Law Commons^™

Tlc In The Funny Papers, Dana K. Cole

Akron Law Faculty Publications

The author describes Tom Batiuk's visit to his trial advocacy class during a painting exercise. Mr. Batiuk's Funky Winkerbean series depicting the class is reprinted.

Psychodrama At Harvard, Dana K. Cole

Akron Law Faculty Publications

The author describes his experience teaching trial advocacy at Harvard Law School.

Expressly Repudiating Implied Repeals Analysis: A New Framework For Resolving Conflicts Between Congressional Statutes And Federal Rules, Bernadette Bollas Genetin

Akron Law Faculty Publications

Part I of this Article provides a framework for understanding the core issues of interbranch power implicated in statute-Rule conflicts by discussing the constitutional foundations of procedural rulemaking authority, Congress’ statutory delegation of rulemaking authority to the Supreme Court in the Rules Enabling Act, and the experience of Court and congressional involvement in procedural rulemaking. Part II examines the predominant method of analyzing apparent statute-Rule conflicts – use of canon of statutory interpretation disfavoring implied repeals. Part II demonstrates that the Supreme Court has used this implied repeals analysis, but has never discussed directly or comprehensively the appropriate methodology for …

Human Rights And Civil Litigation In United States Courts: The Holocaust- Era Cases, Samuel P. Baumgartner

Akron Law Faculty Publications

This is a comment on an article by Professor Burt Neuborne, in which he describes in detail the Holocaust assets litigation against Swiss, German, Austrian, and French corporations. In the comment, I attempt to put that litigation episode into the larger context of human rights enforcement through civil litigation in United States courts as seen from a theoretical concept drawn from international relations theory. I then try to gain some insights into such civil human-rights litigation from the Holocaust cases.

I conclude that the Holocaust-era litigation has done considerable good by creating a vast pool of assets for distribution among …

Law Schools As Legal Education Centers, Martin H. Belsky

Akron Law Faculty Publications

Legal education in the early twentieth century was divided into three concurrent paths-study at one of the "elite" law schools, consisting of mostly full-time students already possessing a college degree; study at one of the other mostly part-time practice based schools; and a course of study with a practitioner/mentor outside of formal educational institutions. ... Graduation was a serious event, as students were already thinking about passing the bar exam. ... Some of the reasons that law schools can deliver legal education to elementary and secondary students, obviously apply to junior college, college, and non-law school graduate and professional education …

Random Vs. Suspicion-Based Drug Testing In The Public Schools -- A Surprising Civil Liberties Dilemma, Martin H. Belsky

Akron Law Faculty Publications

The Tecumseh School District had a policy that all students who wished to participate in extracurricular activities that involved some sort of competition had to agree to drug testing before the competition and then randomly thereafter. ... Those selected for accusatory drug testing might be perceived to be wearing a "badge of shame" and be subject to the arbitrary whim of an administrator. ... Vernonia involved a rule requiring drug testing as a condition for participation in extracurricular competitive sports. ... In Earls, the Tecumseh School District adopted a "Student Activities Drug Testing Policy" that required all students who wished …

Dutch, Dana K. Cole

Akron Law Faculty Publications

The author gives a eulogy to a friend who informally served as his jury trial consultant.

Expanding Felony-Murder In Ohio: Felony-Murder Or Murder-Felony?, Dana K. Cole

Akron Law Faculty Publications

Ohio's aggravated felony-murder rule and felony-murder death penalty specification provisions apply where a death occurs “while committing or attempting to commit” certain enumerated felonies. In a line of cases beginning in 1996, the Ohio Supreme Court broadly interpreted this statutory language to include situations where the intent to commit the underlying felony was formed subsequent to the death, as a complete afterthought. With these cases, the Ohio Supreme Court departed from the majority view that the intent to commit the underlying felony must precede or co-exist with the death. The author argues that this new statutory interpretation represents an unwarranted …

Compelling Lessons In The First Amendment: Michael Kent Curtis, Free Speech, "The People's Darling Privilege": Struggles For Freedom Of Expression In American History, Wilson R. Huhn

Akron Law Faculty Publications

Book review.

Use And Limits Of Syllogistic Reasoning In Briefing Cases, Wilson R. Huhn

Akron Law Faculty Publications

During the nineteenth century, law was equated with science, and legal reasoning was thought to be a species of deductive logic. Consistent with this notion, judicial opinions have traditionally been summarized in the form of syllogisms, that is, as arguments of deductive logic. More specifically, judicial opinions have been described as chains of syllogisms, reasoning from base premises to ultimate conclusions. The principal thrust of this article is to demonstrate that in hard cases, judicial reasoning proceeds not by way of deduction, but by evaluation and balancing.

Accordingly, Part II of this article compares law with science. Historically, law was …

Impact Of The 2001 Tax Act Of Retirement Savings For Owners And Employees Of Small Businesses, Richard Kovach

Akron Law Faculty Publications

No abstract provided.

The Janus-Like Nature Of Treasury Regulations: Recent Promulgations Illustrate How Regulators Can Simplify As Well As Complicate Administration Of The Internal Revenue Code, Richard Kovach

Akron Law Faculty Publications

No abstract provided.

Teaching The Amistad, Brant T. Lee

Akron Law Faculty Publications

In 1841, a Cuban slave ship called the Amistad was captured and taken into custody near Long Island. The forty-five Black people on board were alleged to be slaves, who had mutinied, murdered the captain, killed or expelled the crew and taken over the ship. Two Cubans found on the ship claimed to be their owners. There were salvage claims by the officers who captured the ship and its passengers and miscellaneous other claims by parties claiming a property interest in the ship or its cargo. The United States government intervened on behalf of the Queen of Spain in support …

The Rights Of Creditors Of Beneficiaries Under The Uniform Trust Code: An Examination Of The Compromise, Alan Newman

Akron Law Faculty Publications

The Rights of Creditors of Beneficiaries under the Uniform Trust Code: An Examination of the Compromise

The new Uniform Trust Code (the “UTC”), which recently has been introduced in the District of Columbia and six states but has not yet been enacted in any jurisdiction, is described in its prefatory note as “the first comprehensive national codification of the law of trusts.” According to its Reporter:

Crafting the provisions of Article 5 on spendthrift protection and the rights of a beneficiary’s creditors to reach the trust proved to be the most difficult task in drafting the Act. The area is …

Understanding Prophylactic Remedies Through The Looking Glass Of Bush V. Gore, Tracy A. Thomas

Akron Law Faculty Publications

This is not just another article about Bush v. Gore. Rather, this article does something that no article has done: it analyzes the impact of the textual decision in Bush v. Gore on the law of remedies. Through an examination of Bush v. Gore, this article seeks to advance a new understanding of prophylactic remedies and their proper use by the courts. This examination provides not only a clearer understanding of the Bush decision, but more importantly, develops a better understanding of prophylactic remedies and how they can legitimately be used to provide meaning and redress for legal rights. This …