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Articles 1 - 21 of 21
Full-Text Articles in Law
Successor Liability In Illinois, George Kuney
Successor Liability In Illinois, George Kuney
College of Law Faculty Scholarship
No abstract provided.
Successor Liability In Michigan, George Kuney
Successor Liability In Michigan, George Kuney
College of Law Faculty Scholarship
No abstract provided.
Gimme Fiction: Rev. Rul. 99-6, Don Leatherman
Gimme Fiction: Rev. Rul. 99-6, Don Leatherman
College of Law Faculty Scholarship
No abstract provided.
Orphans Adopted Eighty-Nine Years After Conception, Or, Cataloging Updating Loose-Leaf Publications, Carol Collins
Orphans Adopted Eighty-Nine Years After Conception, Or, Cataloging Updating Loose-Leaf Publications, Carol Collins
College of Law Faculty Scholarship
Until the 2002 revision to AACR2 was adopted, cataloging rules for updating loose-leaf publications were orphans—they were excluded from previous Anglo–American rule compilations. To offer guidance to catalogers, over the years the Library of Congress issued a series of rule interpretations and supplemental resources outlining best practices and rules for cataloging loose-leafs. This article chronicles the publication, or lack of practical publication, of cataloging rules for updating loose-leafs and the impact on libraries. Also included is a review of the various organizations instrumental in garnering support for the creation and acceptance of a new paradigm and standards and concepts that …
The Year Of The Gun: Second Amendment Rights And The Supreme Court, Glenn Reynolds, Brannon Denning
The Year Of The Gun: Second Amendment Rights And The Supreme Court, Glenn Reynolds, Brannon Denning
College of Law Faculty Scholarship
This Essay looks at issues that the Supreme Court can duck - and those that it can't - in deciding the District of Columbia Second Amendment case, D.C. v. Heller. It also looks at political and institutional pressures placed on the Supreme Court by the Heller case.
Oral Argument And Impression Management: Harnessing The Power Of Nonverbal Persuasion For A Judicial Audience, Michael Higdon
Oral Argument And Impression Management: Harnessing The Power Of Nonverbal Persuasion For A Judicial Audience, Michael Higdon
College of Law Faculty Scholarship
In essence, my article utilizes social science research on the topic of nonverbal communication in order to advance our understanding of what makes for effective oral advocacy. Currently, there are no articles that 1) give a comprehensive summary of the relevant social science research within the area of nonverbal persuasion and 2) apply that research specifically to the area of oral argument. My article attempts to fill both of these needs.As you will see in the article, nonverbal communication goes well beyond simple hand gestures, but also encompasses how a person speaks, how a person dresses, a person's facial expressivity, …
A Lexical Examination And (Unscientific) Survey Of Expanded Clinical Experiences In The U.S. Law Schools, Becky Jacobs
A Lexical Examination And (Unscientific) Survey Of Expanded Clinical Experiences In The U.S. Law Schools, Becky Jacobs
College of Law Faculty Scholarship
Definitional challenges pertaining to law school clinical programs arise in several contexts. This Essay focuses on three particular lexical obstacles: How does one (and who should) define a clinical experience, how does one (and who should) organize and label clinical offerings, and how does one (and who should) define clinician?
Teaching And Learning Negotiation In A Simulated Environment, Becky Jacobs
Teaching And Learning Negotiation In A Simulated Environment, Becky Jacobs
College of Law Faculty Scholarship
The essay, written by a raving ADR fanatic, discusses several points pertaining to participatory learning in law school negotiation courses.
A Lexical Examination And (Unscientific) Survey Of Expanded Clinical Experiences In U.S. Law Schools, Becky Jacobs
A Lexical Examination And (Unscientific) Survey Of Expanded Clinical Experiences In U.S. Law Schools, Becky Jacobs
College of Law Faculty Scholarship
Definitional challenges pertaining to law school clinical programs arise in several contexts. This Essay focuses on three particular lexical obstacles: How does one (and who should) define a clinical experience, how does one (and who should) organize and label clinical offerings, and how does one (and who should) define clinician?
Educating Workers About Labor Rights And Global Wrongs Through Documentary Film, Frances Ansley
Educating Workers About Labor Rights And Global Wrongs Through Documentary Film, Frances Ansley
College of Law Faculty Scholarship
No abstract provided.
Second Panel: Labor Markets, Income Inequality And Globalization, Frances Ansley
Second Panel: Labor Markets, Income Inequality And Globalization, Frances Ansley
College of Law Faculty Scholarship
No abstract provided.
