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Full-Text Articles in Law

Law In An Era Of 'Smart' Technology, Susan W. Brenner Dec 2007

Law In An Era Of 'Smart' Technology, Susan W. Brenner

School of Law Faculty Publications

Should law be technologically neutral, or should it evolve as human relationships with technology become more advanced?

Susan Brenner analyzes the complex and evolving interactions between law and technology and provides a thorough and detailed account of the law in technology at the beginning of the 21st century. Brenner draws upon recent technological advances, evaluating how developing technologies may alter how humans interact with each other and with their environment. She analyzes the development of technology as shifting from one of "use" to one of "interaction," and argues that this interchange needs us to reconceptualize our approach to legal rules, …


Survey Of Cooperation Among Clinical, Pro Bono, Externship And Legal Writing Faculty, Susan Wawrose, Sarah E. Ricks Oct 2007

Survey Of Cooperation Among Clinical, Pro Bono, Externship And Legal Writing Faculty, Susan Wawrose, Sarah E. Ricks

School of Law Faculty Publications

Recent surveys by a committee of the Legal Writing Institute (LWI) show that many legal writing faculty around the country are engaged in exciting and creative collaborations with their colleagues in clinics and in externship and pro bono programs. Faculty from these different programs work together around course and curriculum planning, on large and small teaching initiatives, and on scholarship. Whether the proper metaphor for this type of collaboration is collision or something more constructive, the inspiring fact is that these collaborations are taking place.


State-Corporate Crime And The Paducah Gaseous Diffusion Plant, Alan S. Bruce, Paul J. Becker Oct 2007

State-Corporate Crime And The Paducah Gaseous Diffusion Plant, Alan S. Bruce, Paul J. Becker

Sociology, Anthropology, and Social Work Faculty Publications

While criminologists have for some time examined state and corporate crime as separate entities, the concept of state-corporate crime highlighting joint government and private corporate action causing criminal harm is a recent area of study with relatively few published case studies (Matthews and Kauzlarich, 2000). This paper focuses on state-corporate crime at the Paducah Gaseous Diffusion Plant (PGDP) in Paducah, Kentucky, and contributes to the study of state-corporate crime in three ways: (1) it adds a new case study to a field in which there are few published accounts, (2) it assesses the utility of Kauzlarich and Kramer’s (1998) integrated …


Front Matter, Volume 33, Number 1, University Of Dayton Oct 2007

Front Matter, Volume 33, Number 1, University Of Dayton

University of Dayton Law Review

Cover, table of contents, administrative information


Mandatory-Minimum Sentences And The Jury: Time Again To Revisit Their Relationship, Kirk J. Henderson Oct 2007

Mandatory-Minimum Sentences And The Jury: Time Again To Revisit Their Relationship, Kirk J. Henderson

University of Dayton Law Review

No abstract provided.


Misadventures Into Corporate Prosecutions After The Holder, Thompson, And Mcnulty Memoranda, Valerie Figueredo Oct 2007

Misadventures Into Corporate Prosecutions After The Holder, Thompson, And Mcnulty Memoranda, Valerie Figueredo

University of Dayton Law Review

No abstract provided.


Legislative Malpractice: An Analysis Of Ohio's Proposed Mandatory Medical Malpractice Arbitration Program, Joseph Krella Oct 2007

Legislative Malpractice: An Analysis Of Ohio's Proposed Mandatory Medical Malpractice Arbitration Program, Joseph Krella

University of Dayton Law Review

No abstract provided.


The Optimal Law Enforcement With Mandatory Defendant Class Action, Nelson Rodrigues Netto Oct 2007

The Optimal Law Enforcement With Mandatory Defendant Class Action, Nelson Rodrigues Netto

University of Dayton Law Review

No abstract provided.


The Regulator Strikes Back: A Look At The Sec's Most Recent Attempt To Regulate Hedge Funds And What It Missed, Alexander R. Roche Oct 2007

The Regulator Strikes Back: A Look At The Sec's Most Recent Attempt To Regulate Hedge Funds And What It Missed, Alexander R. Roche

University of Dayton Law Review

No abstract provided.


