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Full-Text Articles in Law

"The Right To Bear Arms": Two Views, Lee Fisher, David C. Tryon Jul 1991

"The Right To Bear Arms": Two Views, Lee Fisher, David C. Tryon

Law Faculty Articles and Essays

The authors provide varying opinions on the Second Amendment.


The Use Of Ohio's Preference Law In Bankruptcy: An Alternative To Section 547 With A Longer "Reach-Back" Period, Thomas D. Buckley Jan 1991

The Use Of Ohio's Preference Law In Bankruptcy: An Alternative To Section 547 With A Longer "Reach-Back" Period, Thomas D. Buckley

Law Faculty Articles and Essays

Ohio is one of the few states with a preference law of general application among its debtor-creditor statutes. Ohio Revised Code sections 1313.56 and 1313.57 give creditors an avoidance power similar to a bankruptcy trustee's avoidance power under federal bankruptcy law. While this article compares the federal and state preference rules, evaluating the pratical significance of the differences between them, the relative strength of the two laws is less important than the fact that the bankruptcy trustee can choose whichever of the two laws is more effective with respect to any given prebankruptcy transaction. Thus, both laws ...


Report Of The Subcommittee On First Amendment And Land Use, Alan C. Weinstein, Edward H. Ziegler Jr. Jan 1991

Report Of The Subcommittee On First Amendment And Land Use, Alan C. Weinstein, Edward H. Ziegler Jr.

Law Faculty Articles and Essays

In recent years, there has been a marked expansion in the types of uses, both commercial and nonprofit, that challenge land-use regulations on First Amendment grounds. This expansion is occurring for two reasons. First, "land use and the first amendment" is a developing area in the law. As is typical of developing areas in the law, litigants are encouraged to bring cases because the law is unsettled and they hope to create significant new rights. Second, a number of societal factors have coalesced to create a greater potential for conflict when government regulates the use of land. In part, this ...


Countermanded Checks And Fair Dealing Under The Uniform Commercial Code, William Tabac Jan 1991

Countermanded Checks And Fair Dealing Under The Uniform Commercial Code, William Tabac

Law Faculty Articles and Essays

This article evaluates the potential effect of this tort on the bank andits customer where the improper payment is an indisputable binding stop payment order. Part I examines a bank's duty to properly pay checks.Part II describes the bank's reimbursement rights. Part III examines the breach of covenant of good faith tort. Part IV analyzes liability under the Code. Part V argues that banks must promptly recredit customers' accounts when banks improperly pay over binding stop payment orders. The article concludes that upon being notified that it has overlooked a binding stop payment order, a bank must ...


Toward Guidelines For Compelling Cesarean Surgery: Of Rights, Responsibility And Decisional Authenticity, Joel J. Finer Jan 1991

Toward Guidelines For Compelling Cesarean Surgery: Of Rights, Responsibility And Decisional Authenticity, Joel J. Finer

Law Faculty Articles and Essays

When, if ever, may a pregnant woman be compelled to undergo a cesarean section to save the life of a viable, verge-of-birth fetus? Courts and scholars have increasingly addressed the constitutional and ethical problems presented when a woman about to give birth requires a cesarean section to prevent the death of or severe harm to her fetus, and the woman refuses to have the surgery. Nationally, over a five year period, courts have heard twenty-one cases in which a court-ordered cesarean was being sought. Under what circumstances, if any, is it legally and ethically appropriate to compel a woman to ...


The Unbearable Lightness Of Title Under The Uniform Commercial Code, William Tabac Jan 1991

The Unbearable Lightness Of Title Under The Uniform Commercial Code, William Tabac

Law Faculty Articles and Essays

This Article will offer the heresy that the transactions in goods that the Code regulates are still firmly grounded on ownership principles and that these principles must be reckoned with to fulfill the Code's design. It is therefore important first to identify the various property interests in goods that one can obtain under the Code and determine how the Code ties these interests to title.


The Tax Court, Article Iii, And The Proposal Advanced By The Federal Courts Study Committee: A Study In Applied Constitutional Theory, Deborah A. Geier Jan 1991

The Tax Court, Article Iii, And The Proposal Advanced By The Federal Courts Study Committee: A Study In Applied Constitutional Theory, Deborah A. Geier

Law Faculty Articles and Essays

Spurred by the report issued by the Federal Courts Study Committee, this article explores the constitutionality of the Tax Court as an Article I court.


Public Opinion Polls And Surveys As Evidence: Suggestions For Resolving Confusing And Conflicting Standards Governing Weight And Admissibility , Susan J. Becker Jan 1991

Public Opinion Polls And Surveys As Evidence: Suggestions For Resolving Confusing And Conflicting Standards Governing Weight And Admissibility , Susan J. Becker

Law Faculty Articles and Essays

Section I provides a basic overview of public opinion polls, beginning with a brief explanation of the current popularity of this type of data, followed by a discussion of the courts' historic treatment of survey evidence and a review of modern standards which courts use in evaluating the weight and admissibility of polling data. The exact "rules" governing the conduct of litigants and their respective counsel in commissioning and executing a survey and those governing the courts' refereeing of evidentiary disputes over polling data remain unclear. These unresolved issues are discussed in Section II. Suggestions for moving toward a more ...


Insider Guaranties: Their Effect On The Bankruptcy Preference "Reach Back" Period And Possible Use In Getting An "Ordinary Course" Exception Avoidance, Thomas D. Buckley Jan 1991

Insider Guaranties: Their Effect On The Bankruptcy Preference "Reach Back" Period And Possible Use In Getting An "Ordinary Course" Exception Avoidance, Thomas D. Buckley

Law Faculty Articles and Essays

In 1990 the Sixth Circuit decided two bankrupcty preference cases, Ray v. City Bank & Trust Co. (In re C-L Cartage Co.) ("Cartage") and Gosch v. Burns (In re Finn) ("Finn"), that will have important consequences in the administration of bankruptcy proceedings and will also influence the way lenders and borrowers do business with each other in the future, whether or not a bankruptcy ever ensues. This article first describes briefly the mechanics of preference law and the application of it in Cartage and Finn. The article then focuses primarily on the Cartage decision, because the analytic approach taken by the ...