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Full-Text Articles in Law

Insubstantial Questions And Federal Jurisdiction, Jonathan L. Entin Jan 2002

Insubstantial Questions And Federal Jurisdiction, Jonathan L. Entin

Faculty Publications

This article seeks to clear up the confusion over "substantial federal questions." Part I provides an overview of the Supreme Court's jurisdiction, distinguishing between appeal and certiorari. Part II examines the precedential weight of the Court's summary dispositions, contrasting summary disposition of appeals with denials of certiorari. Part III explains why the suggestions that the lower courts lack jurisdiction over cases presenting issues in which the Supreme Court has dismissed appeals "for want of a substantial federal question" are mistaken.

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Imagine: A Comment On "A Liberal Education In Law", Melody Richardson Daily Jan 2002

Imagine: A Comment On "A Liberal Education In Law", Melody Richardson Daily

Faculty Publications

While I was impressed with Professor Parker's paper for many reasons, to me her single most striking assertion is this: "Practicing law--and learning law-is at heart an imaginative enterprise."' It is a sentence that should be carved above the entrance to every law school. Few practicing attorneys would disagree with Professor Parker's observation. After all, if imagination is the ability to deal creatively with reality, then imagination is essential for each of the ten fundamental lawyering skills listed in the MacCrate Report. For example, no lawyer can succeed in problem-solving without first engaging in the process of imagining multiple possible …

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Insurance, Terrorism, And 9/11: Reflections On Three Threshold Questions, Robert H. Jerry Ii Jan 2002

Insurance, Terrorism, And 9/11: Reflections On Three Threshold Questions, Robert H. Jerry Ii

Faculty Publications

For most of us, the collapse of the World Trade Center towers exists at the outermost edge of human comprehension. Even after one visits Ground Zero, the events of 9/11 retain a surreal quality, invoking feelings beyond words as one tries to contemplate losses immeasurable with numbers. Indeed, the insurance losses are insignificant when compared to the human tragedies caused by the terrorist attacks-and in insurance terms, we witnessed the most costly, complex events to transpire in a single day in the history of the planet. Many years will pass before all the insurance ramifications of 9/11 are sorted out.

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The Challenge Facing Parents And Coaches In Youth Sports: Assuring Children Fun And Equal Opportunity, Douglas E. Abrams Jan 2002

The Challenge Facing Parents And Coaches In Youth Sports: Assuring Children Fun And Equal Opportunity, Douglas E. Abrams

Faculty Publications

Youth sports today brings both good and bad news. The good news is that organized sports programs enhance the vitality of communities large and small because twenty-five to thirty million children, nearly half of all American youngsters, join at least one program in any given year. At some time during their childhood and adolescence, nearly all children have some experience with organized sports. Outside the home and schools, no other activity reaches so many children from coast to coast.

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The Social Welfare Of Advertising To Children, Dennis D. Crouch Jan 2002

The Social Welfare Of Advertising To Children, Dennis D. Crouch

Faculty Publications

The aim of this Comment is to approach the issue of advertising to children through an examination of economic incentives and efficiency. The Comment ultimately makes the claim that televised advertisement of products, such as junk food, directed toward children may be inefficient and tend to decrease social welfare. Although they may be compelling, this paper does not rely on the secondary negative externalities often associated with television, such as the cost of treating diabetes and heart disease. Rather, the inefficiency discussed in the Comment involves the informational qualities of advertising. Advertising directed towards young children can be thought of …

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Is The Republic Circling The Drain?, W. Taylor Reveley Iii Jan 2002

Is The Republic Circling The Drain?, W. Taylor Reveley Iii

Faculty Publications

No abstract provided.

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Note, A Rule Unfit For All Seasons: Monitoring Of Attorney-Client Communication Violates Privilege And The Sixth Amendment, Avidan Y. Cover Jan 2002

Note, A Rule Unfit For All Seasons: Monitoring Of Attorney-Client Communication Violates Privilege And The Sixth Amendment, Avidan Y. Cover

Faculty Publications

No abstract provided.

