Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Jurisprudence (3)
- Criminal Law (2)
- Judges (2)
- Religion Law (2)
- Torts (2)
-
- Civil Rights and Discrimination (1)
- Comparative and Foreign Law (1)
- Constitutional Law (1)
- Courts (1)
- Criminal Procedure (1)
- Evidence (1)
- First Amendment (1)
- Human Rights Law (1)
- International Law (1)
- Land Use Law (1)
- Legal Ethics and Professional Responsibility (1)
- Legal Profession (1)
- State and Local Government Law (1)
- Tax Law (1)
- Keyword
-
- Jews (2)
- Product liability (2)
- Antonin Scalia (1)
- Attorney's fees (1)
- Civil Rights Attorney's Fees Award Act (1)
-
- Comparative law (1)
- Comparative negligence (1)
- Conseil constitutionnel (1)
- Conservative theory (1)
- Diaspora (1)
- Due process (1)
- Edmund Burke (1)
- Ethics (1)
- Exclusionary rule (1)
- Frank Easterbrook (1)
- Freedom of speech (1)
- French law (1)
- Henry B. Veach (1)
- IRS (1)
- Internal Revenue Service (1)
- Israel (1)
- Jr. (1)
- Judiciary (1)
- Laws of war (1)
- National Court of Tax Appeals (1)
- Natural law (1)
- New Jews (1)
- Ohio law (1)
- Ohio law (1)
- Patriotism (1)
Articles 1 - 12 of 12
Full-Text Articles in Law
Observations On Personal Injury Law, Stephen J. Werber
Observations On Personal Injury Law, Stephen J. Werber
Law Faculty Articles and Essays
When I originally came to Ohio in 1970, I was surprised to find that the Ohio state courts lagged considerably behind other states in the development of personal injury law and especially product liability law. Under the leadership of Chief Justice Frank Celebrezze, the court's position was re-oriented. With decisions adopting and liberally defining strict liability, the court took a major step. Shortly thereafter, the court ruled that neither the Ohio Constitution nor any Ohio legislation insulated an employer from liability to employees for intentional torts. These, and other changes, have moved Ohio to the forefront of legal development in …
New Rules For Zoning Adult Uses: The Supreme Court's Renton Decision, Alan Weinstein
New Rules For Zoning Adult Uses: The Supreme Court's Renton Decision, Alan Weinstein
Law Faculty Articles and Essays
This term, for the third time in 10 years, the U.S. Supreme Court considered the validity of zoning that restricts the location or operation of businesses that trade in sexually oriented books, magazines, movies, or entertainment. Restrictions on such "adult businesses" raise serious constitutional issues because the First Amendment's guarantee of freedom of speech extends to sexually oriented media so long as the material is not considered obscene. In the latest case, City of Renton v. Playtime Theatres, 106 S.Ct. 925 (1986), 38 ZD 258, the Court upheld a zoning ordinance that limited the location of theaters exhibiting adult movies …
Natural Law And Natural Laws, David F. Forte
Natural Law And Natural Laws, David F. Forte
Law Faculty Articles and Essays
Modern science has developed the notion of "natural laws" to describe the apparent sequential patterns of the most complex parts of the physical world. But it cannot tell us what we ought to do about arms production, or human sexuality or abortion or race, or death. Non-teleological science can no more tell us that nuclear fusion is immoral than it can tell us what is the natural purpose of the solar system. Natural Law, however, can tell us what ought to be done in light of the nature of law. If indeed the nature of law is that it is …
I Know It's Not Racism, But What Is It?, Michael H. Davis
I Know It's Not Racism, But What Is It?, Michael H. Davis
Law Faculty Articles and Essays
The author recalls the founding of the state of Israel, and discusses the influence of patriotism and Zionism.
The Emasculated Role Of Judicial Precedent In The Tax Court And Internal Revenue Service, Deborah A. Geier
The Emasculated Role Of Judicial Precedent In The Tax Court And Internal Revenue Service, Deborah A. Geier
Law Faculty Articles and Essays
This article examines the Tax Court and the Internal Revenue Service. Part I discusses the structural and decision-making evolution of the Tax Court as well as the most common recommendation for change--the creation of a National Court of Tax Appeals. Part II examines the nonacquiescence practice of the Internal Revenue Service and the current state of the law with respect to intracircuit nonacquiescence. The article concludes that an expanded concept of stare decisis can alleviate many of the problems without the massive structural change entailed in the creation of a National Court of Tax Appeals.
