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Articles 1 - 25 of 25
Full-Text Articles in Law
Fantasy Crime, Susan Brenner
Fantasy Crime, Susan Brenner
Susan Brenner
The article "Fantasy Crime" analyzes activity in virtual worlds that would constitute a crime if it were committed in the real world. The article reviews the evolution of virtual worlds like Second Life and notes research which indicates that more and more of our lives will move into this realm. It analyzes the criminalization of virtual conduct that inflicts "harm" in the real world and virtual conduct that only inflicts "harm" in the virtual world. It explains that the first category qualifies as cybercrime and can be prosecuted under existing law. It then analyzes the necessity and propriety of criminalizing …
Fantasy Crime: The Role Of Criminal Law In Virtual Worlds, Susan W. Brenner
Fantasy Crime: The Role Of Criminal Law In Virtual Worlds, Susan W. Brenner
School of Law Faculty Publications
This article analyzes activity in virtual worlds that would constitute crime if they were committed in the real world. It reviews the evolution of virtual worlds like Second Life and notes research which indicates that more and more of our lives will move into this realm. The article then analyzes the criminalization of virtual conduct that inflicts “harm” in the real world and virtual conduct that only inflicts “harm” in the virtual world. It explains that the first category qualifies as cybercrime and can be prosecuted under existing law. Finally, it analyzes the necessity and propriety of criminalizing the second …
Painting A Moving Train: Adding ‘Postmodern’ To The Taxonomy Of The Law, Adam Todd
Painting A Moving Train: Adding ‘Postmodern’ To The Taxonomy Of The Law, Adam Todd
School of Law Faculty Publications
This article proposes that certain laws or forms of law can be characterized as postmodern because they, like their counterparts in literature or architecture, share similar attributes. Consistent with postmodernism's rejection of modernism, these laws appear to defy the modernist attributes of unitary core principles or singular meaning and stasis. Instead, these postmodern laws are: fragmentary, decentralized, uncertain and allow a multiplicity of interpretations; they reject master-narratives and embrace paradox; they are grounded or rooted in daily life; and are also connected to the internet, cyber-space and high technology.
The identification and characterization of certain laws as postmodern have the …
Front Matter, Volume 34, Number 1, University Of Dayton
Front Matter, Volume 34, Number 1, University Of Dayton
University of Dayton Law Review
Cover, table of contents, administrative information
Symposium Introduction: "Justice For Strangers? Legal Assistance And The Foreign Born", Sheila F. Miller
Symposium Introduction: "Justice For Strangers? Legal Assistance And The Foreign Born", Sheila F. Miller
University of Dayton Law Review
Essays from the Honorable James J. Gilvary Symposium on Law, Religion & Social Justice: "Justice for Strangers? Legal Assistance and the Foreign Born"
Guest Workers And Justice In A Second-Best World, Howard F. Chang
Guest Workers And Justice In A Second-Best World, Howard F. Chang
University of Dayton Law Review
Essays from the Honorable James J. Gilvary Symposium on Law, Religion & Social Justice: "Justice for Strangers? Legal Assistance and the Foreign Born"
Here Are Your Right Hands: Exploring Interpreter Qualifications, Bruno G. Romero
Here Are Your Right Hands: Exploring Interpreter Qualifications, Bruno G. Romero
University of Dayton Law Review
Essays from the Honorable James J. Gilvary Symposium on Law, Religion & Social Justice: "Justice for Strangers? Legal Assistance and the Foreign Born"
Ten Things A Criminal Attorney Should Know When Representing The Non-Citizen In Criminal Proceedings, Karen Denise Bradley
Ten Things A Criminal Attorney Should Know When Representing The Non-Citizen In Criminal Proceedings, Karen Denise Bradley
University of Dayton Law Review
Essays from the Honorable James J. Gilvary Symposium on Law, Religion & Social Justice: "Justice for Strangers? Legal Assistance and the Foreign Born"
Law Firms In The U.S.: To Go Public Or Not To Go Public?, Chandler N. Hodge
Law Firms In The U.S.: To Go Public Or Not To Go Public?, Chandler N. Hodge
University of Dayton Law Review
No abstract provided.