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Editor's Observations: The Geology Of Drug Policy In 2002, Frank O. Bowman Iii Jan 2002

Editor's Observations: The Geology Of Drug Policy In 2002, Frank O. Bowman Iii

Faculty Publications

Public concern about drug abuse as a major issue in American life may be ebbing. The notion that "the drug war is a failure" has become the common wisdom in academic and journalistic circles. Support for routine and lengthy imprisonment of non-violent drug offenders may be eroding, even among the prosecutors, police, and judges whose job it is to enforce the law. Anger among African American, Latino, and other minority communities at the perceived discriminatory enforcement of drug laws is simmering and may begin to boil over in ways that effect the political terrain. And after the events of September …

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Quiet Rebellion Ii: An Empirical Analysis Of Declining Federal Drug Sentences Including Data From The District Level With Michael Heise, Frank O. Bowman Iii, Michael Heise Jan 2002

Quiet Rebellion Ii: An Empirical Analysis Of Declining Federal Drug Sentences Including Data From The District Level With Michael Heise, Frank O. Bowman Iii, Michael Heise

Faculty Publications

This is the second of two articles in which we seek an explanation for the hitherto unexamined fact that the average length of prison sentences imposed in federal court for narcotics violations declined by more than 15% between 1991-92 and 2000.

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The Uniform Trust Code (2000) And Its Application To Ohio, David M. English Jan 2002

The Uniform Trust Code (2000) And Its Application To Ohio, David M. English

Faculty Publications

This article provides an overview of the U.T.C., focusing on how its enactment would change existing Ohio law. The drafting of the U.T.C. was prompted by the much greater use of trusts in recent years. This greater use of the trust and consequent rise in the number of day-to-day questions involving trusts led to a recognition by the Commissioners that the trust law in most states is thin, leaving many gaps between the often few statutes and reported cases

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The Establishment Clause As A Structural Restraint: Validations And Ramifications, Carl H. Esbeck Jan 2002

The Establishment Clause As A Structural Restraint: Validations And Ramifications, Carl H. Esbeck

Faculty Publications

The opening phrase of the First Amendment to the U.S. Constitution provides, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." The free exercise clause functions as an individual right with its purpose being to forestall personal religious harm. Its underlying principle is that in religious matters a person ought to be free of coercion caused by the government and thereby not made to suffer for cause of conscience. The function of the establishment clause is altogether different, for its purpose is to restrain government from using its powers to act on matters …

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Product Liability: A Commentary On The Liability Of Suppliers Of Component Parts And Raw Materials, David A. Fischer Jan 2002

Product Liability: A Commentary On The Liability Of Suppliers Of Component Parts And Raw Materials, David A. Fischer

Faculty Publications

The liability of suppliers of raw materials and component parts for harm caused by the product into which the materials have been incorporated poses difficult questions. When the raw material or component part is clearly defective, there is no question that the supplier is liable. Thus, where an ingredient in processed food is contaminated or where a truck tire has a flaw that causes a blowout, the supplier of the ingredient or the tire is liable. The difficult questions arise where the components are not inherently defective, but the finished product is defective because it lacks a safety feature or …

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Spouses Need Not Apply: The Legality Of Antinepotism And No-Spouse Rules , Rafael Gely, Timothy D. Chandler, Jack Howard, Robin Cheramie Jan 2002

Spouses Need Not Apply: The Legality Of Antinepotism And No-Spouse Rules , Rafael Gely, Timothy D. Chandler, Jack Howard, Robin Cheramie

