Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (13)
- Environmental Law (11)
- Criminal Law (9)
- Courts (8)
- Internet Law (8)
-
- Intellectual Property Law (7)
- Indigenous, Indian, and Aboriginal Law (6)
- Constitutional Law (5)
- Legal Writing and Research (5)
- Criminal Procedure (4)
- Disability Law (4)
- International Trade Law (3)
- Jurisdiction (3)
- Property Law and Real Estate (3)
- Entertainment, Arts, and Sports Law (2)
- Health Law and Policy (2)
- Law Enforcement and Corrections (2)
- Law and Gender (2)
- Litigation (2)
- Science and Technology Law (2)
- State and Local Government Law (2)
- Civil Law (1)
- Civil Procedure (1)
- Disaster Law (1)
- Evidence (1)
- Family Law (1)
- Fourth Amendment (1)
- Housing Law (1)
- International Relations (1)
- Keyword
Articles 31 - 60 of 100
Full-Text Articles in Law
“Liking” The Social Media Revolution, Thaddeus A. Hoffmeister
“Liking” The Social Media Revolution, Thaddeus A. Hoffmeister
School of Law Faculty Publications
As in other areas of society, social media has significantly influenced the law. Currently, civil and criminal cases can, and often do, turn on an attorney's understanding and use of social media. In the realm of family law, most practitioners view social media as an essential tool-one that could serve as grounds for malpractice if ignored. Even in legal academia-an area long resistant to change-law schools are starting to understand the impact of social media on the law and offer courses like Social Media and Criminal Law and Law and Social Media.
The goal of this essay is not to …
Teaching “Scholarly Writing” In The First-Year Lwr Class: Bridging The Divide Between Scholarly And Practical Writing, Adam Todd
School of Law Faculty Publications
At a time when there are calls to make legal education more practical and less theoretical, this essay bucks the trend. This piece proposes that there is a need to include an appreciation for “academic” or “scholarly writing” alongside the “practical writing” taught in first-year legal writing classes.
Climate Change Geoengineering: Philosophical Perspectives, Legal Issues, And Governance Frameworks, William C. G. Burns, Andrew L. Strauss
Climate Change Geoengineering: Philosophical Perspectives, Legal Issues, And Governance Frameworks, William C. G. Burns, Andrew L. Strauss
School of Law Faculty Publications
The international community is not taking the action necessary to avert dangerous increases in greenhouse gases. Facing a potentially bleak future, the question that confronts humanity is whether the best of bad alternatives may be to counter global warming through human-engineered climate interventions. In this book, eleven prominent authorities on climate change consider the legal, policy, and philosophical issues presented by geoengineering. The book asks: When, if ever, are decisions to embark on potentially risky climate modification projects justified? If such decisions can be justified, in a world without a central governing authority, who should authorize such projects and by …
Ohio Oil And Gas Litigation In The New Fracking Era, Blake Watson
Ohio Oil And Gas Litigation In The New Fracking Era, Blake Watson
School of Law Faculty Publications
There is a new era of oil and gas exploration in Ohio: the horizontal “fracking” era. Although the hydraulic fracturing process has been utilized for decades, the recent development of horizontal drilling methods has enabled companies to extract oil and gas from the Marcellus and Utica deep shale formations. Horizontal hydraulic fracturing has substantially changed oil and gas drilling in eastern Ohio, as evident by the following statements taken from a complaint filed by landowners in Columbiana County:
From 2008 through 2010, few Columbiana County landowners understood the significance of the Utica shale play. ... [M]any landowners enter[ed] into oil …
Getting Beyond Intuition In The Probable Cause Inquiry, Erica Goldberg
Getting Beyond Intuition In The Probable Cause Inquiry, Erica Goldberg
School of Law Faculty Publications
Courts are proudly resigned to the fact that the probable cause inquiry is “nontechnical.” In order to conduct a search or make an arrest, police need to satisfy the probable cause standard, which the Supreme Court has deemed “incapable of precise definition or quantification into percentages.” The flexibility of this elusive standard enables courts to defer to police officers’ reasonable judgments and expert intuitions in unique situations. However, police officers are increasingly using investigative techniques that replace their own observational skills with test results from some other source, such as drug sniffing dogs, facial recognition technology, and DNA matching. The …
What Do Legal Employers Want To See In New Graduates? Using Focus Groups To Find Out, Susan Wawrose
What Do Legal Employers Want To See In New Graduates? Using Focus Groups To Find Out, Susan Wawrose
School of Law Faculty Publications
What do legal employers expect from new law school graduates? What skills and competencies do employers value most? With the slow legal hiring market and the pressure on law schools to produce graduates with adequate skills to enter law practice, these are burning questions at law schools today. We went directly to typical employers of our law school’s graduates to find the answers.
