Law Commons^™

The Continuing Importance Of Congressman John A. Bingham And The Fourteenth Amendment, Richard L. Aynes

The 39th Congress Project

No abstract provided.

The Continuing Importance Of Congressman John A. Bingham And The Fourteenth Amendment, Richard L. Aynes

Akron Law Faculty Publications

Lead article in a symposium issue.

In the now-famous 1830s chronicle of a visit to America, Alexis de Tocqueville wrote that in America every political issue is ultimately a legal issue in the courts. For Americans who lived through the antislavery and abolitionist era as well as the crisis of the war of 1861-1865, the military victory of the Union forces on the field of battle still left open large political issues. These issues were attempted to be resolved through the political process that produced a legal solution: a constitutional amendment that we currently identify as the Fourteenth Amendment. The …

Financial Abuse Of The Elderly: Is The Solution A Problem?, Carolyn L. Dessin

Akron Law Faculty Publications

As a population, we are aging rapidly. With this phenomenon has come an increasing interest in the problems of older Americans. Early studies of elder abuse in the 1970s began a dialogue that continues with increasing vitality. This dialogue has prompted states to attempt to prevent, remedy, and punish elder abuse in a variety of ways.

Although all of the early studies and most of the current studies focus on physical and psychological abuse of the elderly, there is a growing appreciation that financial abuse is a serious problem. Accordingly, many states have attempted to remedy financial abuse, often called …

Stages Of Legal Reasoning: Formalism, Analogy, And Realism, Wilson R. Huhn

Akron Law Faculty Publications

In the late 19th Century, legal reasoning was dominated by formalistic analysis. Judges and lawyers reasoned deductively from base principles. Legal historians have persuasively described how leading judges and scholars fomented a revolution in legal thought in the 20th Century. Starting about 1910, legal realism--or policy analysis-- entered legal reasoning to the point that today it would be unusual to find a judicial opinion or brief that fails to explore the policy implications of an interpretation of the law. This historical shift from formalism to realism suggests that there are stages of legal reasoning.

In this Article, I argue that …

Three Legal Frameworks For Regulating Genetic Technology, Wilson R. Huhn

Akron Law Faculty Publications

The Genetic Age promises another exponential increase in human knowledge and potential. ... This article describes three frameworks the law uses to regulate genetic technology: (1) Individual Rights and Duties; (2) Scientific Regulation by Administrative Agencies; and (3) Legislative Preemption. ... This framework involves the lowest level of government oversight over genetic technology. ... At present, the FDA and National Institutes of Health (NIH) administer regulatory control of genetic technology as applied to human beings, but the jurisdiction of these agencies is limited. ... Attorney Judith Cregan has recorded a number of "serious problems" with FDA and NIH regulation of …

A Seldom Considered Aspect Of Tax Fairness And Simplifications: The Need For A Coherent Policy Perspective On The Many And Varied Dollar Limitations Contained In The Internal Revenue Code, Richard Kovach

Akron Law Faculty Publications

No abstract provided.

The Cost Of Humanitarian Assistance: Ethical Rules And The First Amendment, John P. Sahl

Akron Law Faculty Publications

For many Americans, the choice between affording legal assistance--a luxury item--and covering basic living expenses appears to represent a choice in name only. Most states prohibit lawyers from providing clients with financial assistance to cover these living expenses. In a few states, lawyers may help clients with living expenses by advancing or guaranteeing financial assistance. Given accurate information about the availability of legal services, poor people may find themselves able to protect important legal rights.

In Part I, this Article reviews the origins of and reasons for the ban on lawyer advancement of living expenses to clients when litigation is …

Justice Scalia Reinvents Restitution, Tracy A. Thomas

Akron Law Faculty Publications

This essay criticizes the U.S. Supreme Court’s re-conceptualization of equitable restitution in the case of Great-West Life & Annuity Insurance Co. v. Knudson, 534 U.S. 204 (2002). In Great-West, a divided Court in an opinion by Justice Scalia held that “equitable relief” authorized by the Employee Retirement Income Security Act of 1974 (ERISA) does not include claims for specific performance or restitution seeking money for breach of contract. Instead, the Court held that with respect to restitution, the term “equitable relief” includes only those restitutionary remedies which were historically available in courts of equity.

This Article levels two criticisms at …

Justice Scalia Reinvents Restitution, Tracy Thomas

Con Law Center Articles and Publications

No abstract provided.