Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- First Amendment (3)
- Legal Ethics and Professional Responsibility (3)
- Legislation (3)
- Bioethics and Medical Ethics (2)
- Constitutional Law (2)
-
- Legal Education (2)
- Medicine and Health Sciences (2)
- Tax Law (2)
- Arts and Humanities (1)
- Civil Procedure (1)
- Environmental Law (1)
- Ethics in Religion (1)
- Evidence (1)
- Food and Drug Law (1)
- Health Law and Policy (1)
- Indigenous, Indian, and Aboriginal Law (1)
- Jurisprudence (1)
- Labor and Employment Law (1)
- Law and Gender (1)
- Law and Society (1)
- Legal Profession (1)
- Legal Remedies (1)
- Medical Jurisprudence (1)
- Religion (1)
- State and Local Government Law (1)
- Torts (1)
- Keyword
-
- Ethics (2)
- Legal profession (2)
- Litigation (2)
- AIDS (1)
- Abortion (1)
-
- Abortion clinic protestors (1)
- Assimilation (1)
- Attorney advertising (1)
- Attorney conduct (1)
- Balancing test (1)
- Biological alteration (1)
- Bright line-balancing test (1)
- Civil justice reform (1)
- Civil liberties (1)
- Civil litigation reform (1)
- Civil procedure (1)
- Civil procedure (1)
- Commercial speech (1)
- Constitutional law (1)
- Counter-demonstrations (1)
- Demonstrators (1)
- Depreciation (1)
- Drug development (1)
- Drug pricing (1)
- Due process (1)
- Economic development (1)
- Efficiency (1)
- Federal Rules of Civil Procedure (1)
- First Amendment (1)
- First amendment (1)
Articles 1 - 20 of 20
Full-Text Articles in Law
Simon Says: A Liddle Night Music With Those Depreciation Deductions, Please, Deborah A. Geier, Joseph M. Dodge
Simon Says: A Liddle Night Music With Those Depreciation Deductions, Please, Deborah A. Geier, Joseph M. Dodge
Law Faculty Articles and Essays
This 1995 article, co-authored with Joseph M. Dodge, explores why the decision in Simon v. Commissioner, 103 T.C. 247 (1994), was wrong, effectively allowing premature deduction of a capital expenditure and, thus, consumption taxation (as opposed to income taxation).
A Feminist Understanding Of Sex-Selective Abortion: Solely A Matter Of Choice, April L. Cherry
A Feminist Understanding Of Sex-Selective Abortion: Solely A Matter Of Choice, April L. Cherry
Law Faculty Articles and Essays
This essay consists of five sections. The first section describes the problem of sex-selective abortion, including an analysis of sociological data regarding adult preference for male children and its current effects. Section Two discusses various philosophical paradigms and analyses of sex-selective abortion with the goal of developing a coherent philosophical base from which to argue for a policy regarding sex-selective abortion which furthers the goals of gender equality. Section Three addresses the constitutionality of sex-selective abortion prohibitions in light of the Supreme Court's pronouncement in Planned Parenthood of Southeastern Pennsylvania v. Casey. Section Four outlines the liberal feminist response to …
Bad News, Good News For The First Amendment, In Supreme Court Review Of The 1993-94 Term,, David F. Forte
Bad News, Good News For The First Amendment, In Supreme Court Review Of The 1993-94 Term,, David F. Forte
Law Faculty Articles and Essays
With the passage of the Freedom of Access to Clinic Entrances Act (F.A.C.E.), and the Supreme Court’s decision in NOW v. Scheidler, pro-life activists who engage in civil disobedience will suffer far greater legal disabilities than have been placed upon other protest movements in American history. But following Madsen, pro-life demonstrators can now take advantage of protections not previously articulated by the Court. So long as they do not engage in repetitive illegalities, pro-life demonstrators can count on strong First Amendment guarantees.
Private Dollars On The Reservation: Will Recent Native American Economic Development Amount To Cultural Assimilation?, Karin M. Mika, Bonnie Hurst
Private Dollars On The Reservation: Will Recent Native American Economic Development Amount To Cultural Assimilation?, Karin M. Mika, Bonnie Hurst
Law Faculty Articles and Essays
This article exams commercial enterprises and its gaining popularity among Native American tribes. The cooperative economic ventures that are not considered indigenous to Native American culture may yield the unintended yet inevitable result of assimilating Native Americans into mainstream American society. In an ironic twist, the resulting assimilation has, in many respects, fulfilled the misguided aspirations of the earliest European colonists.
"Common Sense Legal Reforms Act" Takes Center Stage, Susan J. Becker
"Common Sense Legal Reforms Act" Takes Center Stage, Susan J. Becker
Law Faculty Articles and Essays
This article discusses the extensive and highly controversial civil litigation reforms in Congress, which have been approved largely along party lines in the House of Representatives.
