecute Human Rights Crimes, Michael P. Scharf
The Letter Of The Law: The Scope Of The International Legal Obligation To Prosecute Human Rights Crimes, Michael P. Scharf
Faculty Publications
While international criminal conventions are limited in their application, there is growing recognition of a duty for states to do something to give meaning to human rights.
Responding To The Value Imperative: Learning To Create Value In The Resolution Of Disputes, Kenneth Margolis
Responding To The Value Imperative: Learning To Create Value In The Resolution Of Disputes, Kenneth Margolis
Faculty Publications
This article discusses another topic for clinical teachers to consider adding to their teaching agendas. In this paper, I identify the "value imperative" implicit in the attorney-client relationship and suggest that a perception by the client of high value in the relationship is necessary for its success. Briefly, I describe value in legal services as the client's perception of the ratio of benefits received from legal representation to the sacrifices necessary to obtain those benefits. The more the ratio favors benefits over sacrifices, the greater the value perceived by the client. I present a model describing value in legal services …
The Sign Of The Four": Judicial Assignment And The Rule Of Law, Jonathan L. Entin
The Sign Of The Four": Judicial Assignment And The Rule Of Law, Jonathan L. Entin
Faculty Publications
This article will examine the issues of judicial assignment. Then the article will return to the Cameron situation in an effort to put that controversy into broader perspective. Finally, the article will consider state procedures that, for practical purposes, authorize litigants to make peremptory challenges to judges in certain circumstances. Those procedures have implications for the discussion of random assignments and for the way we think about Judge Cameron's charges.
Scholarship About Teaching, Jonathan L. Entin
Scholarship About Teaching, Jonathan L. Entin
Faculty Publications
This essay draws on that experience, focusing on approximately half a dozen particularly good articles that have appeared in the Journal during my editorial tenure. Most of these describe new ideas, offering detailed information for the curious reader who might want to emulate the author's approach or simply to learn what others in the legal academy are doing. Typically, however, these papers contain little or no meaningful assessment or evaluation. "Descriptive" is too often a pejorative term of dismissal. But good description is often an essential first step toward understanding. Because I believe that more rigorous evaluation could add to …
“Why Infer”? What The New Institutional Economics Has To Say About Law-Supplied Default Rules, Juliet P. Kostritsky
“Why Infer”? What The New Institutional Economics Has To Say About Law-Supplied Default Rules, Juliet P. Kostritsky
Faculty Publications
A central question of contract law remains: when should the law supply a term not expressly agreed to? Many scholars have addressed that question, yet the justification for law-supplied terms often remains unconvincing. Because many proposals to supply terms do not incorporate a comparative framework for assessing the costs and benefits of legal interventions, they are incompletely justified. This Article proposes that a comparative net benefit approach (developed in institutional economics to explain private arrangements) be adapted and expanded to resolve the fundamental issues of legal intervention. The Article uses that framework to critique the hypothetical bargain and Ayres/Gertner penalty …
A Content Analysis Of Judicial Decision-Making: How Judges Use The Primary Caretaker Standard To Make A Custody Determination, Kathryn Mercer
A Content Analysis Of Judicial Decision-Making: How Judges Use The Primary Caretaker Standard To Make A Custody Determination, Kathryn Mercer
Faculty Publications
This article expands upon Professor Mercer's previous discussion of the efficacy of the primary caretaker standard in West Virginia.
Desert, Utility, And Minimum Contacts: Toward A Mixed Theory Of Personal Jurisdiction, Kevin C. Mcmunigal
Desert, Utility, And Minimum Contacts: Toward A Mixed Theory Of Personal Jurisdiction, Kevin C. Mcmunigal
Faculty Publications
In this Essay, I suggest several steps to improve the Supreme Court's approach to minimum contacts analysis. Though they necessitate some modification of current doctrine, these steps require neither radical alteration of the test's current factors nor abandonment of any of its purposes. I propose a new way of looking at the Court's minimum contacts analysis that better explains and integrates the factors, temporal perspectives, and purposes that presently figure in the analysis. My approach draws on criminal law, analogizing a state's imposition of the burdens of jurisdiction to its imposition of a criminal sanction. It sees the minimum contacts …
Commandeering, The Tenth Amendment, And The Federal Requisition Power: New York V. United States Revisited, Erik M. Jensen
Commandeering, The Tenth Amendment, And The Federal Requisition Power: New York V. United States Revisited, Erik M. Jensen
Faculty Publications
The Supreme Court's recent Tenth Amendment decisions, New York v. United States and Printz v. United States, have relied on the original understanding to hold that the Congress may not compel state officials to enact or administer federal programs. We present evidence from the field of taxation that raises questions about the Court's originalist approach to the Tenth Amendment. We explain why the results in New York and Printz are superficially supported by the history of the widely discredited system of requisitions that prevailed under the Articles of Confederation: the Constitution created a system of indirect and direct taxation to …
United States Supreme Court: 1998 Term, Paul C. Giannelli
United States Supreme Court: 1998 Term, Paul C. Giannelli
Faculty Publications
No abstract provided.
Getting A Handle On Coverage Decisions: If Not Case Law, Then What - Comments On A Paper By Professor William Sage, Maxwell J. Mehlman
Getting A Handle On Coverage Decisions: If Not Case Law, Then What - Comments On A Paper By Professor William Sage, Maxwell J. Mehlman
Faculty Publications
Comments on Professor William Sage's paper "Judicial Opinons Involving Health Insurance Coverage: Trope L'Oeil or Window on the World."