Law Commons^™

Canon Law, American Law, And Governance Of Catholic Schools: A Healthy Partnership, Charles J. Russo

Educational Leadership Faculty Publications

Roman Catholic schools developed in the United States during the latter part of the 19th century partially in response to a significant wave of anti-Catholic sentiment that swept the nation. Consequently, Catholic schools were established as a kind of parallel system largely free from civil laws, as bishops, pastors, and other religious leaders were free to operate their schools largely under the Church's own internal juridical system, the Code of Canon Law. However, by the middle of the 20th century, due to a variety of demographic factors, the composition of Catholic schools began to change dramatically, particularly with regard to …

The Great American Housing Bubble: Re-Examining Cause And Effect, Robert Hardaway

University of Dayton Law Review

No abstract provided.

Subprime Bailouts And The Predator State, Steven A. Ramirez

University of Dayton Law Review

No abstract provided.

Front Matter, Volume 35, Number 1, University Of Dayton

University of Dayton Law Review

No abstract provided.

A Panoramic View Of The Financial Crisis That Began In 2008: The Need For Domestic And International Regulatory Reform, Eric C. Chaffee

University of Dayton Law Review

Introductory essay for the symposium "The Fall from the Bailout: The Impact of the 2008 Bailout of Lending Regulation, Securities Regulations, and Business Ethics."

Financial Services Regulatory Reform In The Face Of An Economic Meltdown, Harvey L. Pitt

University of Dayton Law Review

This article is derived from, and updates, the Keynote Address given by the Author at the University of Dayton School of Law’s Symposium on the current economic crisis, its causes, effects and proposed solutions.

Protecting The Retail Investor In An Age Of Financial Uncertainty, Barbara Black

University of Dayton Law Review

No abstract provided.

Morals In A Market Bubble, Robert T. Miller

University of Dayton Law Review

No abstract provided.

Disclosure And Judgment: "We Have Met Madoff And He Is Ours", Jeffrey M. Lipshaw

University of Dayton Law Review

No abstract provided.

An Arctic Race: How The United States' Failure To Ratify The Law Of The Sea Convention Could Adversely Affect Its Interests In The Arctic, Marta Kolcz-Ryan

University of Dayton Law Review

No abstract provided.

Parents Involved In Community Schools V. Seattle School District No. 1: An Overview With Reflections For Urban Schools, Charles J. Russo, William E. Thro

Educational Leadership Faculty Publications

In Parents Involved in Community Schools v. Seattle School District No. 1, a highly contentious and divided Supreme Court invalidated race-conscious admissions plans in two urban school systems, Seattle and Louisville. As such, Parents Involved was the latest chapter in the Court's almost 40-year history of reaching mixed results in such far-reaching areas involving race-conscious remedies as admissions to higher education, employment in the general workforce and in education, minority set aside programs, and voting rights. In light of the impact that Supreme Court cases on race-conscious remedies have in education, particularly in urban settings, this article first reviews …

Cordelia Returns — Using Letters Of Credit To Reduce Borrowing Costs, Alireza Gharagozlou

University of Dayton Law Review

No abstract provided.

Front Matter, Volume 34, Number 3, University Of Dayton

University of Dayton Law Review

Cover, table of contents, administrative information

"Unpatriotic" Profits: The Risks Companies Face From International Business Activities And The Need For A Heightened Duty Of Oversight For Corporate Directors, Jeffrey T. Dinwoodie

University of Dayton Law Review

No abstract provided.

Opening Virtual Doors: Addressing Ohio's Open Meeting Law And The Use Of Electronic Communication, Mark Thompson

University of Dayton Law Review

No abstract provided.

Oops, My Gps Made Me Do It! Gps Manufacturer Liability Under A Strict Products Liability Paradigm When Gps Fails To Give Accurate Directions To Gps End-Users, John E. Woodard

University of Dayton Law Review

No abstract provided.

“Corrective Surgery” And The Americans With Disabilities Act, Jeannette Cox

School of Law Faculty Publications

This Article challenges the assumption that the Americans with Disabilities Act (ADA) requires persons with disabilities to undergo corrective surgery as a precondition to membership in the ADA's protected class. This issue is ripe for discussion because current efforts to amend the ADA, although not focused on the corrective surgery issue, will unsettle the current doctrine underpinning many courts' conclusions that an individual's decision to forgo available medical technology bars her from relief under the ADA. The article aims to make two contributions. First, it argues that the ADA's focus on reshaping cultural responses to disability suggests that individuals need …