The Servicemembers Civil "____" Act: Giving The Act The "Relief" It Deserves, Lanourra L. Phillips
The Servicemembers Civil "____" Act: Giving The Act The "Relief" It Deserves, Lanourra L. Phillips
University of Dayton Law Review
No abstract provided.
Toward A More Perfect Union: The Unitimely Decline Of Federalism And The Rise Of The Homogeneous Political Culture, Jason A. Crook
Toward A More Perfect Union: The Unitimely Decline Of Federalism And The Rise Of The Homogeneous Political Culture, Jason A. Crook
University of Dayton Law Review
The principle of federalism and the national government's evolving relationship with the states has created many challenging moments over the course of American history. As the 21st century begins to unfold, however, the decline of this political balance has the potential to generate even greater challenges with far-reaching implications. From the closing battle of the Revolutionary War to the Gun-Free School Zones Act, this article charts the evolution of this intricate national relationship with a view toward better understanding of the rise of the homogenous political culture and the ways such a phenomenon might be reversed.
The Grand Jury Legal Advisor: Resurrecting The Grand Jury’S Shield, Thaddeus A. Hoffmeister
The Grand Jury Legal Advisor: Resurrecting The Grand Jury’S Shield, Thaddeus A. Hoffmeister
School of Law Faculty Publications
This Article advocates for the creation of a Grand Jury Legal Advisor (GJLA) to resurrect the historical autonomy of grand juries. The Article draws upon Hawaii's experiences with the GJLA, and incorporates survey responses from a representative sample of former GJLAs.
The Article begins with a general and historical overview of the grand jury process. This portion of the Article demonstrates how all three branches of government have contributed to the diminishment of the powers of grand jurors. Part IV of this Article discusses the important policy rationales underlying the need for grand jury autonomy; Part V recommends the implementation …
Front Matter, Volume 33, Number 2, University Of Dayton
Front Matter, Volume 33, Number 2, University Of Dayton
University of Dayton Law Review
Cover, table of contents, administrative information. Issue contains essays from the Project for Law and Business Ethics Symposium: “Unearthing Corporate Wrongdoing: Detecting and Dealing with Ethical Breaches in the Business World”
The Value Of Values In Small Business: Compliance And Ethics Programs For The Rest Of Us, Paul Fiorelli, Ann Marie Tracey
The Value Of Values In Small Business: Compliance And Ethics Programs For The Rest Of Us, Paul Fiorelli, Ann Marie Tracey
University of Dayton Law Review
Essay from the Project for Law and Business Ethics Symposium: “Unearthing Corporate Wrongdoing: Detecting and Dealing with Ethical Breaches in the Business World”
Hp Ethics From The Top Down … And The Bottom Up, Jon S. Hoak
Hp Ethics From The Top Down … And The Bottom Up, Jon S. Hoak
University of Dayton Law Review
Essay from the Project for Law and Business Ethics Symposium: “Unearthing Corporate Wrongdoing: Detecting and Dealing with Ethical Breaches in the Business World”
Is Business Judgment A Catch-22 For Adea Plaintiffs? The Impact Of Smith V. City Of Jackson On Future Adea Employment Litigation, Ann Marie Tracey, Norma Skoog
Is Business Judgment A Catch-22 For Adea Plaintiffs? The Impact Of Smith V. City Of Jackson On Future Adea Employment Litigation, Ann Marie Tracey, Norma Skoog
University of Dayton Law Review
No abstract provided.
Immunity And Mental Health Professionals, Mary Katherine Huffman
Immunity And Mental Health Professionals, Mary Katherine Huffman
University of Dayton Law Review
No abstract provided.
Are Adjuncts A Benefit Or A Detriment?, David Lander
Are Adjuncts A Benefit Or A Detriment?, David Lander
University of Dayton Law Review
No abstract provided.
Has The Supreme Court Forgotten The Patentee? Recent Patent Licensing Decisions Contradict Patent Policy, Harm Licensors, And Alter Negotiation, David M. Treadway
Has The Supreme Court Forgotten The Patentee? Recent Patent Licensing Decisions Contradict Patent Policy, Harm Licensors, And Alter Negotiation, David M. Treadway
University of Dayton Law Review
No abstract provided.