Faculty Publications

We begin this analysis in Part II with a brief discussion of employment policies that have been adopted to meet the unique needs of working families. Interestingly, these practices often exist contemporaneously with policies that restrict employment opportunities for dual-earner couples, namely antinepotism and no-spouse rules. In Part III, we present the results of our comprehensive analysis of case law in this area to show the nature of legal challenges to antinepotism and no-spouse rules and how they have been decided by the courts. In Part IV, we describe the legislative framework under which MSD claims have been raised and …

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New Look At Sexual Harassment Under The Fair Housing Act: The Forgotten Role Of 3604, Rigel C. Oliveri, Robert G. Schwemm Jan 2002

New Look At Sexual Harassment Under The Fair Housing Act: The Forgotten Role Of 3604, Rigel C. Oliveri, Robert G. Schwemm

Faculty Publications

This Article argues that § 3604(c) is applicable in virtually every sexual harassment case involving housing and that its applicability means the FHA can be a more effective statute for attacking sexual harassment than Title VII. Part I reviews the law governing sexual harassment in housing, including the role that Title VII precedents have had in shaping this law. Part II shows how § 3604(c) goes further than its Title VII counterpart in prohibiting statements that are often at the heart of a sexual harassment claim and identifies some specific situations in which § 3604(c) may be helpful in challenging …

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The Role Of Jury In Modern Malpractice Law, Philip G. Peters Jr. Jan 2002

The Role Of Jury In Modern Malpractice Law, Philip G. Peters Jr.

Faculty Publications

This article explores the policy issues raised by the choice between a custom-based standard of care and a jury-determined reasonability standard. The author examines not only traditional legal arguments but also the recent findings of cognitive psychology, jury performance studies, and health industry research. Not surprisingly, this analysis reveals that both options are imperfect. However, the author cautiously recommends the reasonable physician standard. The revolutionary transformation of the health care industry in last quarter of a century has transferred considerable power from physicians to the health insurance industry, an industry that has not yet earned the privilege of self-regulation. Unlike …

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Are We There Yet? The Case For A Uniform Electronic Recording Act, Dale A. Whitman Jan 2002

Are We There Yet? The Case For A Uniform Electronic Recording Act, Dale A. Whitman

Faculty Publications

To implement digital recording, a confluence of several factors is necessary: political will on the part of the public officials involved (recorders and their political masters, usually county commissioners or supervisors), legal authority, and budgets adequate to the task. Without all of these factors, little progress is likely.

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Interracial Intimacy And The Potential For Social Change, Stephanie M. Wildman Jan 2002

Interracial Intimacy And The Potential For Social Change, Stephanie M. Wildman

Faculty Publications

In her review essay Interracial Intimacy and the Potential for Social Change, Stephanie Wildman examines Interracial Intimacy: The Regulation of Race and Romance by Rachel F. Moran. Moran's book investigates the so-called private landscape of race in the context of interracial intimacy. Moran urges the connection between our personal, private views of race and racial issues and the policy decisions society makes in the public realm. Moran explores historic antimiscegenation laws and their role in establishing societal norms and customs, the significance of race in daily life, the legal decisions leading to Loving v. Virginia, and the role of race …

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Interspousal Tort Immunity And Insurance "Family Member Exclusions": Shared Assumptions, Relational And Liberal Feminist Challenges, Jennifer Wriggins Jan 2002

Interspousal Tort Immunity And Insurance "Family Member Exclusions": Shared Assumptions, Relational And Liberal Feminist Challenges, Jennifer Wriggins

Faculty Publications

Interspousal tort immunity persists de facto through the mechanism of private insurance, the article explains. Although interspousal tort immunity has been eliminated as a doctrinal matter, it endures as a reality. Liability insurance is inseparable from tort liability and drives the tort litigation system in this as well as other contexts. The insurance family member exclusion and the insurance intentional acts exclusion operate together to ensure that interspousal tort claims such as domestic violence tort claims will not be brought. These are reasonably considered to be gender-specific harms and the exclusion of them from tort compensation is a failing of …