This Article describes the original research of a Bar Outreach Project formed by three legal research and writing professors at the University of Dayton School of Law. We conducted formal focus groups with legal employers and used …
Cybercrime And The Law: Challenges, Issues, And Outcomes, Susan W. Brenner
Cybercrime And The Law: Challenges, Issues, And Outcomes, Susan W. Brenner
School of Law Faculty Publications
The exponential increase in cybercrimes in the past decade has raised new issues and challenges for law and law enforcement. Based on case studies drawn from her work as a lawyer, Susan W. Brenner identifies a diverse range of cybercrimes, including crimes that target computers (viruses, worms, Trojan horse programs, malware and DDoS attacks) and crimes in which the computer itself is used as a tool (cyberstalking, cyberextortion, cybertheft, and embezzlement). Illuminating legal issues unique to investigations in a digital environment, Brenner examines both national law enforcement agencies and transnational crime, and shows how cyberspace erodes the functional and empirical …
Legal Issues For Treatment Providers And Evaluators, Jeannette Cox
Legal Issues For Treatment Providers And Evaluators, Jeannette Cox
School of Law Faculty Publications
Patients with intellectual disability (ID) can benefit from the full range of mental health services. To ensure that psychiatric assessment, diagnosis and treatment interventions are relevant and effective; individuals with ID should be evaluated and treated within the context of their developmental framework. Behavior should be viewed as a form of communication. This chapter provides a summary of legal issues for ID treatment providers and evaluators.
Investigating Jurors In The Digital Age: One Click At A Time, Thaddeus A. Hoffmeister
Investigating Jurors In The Digital Age: One Click At A Time, Thaddeus A. Hoffmeister
School of Law Faculty Publications
The Internet has resurrected the practice of investigating jurors. Thus, there is a growing need for more research and study on this topic to better understand its impact on the legal system and society as a whole. This Article attempts to fill the current void by taking an in-depth look at online juror investigations. In Part II, this Article offers an overview of juror investigations by attorneys. Here, the Article focuses on the evolution of the practice. In Part III, the Article examines the benefits of the practice to both the legal system and attorneys. This Part demonstrates that more …
Google, Gadgets, And Guilt: Juror Misconduct In The Digital Age, Thaddeus A. Hoffmeister
Google, Gadgets, And Guilt: Juror Misconduct In The Digital Age, Thaddeus A. Hoffmeister
School of Law Faculty Publications
This article begins by examining the traditional reasons for juror research. The article then discusses how the Digital Age has created new rationales for juror research while simultaneously affording jurors greater opportunities to conduct such research. Next, the article examines how technology has also altered juror-to-juror communications and juror-to-non-juror communications. Part I concludes by analyzing the reasons jurors violate court rules about discussing the case.