Cyberthreats: The Emerging Fault Lines Of The Nation State, Susan W. Brenner

School of Law Faculty Publications

As new technologies develop, terrorist groups are developing new methods of attack by using the Internet, and by using cyberspace as a battlefield, it has become increasingly difficult to discover the identity of attackers and bring them to justice. The seemingly limitless boundaries of cyberspace have allowed virtually anyone to launch an attack from a remote and anonymous location. But once these attacks occur, it raises several important questions. Who should respond, and how? How should nation-states effectively deal with a cyber-attack? Will the United States and other nation-states be able to survive in a world where virtual boundaries are …

Climate Change Litigation: Opening The Door To The International Court Of Justice, Andrew L. Strauss

School of Law Faculty Publications

In March 2003, I wrote an article for the Environmental Law Reporter surveying potential international judicial forums where victims of global warming could bring lawsuits. In the ensuing six years, numerous lawsuits have been brought in the United States and in other countries, and environmentalists can now celebrate their first significant victory. In April 2007, based upon its finding that greenhouse gases are pollutants under Section 202(a)(1) of the U.S. Clean Air Act, the Supreme Court in Massachusetts v. EPA held that the U.S. Environmental Protection Agency (EPA) has the authority to regulate greenhouse gases.

Though we are still in …

Pro Bono: Assessing Aims And Achievement, Lisa A. Kloppenberg, Lori E. Shaw

School of Law Faculty Publications

Leaving behind a vibrant, effective pro bono program is a cherished legacy for any dean. Not only can such a program better the lives of our own students, but it also can harness their powerful minds, willing hearts, and many hands to serve the needs of our communities now and for years to come. If students hear about the importance of pro bono work and have easy access to pro bono opportunities during law school, they are more likely to get involved in public service after law school. As a result, the community and school benefit from their efforts, and …

The Noble Business Of Incumbentocracy: A Reply To ‘The Sordid Business Of Democracy’, Christopher J. Roederer

School of Law Faculty Publications

Note: This essay is a response to Daniel Tokaji, The Sordid Business of Democracy, 34 Ohio Northern University Law Review 341 (2008). The term "incumbantocracy" appears to have been coined by Jamin B. Raskin in The Supreme Court's Double Standard, where he argued that "voters don't really pick public officials on Election Day because public officials pick voters on redistricting day." THE NATION, Feb. 6, 1995, at I 67-68.

If democracy is a sordid business—a base, dirty, and ignoble business—then perhaps it is not too much of a stretch to say that there is something simple, clean, and noble about …

Working The Common Law Pure: Developing The South African Law Of Delict (Torts) In Light Of The Spirit, Purport And Objects Of The South African Constitution's Bill Of Rights, Christopher J. Roederer

School of Law Faculty Publications

Part I of this article both situates the South African legal system within a group of systems referred to as mixed jurisdictions and distinguishes it from that group by highlighting South Africa’s open, cosmopolitan tradition. Part II addresses the question of South Africa’s “relevance for us.” This section draws on the lessons of a number of approaches to comparative law and makes the case that South Africa’s law of delict is neither too unique nor too familiar for fruitful and interesting comparisons to the U.S. law of torts. It accomplishes this by explaining a number of core similarities and pointing …

Take Two Tablets And Do Not Call For Judicial Review Until Our Heads Clear: The Supreme Court Prepares To Demolish The 'Wall Of Separation' Between Church And State, Terence Lau, William Wines

Management and Marketing Faculty Publications

In this article, we examine the issues that bring First Amendment jurisprudence to the grant of certiorari in Pleasant Grove v. Summum, scheduled for oral argument in the Supreme Court of the United States in November. We examine the historical basis for America’s religious heritage, the historical judicial treatment of the religious clauses, and the erosion of the wall of separation between church and state. We examine the Ten Commandments, finding inherent discrimination present in modern-day attempts to advance a particular version of the Ten Commandments as secular. By drawing upon Rousseau’s civic religion, we suggest alternative routes for the …

Front Matter, Volume 34, Number 2, University Of Dayton

University of Dayton Law Review

Cover, table of contents, administrative information

Antitrust More Than A Century After Sherman: Why Protecting Competitors Promotes Competition More Than Economically Efficient Mergers, Andreas Koutsoudakis

University of Dayton Law Review

No abstract provided.

Achieving Protection Of The Well-Known Mark In China: Is There A Lasting Solution?, Breann M. Hill

University of Dayton Law Review

No abstract provided.

The Preparation And Trial Of Intellectual Property And Other Complex Cases, Charles J. Faruki

University of Dayton Law Review

No abstract provided.

Nonobviousness In The U.S. Post-Ksr For Innovative Drug Companies, Tom Irving, Lauren L. Stevens, Scott M.K. Lee

University of Dayton Law Review

No abstract provided.

Toward Open Source Hardware, John R. Ackermann

University of Dayton Law Review

No abstract provided.

Tax Strategy Patents: Close Pandora's Box On Patenting Criminal Defense Strategies, Kathryn T. Ng

University of Dayton Law Review

No abstract provided.