Law Commons^™

Codifying The First Amendment: New York V. Ferber, Frederick Schauer

Faculty Publications

No abstract provided.

A Postscript On Precedent In The Divided Fifth Circuit, Thomas E. Baker

Faculty Publications

Professor Baker analyzes the three courts that resulted from the split of the United States Court of Appeals for the Fifth Circuit in 1981 and how each court treats precedent.

Probation For Class C Misdemeanors: To Fine Or Not To Fine Is Now The Question, Thomas E. Baker

Faculty Publications

No abstract provided.

Book Review Of Medical Malpractice Law: A Comparative Law Study Of Civil Responsibility Arising From Medical Care, Paul Marcus

Faculty Publications

No abstract provided.

Archeological Resource Preservation: The Role Of State And Local Government, Ronald H. Rosenberg

Faculty Publications

No abstract provided.

Physical And Financial Abuse Of The Elderly, George J. Alexander, United States House Of Representatives, Select Committee On Aging

Faculty Publications

No abstract provided.

North Haven And Dougherty: Narrowing The Scope Of Title Ix, Rosemary C. Salomone

Faculty Publications

(Excerpt)

Since 1975 when the former Department of Health, Education and Welfare (hereinafter referred to as HEW) initially promulgated regulations pursuant to Title IX of the Education Amendments of 1972 (hereinafter referred to as Title IX), four Courts of Appeals and numerous District Courts have declared invalid the Title IX regulations governing the employment practices and policies of educational institutions. In an attempt to avoid administrative chaos resulting from enforcement inconsistencies, the Justice Department petitioned the Supreme Court to review the decisions of the First, Sixth and Eighth Circuits. This petition was denied on November 26, 1979, thereby letting the …

The Rule Of Insurable Interest And The Principle Of Indemnity: Are They Measures Of Damages In Property Insurance?, Emeric Fischer

Faculty Publications

No abstract provided.

Capital Expenditures: A Result In Search Of A Rationale, John W. Lee, Nina R. Murphy

Faculty Publications

No abstract provided.

Legal Scholarship And The Mission Of A Law Faculty, Charles H. Koch Jr., Frederick Schauer

Faculty Publications

No abstract provided.

Another Chapter In The History Of Marshall-Wythe, William F. Swindler

Faculty Publications

No abstract provided.

The Inadequate Remedy At Law Prerequisite For An Injunction, Doug R. Rendleman

Faculty Publications

No abstract provided.

Memorable Murder Trials Of Los Angeles, Gerald F. Uelmen

Faculty Publications

No abstract provided.

The Competitive Advantages Explanation For Interbrand Restraints: An Antitrust Analysis, Peter M. Gerhart

Faculty Publications

This article argues that antitrust doctrine concerning intrabrand restrictions is unsatisfactory because the economic theory of intrabrand restrictions has been only partially developed and articulated. An unfilled and largely unacknowledged analytical gap exists between the view that intrabrand restraints are generally anticompetitive and the view that intrabrand restraints are generally efficiency-producing. That gap is the failure to explore how a manufacturer benefits from intrabrand restraints other than by increasing the profitability of his dealers. This article attempts to fill that gap by drawing on the theory of imperfect competition to explain why manufacturers find it profitable to restrict intrabrand competition …

Developments In Patent Law, Ramon A. Klitzke

Faculty Publications

No abstract provided.

The Use Of Tying Requirements In Patent Licensing, Ramon A. Klitzke

Faculty Publications

No abstract provided.

Products Liability--An Analysis Of Market Share Liability, David A. Fischer

Faculty Publications

In Sindell v. Abbott Laboratories the Supreme Court of California created the market share liability theory of recovery for products liability cases. The innovative Sindell theory, which applies to certain products liability cases in which causation is either questionable or difficult to prove, departed significantly from the traditional tort principles of causation and liability. The theory allows plaintiffs to recover damages for their injuries, but it discounts the defendant's liability by the probability that it did not cause the harm.