When Disability Isn't "Just Right": The Entrenchment Of The Medical Model Of Disability And The Goldilocks Dilemma, Brad Areheart
When Disability Isn't "Just Right": The Entrenchment Of The Medical Model Of Disability And The Goldilocks Dilemma, Brad Areheart
College of Law Faculty Scholarship
In this Article, I analyze how federal courts' interpretations of the Americans with Disabilities Act (ADA) have presented a Goldilocks dilemma for disabled individuals. In particular, I examine how a typical ADA plaintiff is found either not disabled enough to warrant the protections of the ADA or too disabled to be a qualified individual for the respective job. The result is that very few plaintiffs are disabled just right. Such a result is at odds with the original intent of the ADA.Concern over the ADA could hardly be more timely. In July of 2007, bipartisan legislation based on the National …
Great (And Reasonable) Expectations: Fourth Amendment Protection For Attorney-Client Communications, Teri Baxter
Great (And Reasonable) Expectations: Fourth Amendment Protection For Attorney-Client Communications, Teri Baxter
College of Law Faculty Scholarship
The attorney-client privilege is recognized in every state and in the federal judicial system. Yet despite its ubiquity, the scope of protection provided by the privilege varies widely among the various jurisdictions. Moreover, the privilege is generally considered to be a mere rule of evidence or state law and not a constitutional right. This Article argues that the Fourth Amendment to the United States Constitution applies to and protects attorney-client privileged communications. Since clients have a reasonable expectation of privacy in their communications with their attorneys and society is prepared to recognize that expectation as reasonable, such communications are protected …
Heller's Future In The Lower Courts, Glenn Reynolds, Brannon Denning
Heller's Future In The Lower Courts, Glenn Reynolds, Brannon Denning
College of Law Faculty Scholarship
The Supreme Court's recent decision in District of Columbia v. Heller not only established an individual right to gun ownership, but also overturned - by a 9-0 margin - lower-court caselaw based on a "collective right" interpretation of the Second Amendment. This article looks at how Heller is likely to fare in the lower courts, based on experience with other recent Supreme Court decisions, and incorporates new scholarship on decision rules and the so-called "new doctrinalism."
When Informal Adoption Meets Intestate Succession: The Cultural Myopia Of The Equitable Adoption Doctrine, Michael Higdon
When Informal Adoption Meets Intestate Succession: The Cultural Myopia Of The Equitable Adoption Doctrine, Michael Higdon
College of Law Faculty Scholarship
In certain circumstances, the equitable adoption doctrine allows a person to inherit as the child of a testator even when the testator was neither that person's biological or adoptive parent. Although this doctrine, at first blush, might appear to be a move toward a more inclusive system of intestate succession, as many scholars have noted, the restrictive tests that the various courts have designed to determine who qualifies as an equitably adopted child have only served to greatly undermine the utility of the doctrine and, in numerous cases, have led to the denial of rather compelling claims.While agreeing with those …
Teaching And Learning Negotiation In A Simulated Environment, Becky Jacobs
Teaching And Learning Negotiation In A Simulated Environment, Becky Jacobs
College of Law Faculty Scholarship
The essay, written by a raving ADR fanatic, discusses several points pertaining to participatory learning in law school negotiation courses.
The Abolitionist's Dilemma: Establishing The Standards Of Decency For The Evolving Standards Of Decency, Dwight Aarons
The Abolitionist's Dilemma: Establishing The Standards Of Decency For The Evolving Standards Of Decency, Dwight Aarons
College of Law Faculty Scholarship
The evolving standard of decency test is at the heart of the constitutional regulation of the death penalty. From 1976 through 1989 the U.S. Supreme Court generally relied on six-factors to define the substantive limits of death eligibility. But in Atkins v. Virginia (2002) and Roper v. Simmons (2005) the Court seemed to change course. The precedential value of Atkins and Roper will depend on the Roberts Court's adherence to precedent. Nonetheless, the Court has some work to do to ensure that the evolving standard of decency test has meaningful content and enduring use.Baze v. Rees, the pending challenge to …
Five Takes On District Of Columbia V. Heller, Glenn Reynolds, Brannon Denning
Five Takes On District Of Columbia V. Heller, Glenn Reynolds, Brannon Denning
College of Law Faculty Scholarship
Part of an Ohio State Law Journal symposium on the Supreme Court's decision finding an individual right to arms in District of Columbia v. Heller, this article offers five takes on what the Heller decision might mean, and how it may play out in lower courts. First, we argue that Heller essentially followed the prevailing national consensus on the meaning of the Second Amendment. Second, we argue that this fact furnishes an important data point for those who argue that the Court usually follows, rather than leads, public opinion on disputed matters; and that, when it invalidates laws, it does …
Queer Teens And Legislative Bullies: The Cruel And Invidious Discrimination Behind Heterosexist Statutory Rape Laws, Michael Higdon
Queer Teens And Legislative Bullies: The Cruel And Invidious Discrimination Behind Heterosexist Statutory Rape Laws, Michael Higdon
College of Law Faculty Scholarship
Most states make an exception to their statutory rape laws for sexual acts involving an adolescent victim, who is below the age of consent, when the defendant is close in age to the victim (i.e., generally no older than three or four years). However, a few states explicitly limit such exceptions (commonly referred to as Romeo and Juliet exceptions) to only those situations involving teens who are of the opposite gender. Thus, adolescents in these states who have sex with someone below the age of consent, and who are also the same gender as the defendant, cannot avail themselves to …
Doing Policy From Below: Worker Solidarity And The Prospects For Immigration Reform, Frances Ansley
Doing Policy From Below: Worker Solidarity And The Prospects For Immigration Reform, Frances Ansley
College of Law Faculty Scholarship
No abstract provided.
Pareto Negativity: The Enemy Of My Enemy Is Not Necessarily My Friend - Latin Leadership, Coalition Building, And Predatory Globalization, Becky Jacobs
College of Law Faculty Scholarship
This piece reflects upon the significant role of Latin civil society organizations (“CSOs”) not only in that region’s political, social and economic development, but also in the historical trajectory of the U.S. It also questions why there are so few Latino and Latina leaders in transnational CSOs and in the so-called “global civil society” movement (“GCS”), particularly in the movement to resist the predatory effects of globalization. Consider, for example, the citizen-led groups in Latin America such as the cocaleros and campesinos who fought the Bolivian Water and Gas Wars and then elected cocalero Juan Evo Morales Ayma as that …