In Part II, the article explores possible steps to limit the negative impact of the Digital Age on juror research and communications. While no single solution or panacea exists for these problems, this article focuses …
Good Fences Make Good Neighboring Rights: The German Federal Supreme Court Rules On The Digital Sampling Of Sound Recordings In Metall Auf Metall, Tracy Reilly
School of Law Faculty Publications
When viewed in the context of sound recording infringement and digital sampling, two recent high court rulings—one in the United States and the other in Germany—have determined that good fences do, indeed, make for sensible legal boundaries with respect to the copyrights held by the owners of sound recordings. While the legal doctrines employed by the courts in each of these cases are different in letter and theory, both courts concluded that owners of rights held in sound recordings should reasonably expect the law to protect the valid boundaries of those rights when third parties engage in the practice of …
Pregnancy As 'Disability' And The Amended Americans With Disabilities Act, Jeannette Cox
Pregnancy As 'Disability' And The Amended Americans With Disabilities Act, Jeannette Cox
School of Law Faculty Publications
The recent expansion of the Americans with Disabilities Act’s (ADA) protected class invites reexamination of the assumption that pregnant workers may not use the ADA to obtain workplace accommodations. The ADA’s scope now includes persons with minor temporary physical limitations comparable to pregnancy’s physical effects. Accordingly, the primary remaining justification for concluding that pregnant workers may not obtain ADA accommodations is that pregnancy is a physically healthy condition rather than a physiological defect. Drawing on the social model of disability, this Article challenges the assumption that medical diagnosis of “defect” must be a prerequisite to disability accommodation eligibility. The social …
An Enduring Oddity: The Collateral Source Rule In The Face Of Tort Reform, The Affordable Care Act And Increased Subrogation, Adam Todd
School of Law Faculty Publications
Today, despite significant legislative changes in healthcare insurance, tort reform, and subrogation, the collateral source rule has remained in force in many jurisdictions even in the face of rising health insurance costs. This Article argues that as long as health insurance markets are fragmented, the collateral source rule will continue to play an important normative role in the administration of the tort injury compensation process. The rule also helps deter tortious behavior, supports the insured's contractual expectations, is consistent with distributive fairness, and ensures that those engaging in risky activities bear the full cost of injuries. The collateral source will …
Mcdougal-Lasswell Policy Science: Death And Transfiguration, Jack Van Doren, Christopher J. Roederer
Mcdougal-Lasswell Policy Science: Death And Transfiguration, Jack Van Doren, Christopher J. Roederer
School of Law Faculty Publications
This article discusses the death and transfiguration of the legal paradigm referred to as McDougal-Lasswell Policy Science. This paradigm asserts those who make legal decisions should decide on articulated policy grounds rather than attempting to make decisions based merely on rules or principles. The theme centers on the paradox to which jurists have given different degrees of acceptance. In the United States domestic scene, it is virtually dead, and in the international law arena where it is transfigured, it is alive and well.
Cutting The Gordian Knot: How And Why The United Nations Should Vest The International Court Of Justice With Referral Jurisdiction, Andrew L. Strauss
Cutting The Gordian Knot: How And Why The United Nations Should Vest The International Court Of Justice With Referral Jurisdiction, Andrew L. Strauss
School of Law Faculty Publications
The International Court of Justice — the global system's oldest and most venerable tribunal — has failed to meet its full potential. This is in large measure due to the requirement that the Court may only assert jurisdiction over states with their consent, which is often withheld. To help correct for this failure, this article proposes that the Court be given a referral jurisdiction. Referral jurisdiction would empower the Court to issue advisory opinions on interstate disputes without the requirement of state consent. Standing in the way of nonconsent-based jurisdiction, however, is the problem of the Gordian Knot: The world's …
The Antislavery Judge Reconsidered, Jeffrey M. Schmitt
The Antislavery Judge Reconsidered, Jeffrey M. Schmitt
School of Law Faculty Publications
It is conventionally believed that neutral legal principles required antislavery judges to uphold proslavery legislation in spite of their moral convictions against slavery. Under this view, an antislavery judge who ruled on proslavery legislation was forced to choose, not between liberty and slavery, but rather between liberty and fidelity to his conception of the judicial role in a system of limited government. Focusing on the proslavery Fugitive Slave Act of 1850, this article challenges the conventional view by arguing that the constitutionality of the fugitive act was ambiguous; meaning that neutral legal principles supported a ruling against the fugitive act …
The Doctrine Of Discovery And The Elusive Definition Of Indian Title, Blake Watson
The Doctrine Of Discovery And The Elusive Definition Of Indian Title, Blake Watson
School of Law Faculty Publications
On April 15, 2011, the Lewis & Clark Law Review hosted its Spring Symposium, entitled “The Future of International Law in Indigenous Affairs: The Doctrine of Discovery, the United Nations, and the Organization of American States.” While the Symposium participants agree that the doctrine of discovery should be rejected, they disagree on the impact of the discovery doctrine on native land rights in the United States. This Article examines the differing views of Indian title. Specifically, it contrasts the “limited owner” view of Indian title, under which Indian tribes retained nearly all of their proprietary rights, subject only to …
A Global Parliament: Essays And Articles, Andrew L. Strauss, Richard A. Falk
A Global Parliament: Essays And Articles, Andrew L. Strauss, Richard A. Falk
School of Law Faculty Publications
Democracy is the guiding principle for fairly and peacefully making community decision at the local, provincial, and national levels of human society. In this compilation of works, Falk and Strauss argue for a practical approach to now finally extending democratic decision-making to the global system.
