Law Commons^™

Who Should Control The Decision To Call A Witness: Respecting A Criminal Defendant's Tactical Choices, Rodney J. Uphoff

Faculty Publications

A law student approached me not long ago to discuss a problem he had encountered while helping to prepare a criminal case for retrial. The defendant's first trial ended with a hung jury. The defendant, Steven Brown, now faced a second trial on the same misdemeanor charge of assaulting a police officer. Although the defendant still wanted to go to trial, Brown told defense counsel that he did not want his elderly father to have to testify again. From defense counsel's standpoint, the father's testimony was critical because he was the only witness corroborating the defendant's version of the event. …

Privacy, Cyberspace, And Democracy: A Case Study, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Book Review Of Kosovo: How Myths And Truths Started A War, Linda A. Malone

Faculty Publications

No abstract provided.

Marital Status Discrimination: A Proposal For Title Vii Protection, Nicole Buonocore Porter

Faculty Publications

Marital status is not one of the protected categories of Title VII of the Civil Rights Act of 1964, the federal antidiscrimination statute that governs discrimination in employment. This Article will argue that to avoid the types of inequities caused by marital status discrimination, it is necessary for Title VII to protect employees against marital status discrimination.

The more common claims of marital status discrimination are claims that an employer's no-spouse rule or antinepotism policy violates the state antidiscrimination statute. [These policies have two significant problems.] First of all, many courts fail to look at the widely disparate consequences of …

Addressing Domestic Violence In Immigrant Communities, Deborah M. Weissman

Faculty Publications

No abstract provided.

Choice Of Small Business Tax Entity, John W. Lee

Faculty Publications

This article summarizes parts of Lee’s forthcoming article “A Populist Political Perspective of the Business Tax Entities Universe: Hey the Stars Might Lie But the Numbers Never Do,” 78 Texas L. Rev. 885 (2000). Conventional wisdom, says Lee, holds that the LLC, due to its limited liability and hassle-free single level of taxation, will supplant C and S corporations as the choice of entity for new businesses. In fact, in most jurisdictions corporate formations outnumber LLC formations 2:1 or more, and IRS Statistics of Income (SOI) projects that the S corporation will be the fastest growing tax entity for 2000 …

Supreme Court's 1998-1999 Term: Fourth Amendment Decisions, Kathryn R. Urbonya

Faculty Publications

No abstract provided.

Control And Governance Of Transmission Organizations In The Restructured Electricity Industry, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

New Developments In Scientific Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.

Managing Internal Administrative Change, Joseph A. Custer

Faculty Publications

Mr. Custer considers the impact of already instituted internal administrative change on library staff and how best to deal with it. He approaches the topic by describing what his own library did when faced with significant internal administrative restructuring.

Banking Regulation: Its History And Future, Jerry W. Markham

Faculty Publications

This article traces the history of the growth and regulation of banking services in the United States. That history will show how the existing regulatory structure was developed in response to demands of the Civil War and a populist crusade against the “money trust.” That effort reached its zenith with the New Deal legislation of the 1930s, but began to fall apart as financial services consolidated. The article will then show how the financial services industries (banking, insurance, securities and derivatives) began to merge in their product base while at the same time separating on a fault line between institutional …

The Power Of Codification In Latin America: Simón Bolívar And The Code Napoléon, M C. Mirow

Faculty Publications

Codification can be an effective means to centralize and to consolidate state power. The use of codification in this manner runs against the commonly perceived notion that it promotes republican and egalitarian values. As Simon Bolivar's dictatorship quickly crumbled around him, he turned to codification based on the Code Napoleon as part of an attempt to unify Gran Colombia. Factors leading him to this undertaking and source were the need for legal reform, his emulation of Napoleon, his exposure to the works of Jeremy Bentham, and, speculatively, the influence of Andres Bello. Boivar's attempt at codification was not to complete …

Reflections: Beyond Compliance Theory-Trips As A Substantive Issue, Peter M. Gerhart

Faculty Publications

Introduction to symposium on TRIPS as a Substantive Issue, Cleveland, Ohio, 2000.