Pretrial Practice: Teaching Law Students How To Prepare Cases For Trial In A Simulation Course, Lloyd B. Snyder
Pretrial Practice: Teaching Law Students How To Prepare Cases For Trial In A Simulation Course, Lloyd B. Snyder
Law Faculty Articles and Essays
With a colleague, Jack Guttenberg, I team-teach a four-credit, one-semester simulation course at the Cleveland-Marshall College of Law called Pretrial Practice. We have taught Pretrial Practice seven times since we first offered it in the spring of 1988. The course takes students through the process of preparing two cases for trial, beginning with initial client interviews and culminating in one case with a settlement negotiation and, in the other, a final pretrial conference with a local judge.Pretrial Practice provides students with an opportunity, in one semester, to engage in all the activities necessary to develop and prepare a case for …
Of Rat Time And Terminators, David R. Barnhizer
Of Rat Time And Terminators, David R. Barnhizer
Law Faculty Articles and Essays
A version of rat time is being created within the legal profession as law schools pump 40,000 graduates a year into a saturated system. Understanding our present condition as a period of rat time can help us diagnose the problems of the legal profession, identify the future responsibilities of law schools and the profession, and create more effective solutions than the bandaids that have been proposed or applied thus far. This is particularly important because lawyers and law schools have lost their way. They are afraid to address their most troubling problems and to take the principled actions necessary for …
Counter-Demonstration As Protected Speech: Finding The Right To Confrontation In Existing First Amendment Law, Kevin F. O'Neill, R. Vasvari
Counter-Demonstration As Protected Speech: Finding The Right To Confrontation In Existing First Amendment Law, Kevin F. O'Neill, R. Vasvari
Law Faculty Articles and Essays
Accordingly, this Article is aimed at disentangling lines of precedent that are all too frequently entwined by urging an analysis of public protest cases that distinguishes among the four regulatory players. Thus, this Article devotes separate sections to the regulatory roles of legislators,16 administrators,17 judges,18 and police,19 with an introductory section on the doctrinal bedrock in this field: the public forum doctrine.20
Due Process Review Under The Railway Labor Act, Chris Sagers
Due Process Review Under The Railway Labor Act, Chris Sagers
Law Faculty Articles and Essays
The federal government regulates disputes between organized labor and management in a wide range of private industries. Most disputes are governed by the Labor-Management Relations Act (LMRA), which both protects the rights of management and organized labor and establishes a comprehensive scheme of dispute resolution. The Railway Labor Act (RLA), however, creates a regime unique to the railroad and airline industries. It requires that certain claims between the covered employers -- known in the RLA as “carriers” -- and their employees be settled by submission to the RLA statutory arbitration scheme. Under this scheme, parties must resolve disputes “in the …
Proverbial Practice: Legal Ethics From Old Testament Wisdom, Gordon J. Beggs
Proverbial Practice: Legal Ethics From Old Testament Wisdom, Gordon J. Beggs
Law Faculty Articles and Essays
The Old Testament book of Proverbs supplied foundational moral values for our nation's legal ethics. With the adoption and revision of formal codes, moral teaching has virtually disappeared from legal ethics. This essay suggests that the wisdom of Proverbs offers a timely challenge to the character of the legal profession by advocating values which include justice, purity, mercy, humility, honesty, candor, truthful testimony, and civility.
Rhetoric, Evidence, And Bar Agency Restrictions On Speech By Attorneys, Lloyd B. Snyder
Rhetoric, Evidence, And Bar Agency Restrictions On Speech By Attorneys, Lloyd B. Snyder
Law Faculty Articles and Essays
There are two problems with permitting litigation about attorney speech to proceed without requiring bar disciplinary agencies to present empirical data or other evidence to support claims that restrictions on attorney speech are necessary. First, the history of bar association restrictions on attorney speech should make us skeptical that the bar rules are based on lofty ideals about protection of the public. The restrictions began as rules promulgated by elite corporate lawyers whose effect was to limit the activities of their less affluent brethren who were representing criminal defendants and other impoverished clients. The purpose of the rules was to …
The Constitutional Dimension Of A National Products Liability Statute Of Repose, Stephen J. Werber
The Constitutional Dimension Of A National Products Liability Statute Of Repose, Stephen J. Werber
Law Faculty Articles and Essays
Constitutional issues arise in regard to many aspects of tort and products liability reform legislation. This article argues that statutes of repose are unconstitutional, with emphasis on open courts or right to remedy (open courts) and equal protection provisions. These issues reflect economic concerns at both federal and state legislative levels that seek to advance strongly perceived public policy. These concerns, in turn, affect substantial substantive rights. Freedom from personal injury, the right to life and safety, reflects more than the mere economic concerns of either the injured party or the product manufacturer. The ability to seek redress for such …
