Law Commons^™

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

Faculty Publications

No abstract provided.

Mcmillan V. Mcmillan: Choice Of Law In A Sinkhole, Doug R. Rendleman

Faculty Publications

No abstract provided.

The Decline And Fall Of Taxable Income, Glenn E. Coven

Faculty Publications

No abstract provided.

Slouching Toward Bethlehem With The Ninth Amendment, William W. Van Alstyne

Faculty Publications

This review discusses Charles Black’s work “Decision According to Law”, which examines the tendency and the means used by activist judges to provide fair decisions through the use of more flexible principles of Constitutional law. While Black’s writing style is both informative and powerful, his original thesis regarding the Ninth Amendment acting as Congressional endorsement of the courts’ activist role is uncompelling and poorly supported.

Categories And The First Amendment: A Play In Three Acts, Frederick Schauer

Faculty Publications

No abstract provided.

Precedent Times Three: Stare Decisis In The Divided Fifth Circuit, Thomas E. Baker

Faculty Publications

October 1, 1981, marked a milestone in the history of our federal courts. On that day the Fifth Circuit Court of Appeals Reorganization Act of 1980 (Reorganization Act) divided the" former fifth circuit" into the" new fifth circuit," composed of the District of the Canal Zone, Louisiana, Mississippi, and Texas, and the new" eleventh circuit," composed of Alabama, Florida, and Georgia.

Constitutional Law, Thomas E. Baker

Faculty Publications

This 1981 article discusses principles of federal constitutional law. Professor Baker notes that the constitutional decisions of the courts of appeals will continue to increase in number and importance as the burgeoning federal caseload grows. Professor Baker analyzes how the Fifth Circuit dealt with constitutional principles in the year preceding the article. The article commences with a discussion of cases dealing with justiciability issues. The justiciability issues discussed include standing, mootness, advisory opinions, political questions, ripeness, and Eleventh Amendment issues. Next, Professor Baker discusses cases construing the Commerce Clause. Next, the article discusses cases dealing with due process issues, both …

Products Liability: Substantive Developments, David G. Owen

Faculty Publications

No abstract provided.

Jury Nullification: The Contours Of A Controversy, Alan Scheflin

Faculty Publications

No abstract provided.

Title Ix And Employment Discrimination: A Wrong In Search Of A Remedy, Rosemary C. Salomone

Faculty Publications

(Excerpt)

Since the early 1960's when the struggle for women's rights gained renewed strength and hope from the civil rights movement, a number of federal laws have been enacted to protect the rights of women in employment. Among these laws are included Title VII of the Civil Rights Act of 1964 as amended in 1972 (hereinafter referred to as Title VII) which prohibits employment discrimination based upon sex in addition to the grounds of race, color, religion and national origin; Executive Order 11375 which prohibits sex discrimination by employers holding federal contracts; and the Equal Pay Act of 1963 as …

The First Amendment And The Free Press: A Comment On Some New Trends And Some Old Theories, William W. Van Alstyne

Faculty Publications

Responding to the trend of media rights being subjugated through the legal process, this article examines Justice Stewart's suggestion that the media should be treated with extra deference in First Amendment cases. This examination looks at the sufficiency of the press's claim of judicial harshness, whether the press should be treated differently than other speakers, and also compares press freedom in foreign nations.

Federal Protection For Archaeological Resources, Ronald H. Rosenberg

Faculty Publications

No abstract provided.

The Recrudescence Of Property Rights As The Foremost Principle Of Civil Liberties: The First Decade Of The Burger Court, William W. Van Alstyne

Faculty Publications

No abstract provided.

Rethinking The Policies Of Strict Products Liability, David G. Owen

Faculty Publications

No abstract provided.

The New Iowa Criminal Code: Part Ii, Kermit L. Dunahoo

Faculty Publications

No abstract provided.

Antitrust Liability Of Municipal Corporations: The Per Se Rule Vs. The Rule Of Reason - A Reasonable Compromise, Ramon A. Klitzke

Faculty Publications

No abstract provided.

When Does A Limited Partnership Possess The Corporate Characteristic Of Limited Liability?, Ralph C. Anzivino

Faculty Publications

No abstract provided.

Comment, Rationalizing Liability For Nondisclosure Under 10b-5: Equal Access To Information And United States V. Chiarella,, Juliet P. Kostritsky

Faculty Publications

Chiarella provided the Second Circuit with an opportunity to resolve an important issue on which there previously had been no square holding: whether a person who is not an insider and has no inside knowledge about the company whose securities he is trading nevertheless has a duty to disclose nonpublic material information in his possession about impending stock market events. The court viewed such a person as a "market insider"'" and found a duty to disclose. To evaluate the propriety of imposing liability in this situation, this comment will first trace the development and expansion of liability for nondisclosure under …

Scientific Evidence - Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.

Note, United States V. Progressive, Inc.: The Faustian Bargain And The First Amendment, Jonathan L. Entin

Faculty Publications

Note discussing United States v. Progressive, Inc.

Constitutional Limits On State Regulatory And Protectionist Policies, Peter M. Gerhart

Faculty Publications

My theme throughout is this: Although the Supreme Court's sometimes timid review of state regulatory legislation may be explained by its continued allergic reaction to economic due process review, that timidity is often unwarranted because the Constitution does embody several principles that protect the free market from some forms of state intervention.

Sex Discrimination In Coaching, R. Lawrence Dessem

Faculty Publications

This article will attempt to provide a legal framework for analysis of this not uncommon payment of lower salaries or stipends to the teacher-coaches (both male and female) of girls' athletics than to the teacher-coaches of comparable or identical boys' sports.

Contribution A L'Etude Des Accords Culturels Vers Un Droit International De La Culture, Howard C. Anawalt

Faculty Publications

No abstract provided.

Innovation In The Law Of Warranty: The Burden Of Reform, Timothy J. Sullivan

Faculty Publications

No abstract provided.

The Alternative Minimum Tax: Proving Again That Two Wrongs Do Not Make A Right, Glenn E. Coven

Faculty Publications

No abstract provided.

Scientific Evidence - Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.

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

Faculty Publications

No abstract provided.

The Local Service Concept In Broadcasting: An Evaluation And Recommendation For Change, Tom A. Collins

Faculty Publications

No abstract provided.

Neutrality In Modern Armed Conflicts: A Survey Of The Developing Law, Walter L. Williams Jr.

Faculty Publications

No abstract provided.

International Law And The American Hostages In Iran, Walter L. Williams Jr.

Faculty Publications

No abstract provided.