Unearthing Corporate Wrongdoing: Detecting And Dealing With Ethical Breaches In The Business World, Eric C. Chaffee
Unearthing Corporate Wrongdoing: Detecting And Dealing With Ethical Breaches In The Business World, Eric C. Chaffee
University of Dayton Law Review
Essay from the Project for Law and Business Ethics Symposium: “Unearthing Corporate Wrongdoing: Detecting and Dealing with Ethical Breaches in the Business World”
The Pendulum Swings Back: Revisiting Corporate Criminality And The Rise Of Deferred Prosecution Agreements, Robert J. Ridge, Mackenzie A. Baird
The Pendulum Swings Back: Revisiting Corporate Criminality And The Rise Of Deferred Prosecution Agreements, Robert J. Ridge, Mackenzie A. Baird
University of Dayton Law Review
Essay from the Project for Law and Business Ethics Symposium: “Unearthing Corporate Wrongdoing: Detecting and Dealing with Ethical Breaches in the Business World”
Courting Success: The Supreme Court Fellows Program At 35, Terence Lau, Jon Gould, Lauren Bell, John Domurad
Courting Success: The Supreme Court Fellows Program At 35, Terence Lau, Jon Gould, Lauren Bell, John Domurad
Terence Lau
In 1979, PS published an article called "Inside the Courts: The Judicial Fellows Program." The article detailed the genesis and early history of the program, its initial funding, the selection process, the fellows' experiences, and their post-fellowship careers. At the time the article was published, the fellows program had existed for six years and counted 14 participants. Twenty-nine years later, the ranks of fellows has swelled to 104, an increase of 87%. Other than a name change in 2003 to the "Supreme Court Fellows Program," what has changed to the program in the three decades since that article was published? …
Built In Obsolescence: The Coming End To The Abortion Debate, Vernellia R. Randall, Tshaka C. Randall
Built In Obsolescence: The Coming End To The Abortion Debate, Vernellia R. Randall, Tshaka C. Randall
Vernellia R. Randall
The current legal and political dispute is grounded in the misconception that the decision to have an abortion is one decision, a decision to terminate a fetus. In fact, in choosing an abortion, a woman is actually making two distinct choices: first, she is choosing to terminate her pregnancy, that is, remove the fetus from her body; and, second, she is choosing to terminate the fetus. Currently, a woman’s decision to remove the fetus from her body (the “autonomy decision”) is necessarily a medical decision to terminate the fetus (the “reproductive decision”). The current argument in favor of legalized abortion …
Removed Cases And Uninvoked Jurisdictional Grounds, Jeannette Cox
Removed Cases And Uninvoked Jurisdictional Grounds, Jeannette Cox
School of Law Faculty Publications
Traditionally understood, a congressional grant of federal subject matter jurisdiction alone does not confer authority on a federal court to hear a case; a party to the case must also affirmatively invoke the applicable jurisdictional ground. In a sharp break from this traditional understanding, federal courts have recently begun to exercise jurisdiction over cases based on jurisdictional grounds no party has invoked. Courts adopting this practice have concluded that a district court must retain removed cases that meet the requirements of a congressionally-authorized ground of subject matter jurisdiction even when an arguably antecedent requirement - party invocation of that jurisdictional …
Democracy And Tort Law In America: The Counter Revolution, Christopher J. Roederer
Democracy And Tort Law In America: The Counter Revolution, Christopher J. Roederer
School of Law Faculty Publications
Although the seeds of democracy and democratic tort reform were sown well before America’s founding, neither began to blossom until after the Second World War. Democratic progress from the 1950s to the 1970s led to, and was in part consolidated by, progressive developments in tort law during the same period. Unfortunately, the last quarter century has been a period of democratic decay in America and just as the revolution in tort law was bound up with democratic progress, the counter-revolution in tort law has tracked and reinforced the waning of American democracy since the 1980s. Although a few authors have …