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Revised Article 9, The Proposed Bankruptcy Code Amendments And Securitizing Debtors And Their Creditors, Lois R. Lupica Jan 2002

Revised Article 9, The Proposed Bankruptcy Code Amendments And Securitizing Debtors And Their Creditors, Lois R. Lupica

Faculty Publications

The new provisions in Revised Article 9 both reflects the drafters’ decision to enhance secured creditors’ rights, but also includes myriad provisions designed to facilitate securitization transactions. Because bankruptcy law looks to state law (specifically Article 9) to determine the rights of creditors and transferees with respect to personal property, changes to Article 9 are in effect, changes to bankruptcy law. The question raised by the changes to Article 9 is whether these changes are consistent with our historical understanding of bankruptcy policy.

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Environmental Regulation, Tort Law And Environmental Justice: What Could Have Been, Tseming Yang Jan 2002

Environmental Regulation, Tort Law And Environmental Justice: What Could Have Been, Tseming Yang

Faculty Publications

No abstract provided.

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Expectations For The Twenty-First Century: An Overview Of The New Limited Partnership Act, Thomas Geu, Barry Nekritz Jan 2002

Expectations For The Twenty-First Century: An Overview Of The New Limited Partnership Act, Thomas Geu, Barry Nekritz

Faculty Publications

No abstract provided.

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New Dimensions Of The Section 5 Enforcement Power, David Day Jan 2002

New Dimensions Of The Section 5 Enforcement Power, David Day

Faculty Publications

No abstract provided.

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The Advisory Practice And Procedure Of The Inter-American Court Of Human Rights:Contributing To The Evolution Of International Human Rights Law, Jo Pasqualucci Jan 2002

The Advisory Practice And Procedure Of The Inter-American Court Of Human Rights:Contributing To The Evolution Of International Human Rights Law, Jo Pasqualucci

Faculty Publications

No abstract provided.

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Deadliest Enemies: Law And The Making Of Race Relations On And Off Rosebud Reservation By Thomas Biolsi (Book Review), Frank Pommersheim Jan 2002

Deadliest Enemies: Law And The Making Of Race Relations On And Off Rosebud Reservation By Thomas Biolsi (Book Review), Frank Pommersheim

Faculty Publications

No abstract provided.

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Compelled Expression And The Public Forum Doctrine, Howard M. Wasserman Jan 2002

Compelled Expression And The Public Forum Doctrine, Howard M. Wasserman

Faculty Publications

This Article analyzes the theory underlying the Fist Amendment protection against being compelled by government to utter, present, or fund unwanted expression. The author creates a three-part model for determining when the fire speech rights of an objecting payer have been triggered. Under that model, First Amendment rights are implicated when there has been an actual government compulsion requiring an individual to give money to, or for the express benefit of, a specific private speaker for some use that, in itself, should be understood as expressive. This model strikes a necessary balance between the important theoretical underpinnings of the protection …

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The Festo Decision And The Return Of The Supreme Court To The Bar Of Patents, John F. Duffy Jan 2002

The Festo Decision And The Return Of The Supreme Court To The Bar Of Patents, John F. Duffy

Faculty Publications

No abstract provided.

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Misunderstood, Neal Devins Jan 2002

Misunderstood, Neal Devins

Faculty Publications

No abstract provided.

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The Story Of A Forgotten Battle, Nathan B. Oman Jan 2002

The Story Of A Forgotten Battle, Nathan B. Oman

Faculty Publications

No abstract provided.

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Disturbing And Inspiring, Paula Hannaford-Agor Jan 2002

Disturbing And Inspiring, Paula Hannaford-Agor

Faculty Publications

Book review of A Trial by Jury, by D. Graham Burnett, Knopf, 2001.

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The Myths And Truths That Ended The 2000 Tmdl Program, Linda A. Malone Jan 2002

The Myths And Truths That Ended The 2000 Tmdl Program, Linda A. Malone

Faculty Publications

No abstract provided.

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