The Anti-Counterfeiting Trade Agreement (Acta): An Assessment, Dalindyebo Shabalala
The Anti-Counterfeiting Trade Agreement (Acta): An Assessment, Dalindyebo Shabalala
School of Law Faculty Publications
The Anti-Counterfeiting Trade Agreement (‘ACTA’) is motivated by the perceived lack of progress of multilateral enforcement of intellectual property rights. Building on the equivalent provisions in EU and US bilateral and regional free trade agreements (FTAs), the ACTA parties sought to establish best practice international standards to which other countries could aspire or adhere. Proponents stressed the need to combat the increase in global piracy and counterfeiting, drawing on estimates of the scale of the problem, such as those from the OECD that suggested international trade in counterfeit and pirated products amounted to some $200 billion in 2005 (excluding domestically …
How United States V. Jones Can Restore Our Faith In The Fourth Amendment, Erica Goldberg
How United States V. Jones Can Restore Our Faith In The Fourth Amendment, Erica Goldberg
School of Law Faculty Publications
United States v. Jones, issued in January of this year, is a landmark case that has the potential to restore a property-based interpretation of the Fourth Amendment to prominence. In 1967, the Supreme Court abandoned its previous Fourth Amendment framework, which had viewed the prohibition on unreasonable searches in light of property and trespass laws, and replaced it with a rule protecting the public’s reasonable expectations of privacy. Although the Court may have intended this reasonable expectations test to provide more protection than a test rooted in property law, the new test in fact made the Justices’ subjective views about …
The Impact Of The American Doctrine Of Discovery On Native Land Rights In Australia, Canada, And New Zealand, Blake Watson
The Impact Of The American Doctrine Of Discovery On Native Land Rights In Australia, Canada, And New Zealand, Blake Watson
School of Law Faculty Publications
In Johnson v. McIntosh, John Marshall proclaimed that European discovery of America “gave exclusive title to those who made it . . . .” 21 U.S. 543, 574 (1823). Marshall presented a revised version of the discovery doctrine in Worcester v. Georgia, 31 U.S. 515 (1832), yet it is Johnson that remains the leading decision on native property rights in the United States. The Johnson discovery rule has not only diminished native rights in the United States, but has also influenced the definition of indigenous land rights in Australia, Canada, and New Zealand.
This Article sheds light on …
Applying The Rules Of Discovery To Information Uncovered About Jurors, Thaddeus A. Hoffmeister
Applying The Rules Of Discovery To Information Uncovered About Jurors, Thaddeus A. Hoffmeister
School of Law Faculty Publications
As more and more personal information is placed online, attorneys are increasingly turning to the internet to investigate and research jurors. In certain jurisdictions, the practice has become fairly commonplace. One prominent trial consultant has gone so far as to claim, “Anyone who doesn’t make use of [internet searches] is bordering on malpractice.” While this may somewhat overstate the importance of investigating jurors online, it nonetheless demonstrates just how routine the practice has become. Aside from increased acceptance among practitioners, courts have both approved of and encouraged online investigation of jurors.
While many view this practice as a benefit to …
Knowledge And Education: Pro-Access Implications Of New Technologies, Dalindyebo Shabalala
Knowledge And Education: Pro-Access Implications Of New Technologies, Dalindyebo Shabalala
School of Law Faculty Publications
This book examines the social impact of intellectual property laws. It addresses issues and trends relating to health, food security, education, new technologies, preservation of bio-cultural heritage and contemporary challenges in promoting the arts. It explores how intellectual property frameworks could be better calibrated to meet socio-economic needs in countries at different stages of development, with local contexts and culture in mind. A resource for policy-makers, stakeholders, non-profits and students, this volume furthermore highlights alternative modes of innovation that are emerging to address such diverse challenges as neglected or resurgent diseases in developing countries and the harnessing of creative possibilities …
Disability Stigma And Intraclass Discrimination, Jeannette Cox
Disability Stigma And Intraclass Discrimination, Jeannette Cox
School of Law Faculty Publications
By dramatically enlarging the Americans with Disabilities Act’s (ADA) protected class, the recent amendments to the ADA increase the opportunities for employers to replace one member of the ADA’s protected class with another. Although disparities in the social stigma associated with different disabilities suggests that such employment decisions are not automatically free from disability-based animus, many courts historically regarded such decisions as immune from ADA scrutiny. They held that the ADA only prohibited discrimination between persons inside and outside the ADA’s protected class. Today, this “no intraclass claims” approach persists in a modified form: Some courts limit intraclass claims to …
Cybercrime: Criminal Threats From Cyberspace, Susan W. Brenner
Cybercrime: Criminal Threats From Cyberspace, Susan W. Brenner
School of Law Faculty Publications
Cybercrime: Criminal Threats from Cyberspace is intended to explain two things: what cybercrime is and why the average citizen should care about it. To accomplish that task, the book offers an overview of cybercrime and an in-depth discussion of the legal and policy issues surrounding it.
