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Articles 8281 - 8310 of 8707
Full-Text Articles in Law
Liabilities In Excess Of Basis: Focht, Section 357(C)(3) And The Assignment Of Income, Glenn E. Coven
Liabilities In Excess Of Basis: Focht, Section 357(C)(3) And The Assignment Of Income, Glenn E. Coven
Faculty Publications
No abstract provided.
Co-Conspirator Declarations: The Federal Rules Of Evidence And Other Recent Developments, From A Criminal Law Perspective, Paul Marcus
Faculty Publications
Perhaps the most important advantage available to a prosecutor in a criminal conspiracy case is the exception to the hearsay rule for co-conspirator declarations. The exception is widely used and is often a significant part of the government presentation. In essence, it provides that otherwise inadmissible hearsay declarations of coconspirators are admissible at trial against the defendant so long as they were made during the course and in furtherance of the conspiracy. The exception typically arises when an alleged co-conspirator declarant tells the witness (often an undercover police officer) all about the conspiracy, perhaps in the hope of attracting a …
A Proposal For A Comprehensive Restructuring Of The Public Information System, Charles H. Koch Jr., Barry R. Rubin
A Proposal For A Comprehensive Restructuring Of The Public Information System, Charles H. Koch Jr., Barry R. Rubin
Faculty Publications
No abstract provided.
New Law Building Construction Progresses, William B. Spong Jr.
New Law Building Construction Progresses, William B. Spong Jr.
Faculty Publications
No abstract provided.
Air Quality And Industrial Growth: The Location Of New Industiral Sources Of Pollution In Non-Attainment Areas, Ronald H. Rosenberg, Bruce A. Friedman
Air Quality And Industrial Growth: The Location Of New Industiral Sources Of Pollution In Non-Attainment Areas, Ronald H. Rosenberg, Bruce A. Friedman
Faculty Publications
No abstract provided.
The Confrontation Clause And Co-Defendant Confessions: The Drift From Bruton To Parker V. Randolph, Paul Marcus
The Confrontation Clause And Co-Defendant Confessions: The Drift From Bruton To Parker V. Randolph, Paul Marcus
Faculty Publications
No abstract provided.
Private Speech And The Private Forum: Givhan V. Western Line School District, Frederick Schauer
Private Speech And The Private Forum: Givhan V. Western Line School District, Frederick Schauer
Faculty Publications
No abstract provided.
Free Press-Fair Trial: Restrictive Orders After Nebraska Press, Doug R. Rendleman
Free Press-Fair Trial: Restrictive Orders After Nebraska Press, Doug R. Rendleman
Faculty Publications
No abstract provided.
Patent Law: Equivalency And Validity In The Seventh Circuit, Ramon A. Klitzke
Patent Law: Equivalency And Validity In The Seventh Circuit, Ramon A. Klitzke
Faculty Publications
No abstract provided.
The Decision To Incorporate, Thomas Lee Hazen
The Decision To Incorporate, Thomas Lee Hazen
Faculty Publications
No abstract provided.
Making Sense Of Desegregation And Affirmative Action, William W. Van Alstyne
Making Sense Of Desegregation And Affirmative Action, William W. Van Alstyne
Faculty Publications
This review discusses J. Harvie Wilkinson's From Brown to Bakke and its companion work, Counting by Race: Equality from the Founding Fathers to Bakke and Weber written by Terry Eastland and William J. Bennett. Wilkinson's work is found to maintain a narrow focus on its specific subject of school desegregation and the Supreme Court, but it suffers from over-exaggeration and an abundance of adornment in his writing style. Counting is a provocative piece that asserts the position that the Constitution is still not color-blind, despite what many have proposed, and makes an authoritative argument for such a claim.
The Proposed Twenty-Seventh Amendment: A Brief, Supportive Comment, William W. Van Alstyne
The Proposed Twenty-Seventh Amendment: A Brief, Supportive Comment, William W. Van Alstyne
Faculty Publications
No abstract provided.
Speech And Speech - Obscenity And Obscenity: An Exercise In The Interpretation Of Constitutional Language, Frederick Schauer
Speech And Speech - Obscenity And Obscenity: An Exercise In The Interpretation Of Constitutional Language, Frederick Schauer
Faculty Publications
Commentators have criticized the Supreme Court's use of the "two-level" theory of speech to place obscenity beyond the pale of the first amendment. They charge the Court with shirking the task of balancing first amendment values and the states' interests in regulating obscene material. Professor Schauer meets this criticism by examining the meaning of the word "speech" in the context of the purposes of the first amendment and the Constitution as a whole. He concludes that "speech"does not include a category.of obscenity'that performs the function of a surrogate sexual act and is lacking in communicative content. The Court's treatment of …
The Allen Instruction In Criminal Cases: Is The Dynamite Charge About To Be Permanently Defused?, Paul Marcus
The Allen Instruction In Criminal Cases: Is The Dynamite Charge About To Be Permanently Defused?, Paul Marcus
Faculty Publications
No abstract provided.
Pre-Retirement Qualified Plan Pay-Outs Under Erisa, Harry V. Lamon, John W. Lee
Pre-Retirement Qualified Plan Pay-Outs Under Erisa, Harry V. Lamon, John W. Lee
Faculty Publications
No abstract provided.