Countersuits Against Attorneys: A Preface, David Owen

Faculty Publications

No abstract provided.

The Ohio Rules Of Evidence: Part Iii, Paul C. Giannelli

Faculty Publications

No abstract provided.

The Ohio Rules Of Evidence: Part V, Paul C. Giannelli

Faculty Publications

No abstract provided.

The Revolution In Corporate Governance, The Monitoring Board, And The Director's Duty Of Care, George W. Dent

Faculty Publications

The theory of corporate governance underwent a revolution in the 1970's. Theorists finally abandoned the myth that a public corporation' is managed by its board of directors, and constructed a new model under which the corporation is managed by its executive officers, and the board, dominated by outside directors, monitors management's performance. This new "monitoring model" has gained wide acceptance among commentators, and several of its elements have been adopted by many public corporations. Even those commentators who do not enthusiastically embrace the entire monitoring model tend to agree that monitoring management is a significant board function.

But expositions of …

The Power Of Directors To Terminate Shareholder Litigation: The Death Of The Derivative Suit?, George W. Dent

Faculty Publications

This article will analyze the problems raised by the board's attempt to terminate shareholder suits and will advance proposals to deal with those problems.

Writing From A Legal Perspective By George D. Gopen, Douglas E. Abrams, Jay Wishingrad

Faculty Publications

Criticism of legal writing has come with increasing frequency and stridency in recent years from lawyers and nonlawyers alike. Judges have criticized the writing of advocates, and lawyers have complained about the writing of judges and other lawyers. Law professors have bemoaned both their students' inability to write the King's English5 *1062 and their own tendency to write ‘unintelligible gibberish.’ And all law school graduates have been pilloried by a general public that has grown increasingly resentful of the unnecessary complexity of ‘legalese.

State Regulation Of Social Services Ministries Of Religious Organizations, Carl H. Esbeck

Faculty Publications

Religiously motivated civil disobedience in the area of social and human services ministries of religious organizations has become increasingly widespread. With growing governmental involvement in the lives of citizens and moves by federal and state agencies to narrowly confine and define religious activities, it comes as no surprise that conflict over the proper role of the state has crept as well into the arena of social and human services conducted from religious motivation. The current litigation and legislation is principally focused on state regulation by certification or licensing requirements that are expanding from health, fire, and safety concerns into the …

Recovery In Tort For Educational Malpractice: Problems Of Theory And Policy, Robert H. Jerry Ii

Faculty Publications

This Article considers whether denial of a cause of action for educational malpractice is consistent with recognized tort principles and the general policy considerations underlying those principles. After briefly summarizing three lawsuits in which the cause of action has been advocated and rejected, it explores the collision between theory and policy that permeates the decisions. The Article suggests that refusal to recognize the cause of action is incompatible with accepted tort principles, and that a cogent theory supporting nonrecognition cannot be articulated within the confines of the accepted principles and the general policies upon which those principles are based. If …

Partnership Taxation: A Deceased Partner's Final Year, Michelle A. Cecil

Faculty Publications

One significant and unresolved partnership taxation problem is the taxation of a deceased partner's final year. In a recent case of first impression, Estate of Hesse v. Commissioner, the Tax Court held that the widow of a deceased partner could not include his share of partnership losses incurred during the year of his death on their final joint income tax return. Consequently, the widow lost thousands of dollars in tax refunds because the loss deductions could not offset prior taxable income. The Tax Court believed the result was illogical and unfair, but nevertheless found that the Code required the decedent's …

Politics And The Constitution In The History Of The United States, Volume Iii, Howard C. Anawalt

Faculty Publications

No abstract provided.

Schucking Off The Rights Of The Aged: Congressional Ambivalence And The Exceptions To The Age Discrimination Act Of 1975, George J. Alexander

Faculty Publications

No abstract provided.

Partisan Justice, Dorothy Glancy

Faculty Publications

No abstract provided.

The Ohio Rules Of Evidence: Part Iv, Paul C. Giannelli

Faculty Publications

No abstract provided.