An Overview Of Ohio Product Liability Law, Stephen J. Werber
An Overview Of Ohio Product Liability Law, Stephen J. Werber
Law Faculty Articles and Essays
Enactment of the Ohio Product Liability Act (the “Act”), which took effect on January 5, 1988, created an exclusive statutory basis for all tort based product liability claims. The statute, while eliminating the term “strict liability in tort,” is primarily a codification of preexisting common law. The Act provides that product liability claims may be predicated on one of four theories: defects in manufacture or construction; defects in design or formulation; defect in warning or instruction, and failure to conform to representation. Each of these theories had previously been recognized by the courts. For example, the requirements for a cause …
Surveying The "Forms Of Doctrine" On The Bright Line Balancing Test Continuum, James G. Wilson
Surveying The "Forms Of Doctrine" On The Bright Line Balancing Test Continuum, James G. Wilson
Law Faculty Articles and Essays
This article's primary contribution to the rule/standard problem is to map the rule/standard continuum more precisely. This article will analyze several cases to reveal numerous forms of doctrine that are hybrids of the two archetypes, "rules" and "standards," including the aforementioned escape hatches, exceptions, and factor tests, and will also discuss costs and benefits of using each of these different forms, irrespective of substance. Judges must choose among a large number of valid forms, attempting to create the best "fit" between the chosen form, a judicial means, and higher-level ends, such as efficiency, social stability, consistency, or autonomy.The article will …
If Your Grandfather Could Pollute, So Can You: Environmental "Grandfather Clauses" And Their Role In Environmental Inequity, Heidi Gorovitz Robertson
If Your Grandfather Could Pollute, So Can You: Environmental "Grandfather Clauses" And Their Role In Environmental Inequity, Heidi Gorovitz Robertson
Law Faculty Articles and Essays
When this country was struggling over voting rights, it adopted what are now called "grandfather clauses" to exclude certain groups from the democratic process. Although various types of laws excluded people from voting, a man could vote if his grandfather had been allowed to vote. [FN3] Applied to modern environmental laws, a grandfather clause, in essence, says, "if your grandfather could pollute, so can you."In the environmental arena, these laws make it much easier for companies or municipalities to expand older, existing facilities than to create new ones. They also make it significantly more difficult for opponents to shut down …
Aba Delegates Amend Model Rule , Susan J. Becker
Aba Delegates Amend Model Rule , Susan J. Becker
Law Faculty Articles and Essays
The ABA House of Delegates has amended Model Rule 4.2 regarding whom attorneys may ethically contact directly during the course of litigation or other legal matters. This article discusses the ramifications of this change.
Perspectives: The Federal Rules' Quest For Efficiency, Susan J. Becker
Perspectives: The Federal Rules' Quest For Efficiency, Susan J. Becker
Law Faculty Articles and Essays
As lawyers celebrate (or mourn) the first anniversary of the new Federal Rules of Civil Procedure, it is worth noting that last year's amendments marked a major philosophical metamorphosis in our theory of civil justice. They reflect an attempt to move away from a system aptly suited to war analogies and toward increased cooperation between the parties and "hands-on" management by the judiciary. This, in turn, is supposed to encourage efficiency--the oft-cited yet elusive goal of civil justice reform.
Interpreting Tax Legislation: The Role Of Purpose, Deborah A. Geier
Interpreting Tax Legislation: The Role Of Purpose, Deborah A. Geier
Law Faculty Articles and Essays
This 1995 article uses tax cases to explore various methods of statutory interpretation.
The Biological Alteration Cases, Sheldon Gelman
The Biological Alteration Cases, Sheldon Gelman
Law Faculty Articles and Essays
State interventions such as drugging dangerous prisoners to “alter the chemical balance in the brain,” sterilizing women involuntarily, or, more modestly, compelling vaccination in order to modify someone's immune system, employ a remarkable and problematic technique. The government biologically alters an individual to suit official policy, tailoring the person's very physical constitution to conform with some public objective. Even when the objective is worthy, such as preventing disease, the technique remains troubling. For in the process of biological alteration, government transforms individuals into instruments of state policy. Focusing on the handful of Supreme Court decisions involving the technique, this Article …
Rare Diseases, Drug Development And Aids: The Impact Of The Orphan Drug Act, Michael Henry Davis, Peter S. Arno, Karen Bonuck
Rare Diseases, Drug Development And Aids: The Impact Of The Orphan Drug Act, Michael Henry Davis, Peter S. Arno, Karen Bonuck
Law Faculty Articles and Essays
In this article, we examine the Orphan Drug Act with an eye toward its contribution to the public interest, using AIDS drugs to illustrate many of the central points. The major policy question is, How, if at all, can the act be used to meet the legislative goal of stimulating drug development for small patient populations without resulting in prices that make drugs inaccessible?