Credibility Of Witnesses, Paul C. Giannelli
Credibility Of Witnesses, Paul C. Giannelli
Faculty Publications
No abstract provided.
Eyewitness Identifications, Paul C. Giannelli
Eyewitness Identifications, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Ohio Bill Of Rights, Paul C. Giannelli
Polygraph Evidence, Paul C. Giannelli
Products Liability--Applicability Of Comparative Negligence To Misuse And Assumption Of The Risk, David A. Fischer
Products Liability--Applicability Of Comparative Negligence To Misuse And Assumption Of The Risk, David A. Fischer
Faculty Publications
A trend is emerging to apply comparative negligence in strict products liability actions. This creates two serious difficulties. First is the question of how to compare the negligence of one party with the strict liability of the other party.
State Ownership Of Beds Of Inland Waters - A Summary And Reexamination, Peter N. Davis
State Ownership Of Beds Of Inland Waters - A Summary And Reexamination, Peter N. Davis
Faculty Publications
This article will summarize the basic structure of bed title law and will examine its current status under the recent Supreme Court decisions. It will then analyze the cases to determine the location of title of beds of federally nonnavigable inland waters when a state created from a federal territory asserts such title.
Board Of Curators Of The University Of Missouri V. Horowitz: Academic Versus Judicial Expertise, R. Lawrence Dessem
Board Of Curators Of The University Of Missouri V. Horowitz: Academic Versus Judicial Expertise, R. Lawrence Dessem
Faculty Publications
In Board of Curators of the University of Missouri v. Horowitz' the United States Supreme Court rejected the argument that public university students are constitutionally entitled to a hearing prior to their dismissal from school for academic reasons. In ruling against a former medical student at the University of Missouri-Kansas City, the Court concluded that "the determination whether to dismiss a student for academic reasons requires an expert evaluation of cumulative information and is not readily adapted to the procedural tools of judicial or administrative decisionmaking. ' In this article that conclusion and the several opinions in Horowitz will be …
Products Liability--Applicability Of Comparative Negligence, David A. Fischer
Products Liability--Applicability Of Comparative Negligence, David A. Fischer
Faculty Publications
Products liability and comparative negligence are two very rapidly developing fields of tort law. In recent years, the vast majority of courts have adopted strict liability for harm caused by defective products. At the same time, the doctrine of comparative negligence has changed almost overnight from a doctrine that had been accepted by only a handful of jurisdictions into what is now the majority approach in this country.
State Regulation Of Alien Land Ownership, William B. Fisch
State Regulation Of Alien Land Ownership, William B. Fisch
Faculty Publications
In the 1970's, due to a number of factors only one of which is the new-found wealth of the oil-producing nations, the volume of foreign direct investment in the United States has increased dramatically. The magnitude of this capital inflow, while it is doubtless beneficial in many respects, has caused widespread alarm over the possibility of a loss of economic sovereignty. Over the last several years efforts have been made to establish a national system of control over such investment. These efforts are continuing, but so far without conspicuous success.
Secrecy And Real Property, Dale A. Whitman
Secrecy And Real Property, Dale A. Whitman
Faculty Publications
It is not unusual for owners of real property to wish to conceal from government or the public either the fact of their ownership or certain salient characteristics of the property they hold. The objective of this article is to consider the extent to which this desire for secrecy is supported by sound policy and American legal doctrine. It will focus on the civil recourse available to an owner of real property against private persons who, without the owner's knowledge and consent, reveal information about the ownership or physical characteristics of the property. The article will also consider whether the …
Legal Services, Prisoners' Attitudes And "Rehabilitation.", Geoffrey P. Alpert, John M. Finney, James F. Short Jr
Legal Services, Prisoners' Attitudes And "Rehabilitation.", Geoffrey P. Alpert, John M. Finney, James F. Short Jr
Faculty Publications
No abstract provided.
Defenses Under The Age Discrimination In Employment Act: Misinterpretation, Misdirection, And The 1978 Amendments, Mack Player
Defenses Under The Age Discrimination In Employment Act: Misinterpretation, Misdirection, And The 1978 Amendments, Mack Player
Faculty Publications
No abstract provided.
Termination Of Parental Rights And The Void For Vagueness Doctrine: A Successful Attack On The Parens Patriae Rationale, David Day
Faculty Publications
No abstract provided.
The Proposed Ohio Rules Of Evidence: The General Assembly, Evidence, And Rulemaking, Paul C. Giannelli
The Proposed Ohio Rules Of Evidence: The General Assembly, Evidence, And Rulemaking, Paul C. Giannelli
Faculty Publications
The Ohio Supreme Court has twice promulgated and the Ohio General Assembly has twice disapproved the proposed Ohio Rules of Evidence. Moreover, the office of the Attorney General has opposed the proposed Rules in an article published in this review. The author examines the arguments against the Rules and concludes that the supreme court has the constitutional authority to prescribe most rules of evidence and that the General Assembly should accept the proposed Rules with amendments.
The Proposed Revised Federal Criminal Code: Conspiracy Provisions, Paul Marcus
The Proposed Revised Federal Criminal Code: Conspiracy Provisions, Paul Marcus
Faculty Publications
No abstract provided.