Rethinking Ableman V. Booth And States’ Rights In Wisconsin, Jeffrey M. Schmitt Sep 2007

Rethinking Ableman V. Booth And States’ Rights In Wisconsin, Jeffrey M. Schmitt

School of Law Faculty Publications

Ableman v. Booth occupies a significant place in constitutional history for upholding the Fugitive Slave Act of 1850 and presenting the antebellum Supreme Court’s theory of federalism. This note presents a new interpretation of the states’ rights movement in Wisconsin that necessitated the Supreme Court’s ruling in Ableman and argues that, viewed in this historical context, the decision was a complete failure. When a fugitive slave was captured in Milwaukee, Wisconsonites wished to reject the principles of the Fugitive Slave Act in response to the Kansas-Nebraska Act but were not yet willing to violate the law.

The Supreme Court of …


Front Matter, Volume 32, Number 3, University Of Dayton Apr 2007

Front Matter, Volume 32, Number 3, University Of Dayton

University of Dayton Law Review

Table of contents and administrative information


Same-Sex Marriage And Public School Curricula: Preserving Parental Rights To Direct The Education Of Their Children, Charles J. Russo Apr 2007

Same-Sex Marriage And Public School Curricula: Preserving Parental Rights To Direct The Education Of Their Children, Charles J. Russo

University of Dayton Law Review

No abstract provided.


O Centro Espirita: The Supreme Court Raises The Spirits Of The Free Exercise Clause, Philip Weinberg Apr 2007

O Centro Espirita: The Supreme Court Raises The Spirits Of The Free Exercise Clause, Philip Weinberg

University of Dayton Law Review

No abstract provided.


Wind Power And The Renewable Portfolio Standard: An Ohio Analysis, Christopher E. Cotter Apr 2007

Wind Power And The Renewable Portfolio Standard: An Ohio Analysis, Christopher E. Cotter

University of Dayton Law Review

No abstract provided.


An Unconstitutional Death: The Oregon Death With Dignity Act's Prohibition Against Self-Administered Lethal Injection, Glen R. Mcmurry Apr 2007

An Unconstitutional Death: The Oregon Death With Dignity Act's Prohibition Against Self-Administered Lethal Injection, Glen R. Mcmurry

University of Dayton Law Review

No abstract provided.


Staking A Claim In The Twenty-First Century: Real Property Rights On Extra-Terrestrial Bodies, Ryan Hugh O'Donnell Apr 2007

Staking A Claim In The Twenty-First Century: Real Property Rights On Extra-Terrestrial Bodies, Ryan Hugh O'Donnell

University of Dayton Law Review

No abstract provided.


Caring Globally: Jane Addams, World War One, And International Hunger, Marilyn Fischer Jan 2007

Caring Globally: Jane Addams, World War One, And International Hunger, Marilyn Fischer

Philosophy Faculty Publications

Several feminist philosophers, including Virginia Held, Joan Tronto, and Fiona Robinson, see the need for, and the potential of, care ethics for achieving far-reaching political and even global transformation. Tronto recommends that care be used as "a basis for political change" and a "strategy for organizing" (Tronto 1993, 175). Held advocates that "the ethics of care should transform international politics and relations between states as well as within them" (Held 2006, 161).

During and immediately after World War One, Jane Addams attempted to do just that. She sought to bring perspectives and moral sensibilities that have since been theorized in …


Considering Global Democracy: An Introduction To The Symposium 'Envisioning A More Democratic Global System', Andrew L. Strauss Jan 2007

Considering Global Democracy: An Introduction To The Symposium 'Envisioning A More Democratic Global System', Andrew L. Strauss

School of Law Faculty Publications

This introduction to the symposium "Envisioning a More Democratic Global System," held at Widener University School of Law in the spring of 2006, provides a conceptual overview of symposium papers published in Volume 13:2 of the Widener Law Review. The papers fall into two groups. As a reference point for understanding how the democratization of the international system can occur, the first group examines the process of democratization at the national level. The second group of papers forward and assess specific proposals for democratizing the global system with a particular emphasis on the proposal for a global parliament.