Fashionable Genetic Explanations In The Courtroom: Litigating Personal Injuries Based On Genetic Risk, Jennifer Wriggins

Faculty Publications

New developments in molecular genetics hold much promise for society. Gene therapy research is underway with the aim of helping to fight, and perhaps even eliminate some diseases. DNA data can be used as evidence to help free innocent people and put guilty ones in jail. Agricultural biotechnology can make crops and pesticides more productive. And cloning may offer exciting potential. There is little doubt that further· developments in the areas of genetics and biotechnology will change our lives in unanticipated ways.

Despite the potential benefits to society, there exist valid and serious I concerns about the potential for misuse …

A Symposium Précis, Thomas E. Baker

Faculty Publications

No abstract provided.

Tort Liability, Religious Entities, And The Decline Of Constitutional Protection, Scott C. Idleman

Faculty Publications

This article examines the long-term viability of the First Amendment prohibition on the adjudication of legal actions requiring the resolution of religious questions, such as disputes over theological doctrine, scriptural interpretation, or ecclesiastical law. In particular, the article focuses on tort suits against religious institutions and clergy, often stemming from the latter's alleged misconduct towards congregants or children. Part I contends that the bar on certain tort actions is actually an application of a more general prohibition on the adjudication of religious questions and examines the contours of this prohibition and its specific application in the tort context. Part II …

Property Rights In John Marshall’S Virginia: The Case Of Crenshaw And Crenshaw V. Slate River Company, J. Gordon Hylton

Faculty Publications

No abstract provided.

Applying Antitrust Law To Ncaa Regulation Of “Big Time” College Athletics: The Need To Shift From Nostalgic 19th And 20th Century Ideals Of Amateurism To The Economic Realities Of The 21st Century, Matthew J. Mitten

Faculty Publications

No abstract provided.

Editorial Views: Choosing And Death, Alison Mcchrystal Barnes

Faculty Publications

No abstract provided.

When Is A State Post-Conviction Application “Properly Filed” Within The Meaning Of The Aedpa?, Jay E. Grenig

Faculty Publications

No abstract provided.

What Constitutes Ineffective Assistance Of Counsel At Sentencing?, Jay E. Grenig

Faculty Publications

No abstract provided.

What Constitutes “Property” Under The Federal Mail Fraud Statute?, Ralph C. Anzivino

Faculty Publications

No abstract provided.

The Influence Of Amicus Curiae Briefs On The Supreme Court, Joseph D. Kearney, Thomas W. Merrill

Faculty Publications

No abstract provided.

Will The Fcc Go The Way Of The Icc?, Joseph D. Kearney

Faculty Publications

No abstract provided.

Can The Police "Impound" A Home While They Seek A Search A Search Warrant?, Ralph C. Anzivino

Faculty Publications

No abstract provided.

Has The Federal Common-Law D'Oench Doctrine Been Preempted?, Ralph C. Anzivino

Faculty Publications

No abstract provided.

When Is An Order Compelling Arbitration Subject To Appellate Review Under The Federal Arbitration Act?, Jay E. Grenig

Faculty Publications

No abstract provided.

When Must A Capital Jury Be Told That The Defendant Will Be Ineligible For Parole If Sentenced To Life?, Jay E. Grenig

Faculty Publications

No abstract provided.

Can A Public Employer Require Employees To Use Their Comp Time?, Jay E. Grenig

Faculty Publications

No abstract provided.

Ethics Consult: E-Ethics, Michael K. Mcchrystal

Faculty Publications

The fit between laws regulating professional ethics and the means of conducting business, particularly telecommunications and computer technology, has become tenuous. Here, McChrystal examines recent legal decisions concerning electronic transmission of information and discusses the impact of Internet messages and e-mail on attorney-client privilege.