Product Liability In The Sixth Circuit: 1984-1985, Stephen J. Werber
Product Liability In The Sixth Circuit: 1984-1985, Stephen J. Werber
Law Faculty Articles and Essays
The Sixth Circuit, as other federal courts, is deciding a growing number of product liability cases. The court has been required to carefully explore state substantive law in such complex areas as comparative fault and foreseeability. Several of the recent cases have required application of difficult facts to recognized legal principles. In the following article Professor Werber analyzes key decisions against applicable state law and suggests areas in which the court has applied that law in manners both consistent with, and contrary to, state law. Professor Werber is critical of the court's Erie determination that the Ohio Supreme Court would …
Terror And Terrorism: There Is A Difference, David F. Forte
Terror And Terrorism: There Is A Difference, David F. Forte
Law Faculty Articles and Essays
To formulate an effective legal and moral response to terrorism, fundamental differences must be acknowledged. We must realize that all acts of terror are not legally interchangeable. We should not create legal instruments that confound essential dissimilarities. We should acknowledge that terrorism is an organized, low level attack by groups trying to destroy the Western legal and moral order. We should recognize that many such terrorist groups have been given purported legitimacy by a distorted notion of self-determination and by recognition within many international bodies. Also, we should face the fact that the effectiveness of terrorism is immeasurably enhanced by …
Constraints Of Power: The Constitutional Opinions Of Judges Scalia, Bork, Posner, Easterbrook, And Winter, James G. Wilson
Constraints Of Power: The Constitutional Opinions Of Judges Scalia, Bork, Posner, Easterbrook, And Winter, James G. Wilson
Law Faculty Articles and Essays
This article completes a two-part series studying the constitutional jurisprudence of Judges Antonin Scalia, Richard Posner, Robert Bork, Frank Easterbrook, and Ralph Winter Jr., five conservative academics appointed by President Reagan to the United States Court of Appeals. Judge Scalia has recently been appointed to the Supreme Court of the United States. In a previous article, published in the last issue of the University of Miami Law Review, I evaluated these five jurists' constitutional scholarship by contrasting their views with those of Edmund Burke, the originator of political conservative theory. That article tested Burke's wariness of political abstractions and his …
The Law/Politics Distinction, The French Conseil Constitutionnel, And The U.S. Supreme Court, Michael H. Davis
The Law/Politics Distinction, The French Conseil Constitutionnel, And The U.S. Supreme Court, Michael H. Davis
Law Faculty Articles and Essays
A dispute burns across the landscape of French constitutional law regarding the juridical nature of the French constitutional "Supreme Court", the Conseil constitutionnel: is it a court? Both French and American scholars have claimed that, despite superficial similarities between the U.S. Supreme Court and the French Conseil constitutionnel, the American system of judicial review "can have no counterpart in the French system", that French legal and political theory is inconstistent with an effective supreme court, that there is "no possibility" that the French and American systems could surmount this "major difference", and that the Conseil is simply not a "true …
New Jews, New Destruction, Michael Henry Davis
New Jews, New Destruction, Michael Henry Davis
Law Faculty Articles and Essays
We see in recent developments what is, essentially, a New Diaspora composed of Jews, whether in contemporary Israel or not, who share a ghetto mentality, afraid of what others might take as a sign of weakness and perhaps thinking of their Jewishness itself simply as vulnerability instead of a source of insuperable strength. Within Israel, they sometimes call themselves the "New Jews," but their attitudes betray them. Such a mind-set has been inherited from an older generation of Jews who, in their formative years, had no strong Israel to make all thoughts of Judaism as weakness seem absurd. The New …
Ethics And The Settlement Of Civil Rights Cases: Can Attorneys Keep Their Virtue And Their Fees?, Lloyd B. Snyder
Ethics And The Settlement Of Civil Rights Cases: Can Attorneys Keep Their Virtue And Their Fees?, Lloyd B. Snyder
Law Faculty Articles and Essays
The Civil Rights Attorneys' Fees Award Act of 1976 authorizes an award of fees to the prevailing party in a civil rights action. The United State Supreme Court, in Evans v. Jeff D., has interpreted the Fees Act to authorize the parties in a civil rights action to negotiate settlement of fees and merits jointly. The Court did not determine whether joint fees-merits negotiation is ethical. The author of this article contends that joint negotiation is ethical. He further contends that it is ethical for plaintiff's attorney to reject an offer of settlement if the offer is coupled with a …
Gates, Leon And The Compromise Of Adjudicatory Fairness: (Part Ii)-Aggressive Majoritarianism, Willful Deafness, And The New Exception To The Exclusionary Rule, Joel J. Finer
Law Faculty Articles and Essays
This Article will offer an elaboration of the idea of judicial "aggressiveness" (which Professor Stone, by and large, leaves undefined) through examination of the majority opinion in United States v. Leon and its application in Massachusetts v. Sheppard. It will also advance the thesis that the majority in Leon exhibited a particular kind of aggressiveness--willful deafness.