Papers discussed …


Symposium: Envisioning A More Democratic Global System: On The First Branch Of Global Governance, Andrew L. Strauss Jan 2007

Symposium: Envisioning A More Democratic Global System: On The First Branch Of Global Governance, Andrew L. Strauss

School of Law Faculty Publications

For those interested in democratizing global governance, the threshold question of whether to pursue a popularly elected global parliament is often one of political feasibility. This article compares the potential achievability of four different strategic approaches to initiating a global parliament: Amendment of the United Nations Charter; Creation by the United Nations General Assembly as a Subsidiary Organ; Civil Society Organized Elections; And Interstate Treaty Process. The article concludes with a short discussion of how a global parliament could contribute to a more peaceful global order.


Front Matter, Volume 32, Number 2, University Of Dayton Jan 2007

Front Matter, Volume 32, Number 2, University Of Dayton

University of Dayton Law Review

Table of contents and administrative information


Hand Rule, Negligence And Public Adoption Agencies, Joseph Oluwole Jan 2007

Hand Rule, Negligence And Public Adoption Agencies, Joseph Oluwole

University of Dayton Law Review

No abstract provided.


Governance By Mutual Benchmarking In Postal Markets: How State-Owned Enterprises May Induce Private Competitors To Observe Policy Goals, Peter Hettich Jan 2007

Governance By Mutual Benchmarking In Postal Markets: How State-Owned Enterprises May Induce Private Competitors To Observe Policy Goals, Peter Hettich

University of Dayton Law Review

No abstract provided.


Foreword: The Dangling Constitutional Conversation, Philip P. Frickey Jan 2007

Foreword: The Dangling Constitutional Conversation, Philip P. Frickey

University of Dayton Law Review

Symposium: Enacting and Interpreting Statutes in the Constitution's Shadows


The Corporate Common Good: The Right And Obligation Of Managers To Do Good To Others, Leo L. Clarke, Edward C. Lyons Jan 2007

The Corporate Common Good: The Right And Obligation Of Managers To Do Good To Others, Leo L. Clarke, Edward C. Lyons

University of Dayton Law Review

No abstract provided.


Competence And The Three Branches Of Government, Muriel Morisey Jan 2007

Competence And The Three Branches Of Government, Muriel Morisey

University of Dayton Law Review

Symposium: Enacting and Interpreting Statutes in the Constitution's Shadows


Constitutional Avoidance And The Roberts Court, Neal Devins Jan 2007

Constitutional Avoidance And The Roberts Court, Neal Devins

University of Dayton Law Review

Symposium: Enacting and Interpreting Statutes in the Constitution's Shadows


Interpreting And Enacting Statutes In The Constitution's Shadows: An Introduction, Bernard W. Bell Jan 2007

Interpreting And Enacting Statutes In The Constitution's Shadows: An Introduction, Bernard W. Bell

University of Dayton Law Review

Symposium: Enacting and Interpreting Statutes in the Constitution's Shadows


The Avoidance Canon: From The Cold War To The War On Terror, Lisa A. Kloppenberg Jan 2007

The Avoidance Canon: From The Cold War To The War On Terror, Lisa A. Kloppenberg

University of Dayton Law Review

Symposium: Enacting and Interpreting Statutes in the Constitution's Shadows


Same-Sex Marriage And Public School Curricula: Preserving Parental Rights To Direct The Education Of Their Children, Charles J. Russo Jan 2007

Same-Sex Marriage And Public School Curricula: Preserving Parental Rights To Direct The Education Of Their Children, Charles J. Russo

Educational Leadership Faculty Publications

No abstract provided.