Law Commons^™

Appeal No. 0554: Hays And Compnay V. Donald L. Mason, Chief Division Of Oil & Gas, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 94-44

Appeal No. 0557: Robert L. & Sara S. Ratchford V. Donald L. Mason, Chief Division Of Oil & Gas, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 94-83

Appeal No. 0540: M& L Drilling Co., V. Donald Mason, Chief Division Of Oil And Gas, Oil And Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order No. 93-198

Appeal No. 0549: Chestnut Enterprises C/O Frank Dettore, V. Donald Mason, Chief Division Of Oil And Gas, Oil And Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order No. 93-320

Appeal No. 0553: White Investments, Inc V. Donald L. Mason, Chief Division Of Oil & Gas, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 94-47

Appeal No. 0556: Luther Weaver V. Donald L. Mason, Chief Division Of Oil & Gas, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 93-326

Deference, Defiance, And Useful Arts, Craig Allen Nard

Faculty Publications

My objective in this Article is to demonstrate that the PTO's patentability determinations are questions of policy and, therefore, the Federal Circuit's standards of review, as applied to these determinations, are unsound. With respect to the Commissioner's statutory interpretations, I intend to demonstrate that the court's “traditional factors of statutory construction,” which are used in such a way as to avoid deferring to the PTO, result in irrational decisions, or at the very least, an alternative theory of interpretation no more convincing than that put forth by the PTO. My principle assertion, grounded in both doctrine and policy, is that …

Introduction: The Context For Innovation In Japan, Comparative Competitive Aspects, Peter M. Gerhart

Faculty Publications

Introduction to Thomas J. Klitgarrd's "Context for the Innovation in Japan: Comparative Competitive Aspects and Some Practical Comments."

Seizing Evidence From Suspects For Forensic Analysis, Paul C. Giannelli

Faculty Publications

No abstract provided.

American Indian Tribes And 401(K) Plans, Erik M. Jensen

Faculty Publications

No abstract provided.

Consensus Of The Governed: The Legitimacy Of Constitutional Change, Raymond Shih Ray Ku

Faculty Publications

This Article argues that, contrary to current practices, constitutional change is legitimate only when it commands the unanimous support of the people, or, because unanimous support is practically impossible, when it is accomplished through procedural devices (i.e., representation, ratification, and supermajority support) that safeguard minority interests in an effort to determine the public good and approximate the will of the people as a whole. Constitutional change is illegitimate when it represents only the will of a portion of the people. This Article attempts to answer the question of what makes a constitution or a constitutional amendment legitimate, and provides specific …

A Theory Of Verbal Completeness, Dale A. Nance

Faculty Publications

In this Article I will endorse the view that the most important modem function of the completeness rule is to trump otherwise applicable exclusionary rules, though not every rule in every instance. I will also offer the general proposition that it should almost always trump one large and important class of exclusionary rules, those based upon the "best evidence" principle, that is, the principle that parties should present to the tribunal the epistemically best evidence available to them on a given litigated issue.

Conditional Probative Value And The Reconstruction Of The Federal Rules Of Evidence, Dale A. Nance

Faculty Publications

In a recent article, Richard Friedman articulates a modified and generalized version of the doctrine of conditional relevance, which he calls "conditional probative value."1 This version comes in response to a substantial body of academic criticism of the traditional doctrine.2 As one of the critics to whom Professor Friedman responds, I offer this reply with two purposes in mind: (1) to clarify the relationship between Friedman's analysis and my earlier reinterpretation of the conditional relevance doctrine; and (2) to ad- dress Friedman's specific proposals with regard to the Federal Rules of Evidence. I conclude that Friedman's articulation helps clarify the …

Musical Chairs: The Dissolution Of States And Membership In The United Nations, Michael P. Scharf

Faculty Publications

No abstract provided.

Empirical Legal Scholarship: Reestablishing A Dialogue Between The Academy And Profession, Craig Allen Nard

Faculty Publications

Should legal academics begin to engage in a greater degree of empirical scholarship, I believe that the gap between law schools and the profession will not only cease to distend, but actually will begin to contract. If what I assert is true, or even partially true, the question remains: Why is there such a paucity of empirical legal scholarship?

Part I of this article discusses the importance and value of the empirical method and empirical scholarship by briefly exploring the philosophy of Pragmatism and its influence on the law. Thereafter, part II explores why legal academics do not engage in …