Enhancing her narrative with real-life stories, author Susan W. Brenner traces the rise of cybercrime from mainframe computer hacking in the 1950s to the organized, professional, and often transnational cybercrime that has become the norm in the 21st century. She explains the many different types of computer-facilitated crime, including identity theft, stalking, extortion, and …
An Insurrection Act For The 21st Century, Thaddeus A. Hoffmeister
An Insurrection Act For The 21st Century, Thaddeus A. Hoffmeister
School of Law Faculty Publications
As the Hurricane Katrina relief effort illustrates, both Governor Blanco and President Bush, like previous elected officials before them, struggled to properly and promptly deploy federal troops during a domestic emergency. This shortcoming was due to problems associated with: (1) interpreting the Insurrection Act; (2) federalism; and (3) public opinion. This article, divided into four parts, attempts to resolve those problems, or at least decrease the likelihood of their recurrence, by offering suggestive changes to the Insurrection Act. Part II provides a general overview of the Insurrection Act. It begins with a brief discussion of two early episodes of civil …
Crossroads And Signposts: The Ada Amendments Act Of 2008, Jeannette Cox
Crossroads And Signposts: The Ada Amendments Act Of 2008, Jeannette Cox
School of Law Faculty Publications
Although the apparent purpose of the 2008 amendments to the Americans with Disabilities Act (ADA) is solely to broaden the ADA 's protected class, the manner in which the amendments achieve this purpose erodes the statute's explicit textual support for understanding persons with disabilities as a politically subordinated minority. The amendments also strengthen the statutory link between the biological severity of a person's disability and that person's right to sue for ADA accommodations. Accordingly, for some courts, the amendments will reinforce the perception that the ADA differs from traditional civil rights law.
Federal courts' understanding of the ADA 's relationship …
Shifting The Burden: Proving Infringement And Damages In Patent Cases Involving Inconsistent Manufacturing Techniques, Julie Zink
School of Law Faculty Publications
No abstract provided.
“Corrective Surgery” And The Americans With Disabilities Act, Jeannette Cox
“Corrective Surgery” And The Americans With Disabilities Act, Jeannette Cox
School of Law Faculty Publications
This Article challenges the assumption that the Americans with Disabilities Act (ADA) requires persons with disabilities to undergo corrective surgery as a precondition to membership in the ADA's protected class. This issue is ripe for discussion because current efforts to amend the ADA, although not focused on the corrective surgery issue, will unsettle the current doctrine underpinning many courts' conclusions that an individual's decision to forgo available medical technology bars her from relief under the ADA. The article aims to make two contributions. First, it argues that the ADA's focus on reshaping cultural responses to disability suggests that individuals need …
Cyberthreats: The Emerging Fault Lines Of The Nation State, Susan W. Brenner
Cyberthreats: The Emerging Fault Lines Of The Nation State, Susan W. Brenner
School of Law Faculty Publications
As new technologies develop, terrorist groups are developing new methods of attack by using the Internet, and by using cyberspace as a battlefield, it has become increasingly difficult to discover the identity of attackers and bring them to justice. The seemingly limitless boundaries of cyberspace have allowed virtually anyone to launch an attack from a remote and anonymous location. But once these attacks occur, it raises several important questions. Who should respond, and how? How should nation-states effectively deal with a cyber-attack? Will the United States and other nation-states be able to survive in a world where virtual boundaries are …