Law Commons^™

Behind Closed Doors: Shedding Light On Lawyer Self-Regulation—What Lawyers Do When Nobody’S Watching, John P. Sahl

Akron Law Faculty Publications

This article, explores the ethical, procedural, and institutional dimensions of lawyer self-regulation. It critically examines how legal professionals govern themselves in the absence of external oversight and analyzes the effectiveness, transparency, and accountability of current self-regulatory frameworks. Drawing on case studies, disciplinary records, and empirical research, the article interrogates whether self-regulation serves the public interest or primarily protects the legal profession. It further investigates the cultural and systemic incentives that influence lawyers' conduct and the willingness of regulatory bodies to enforce professional standards. The work ultimately calls for rethinking regulatory models to promote greater accountability, public trust, and integrity in …

Mcdonald V. Chicago, Self-Defense, The Right To Bear Arms, And The Future, Richard Aynes

Akron Law Faculty Publications

This article examines the opinion of the Court in McDonald v. Chicago and its implications for the future. The author participated as a party-amicus in the case and an article he authored in 1993 was cited by the Court.

Using a concept that others have applied in other situations, this paper suggests that Chicago was a “outlier” and that this case simply involved reigning in a maverick outlier. While the paper finds Justice Thomas’s concurring opinion (with the exception of dicta on the establishment clause) being the most faithful to the meaning, intention, and public understanding of the 14th Amendment, …

Book Review, Tracy Thomas

Con Law Center Articles and Publications

No abstract provided.

Constitutionality Of The Patient Protection And Affordable Care Act Under The Commerce Clause And The Necessary And Proper Clause, Wilson Huhn

Akron Law Faculty Publications

The Patient Protection and Affordable Care Act is a comprehensive federal statute that attempts to extend health insurance coverage to tens of millions of Americans and to expand health insurance coverage by eliminating exclusions for preexisting conditions, increase medical loss ratios, abolish annual and lifetime limits, and other reforms. A necessary provision of this law (the individual mandate) requires most individuals to maintain health insurance coverage. The individual mandate has been challenged in a number of lawsuits on the ground that Congress lacks the power under the Constitution to require individuals to purchase health insurance. The power of Congress to …

Constantly Approximating Popular Sovereignty: Seven Fundamental Principles Of Constitutional Law, Wilson Huhn

Akron Law Faculty Publications

The concept of “popular sovereignty” is not a simple, singular, unified concept; instead, as it has developed in the United States, popular sovereignty embraces the following seven fundamental principles:

1. The Rule of Law. The people are sovereign and their will is expressed through law.

2. Limited Government. The people are sovereign, not the government. By adopting the Constitution the people created the government, imposed limits upon its power, and divided that power among different levels and branches.

3. Inalienable Rights. Every individual person is sovereign in the sense that he or she retains certain inalienable rights, which the government …

Electing Our Judges And Judicial Independence: The Supreme Court's "Triple Whammy", Martin Belsky

Akron Law Faculty Publications

In this article, Martin Belsky makes the case for judicial selection based on merit, as opposed to popular elections. Belsky cites Caperton v. A.T. Massey Coal Company and the recent defeat of three Iowa supreme court justices because of their opinion in a controversial gay marriage case for the proposition that judicial elections can, and do, yield unjust results. Belsky asserts the need for judicial independence, but concludes that this goal is not achievable through elections because of the "triple whammy" of constitutional limitations: (1) the First Amendment protection of the right of judges and judicial candidates to give specific, …

In Defense Of The Substance-Procedure Dichotomy, Jennifer S. Hendricks

Publications

John Hart Ely famously observed, "We were all brought up on sophisticated talk about the fluidity of the line between substance and procedure," but for most of Erie's history, the Supreme Court has answered the question "Does this state law govern in federal court? " with a "yes" or a "no." Beginning, however, with Gasperini v. Center for Humanities, and continuing with Semtek v. Lockheed Martin and the dissenting opinion in Shady Grove v. Allstate, a shifting coalition of justices has pursued a third path. Instead of declaring state law applicable or inapplicable, they have claimed for …

0790: Gil Kleinknecht Collection, 1899-1973, Marshall University Special Collections

Guides to Manuscript Collections

This collection includes materials from Gil Kleinknecht’s personal collection of historic West Virginia and Ohio materials related to police work. The collection also includes Huntington Police Department annual reports, relevant laws and codes, manuals,, and artifacts related to the work of policing in Huntington, West Virginia and the surrounding areas.

To view materials from this collection that are digitized and available online, search the Gil Kleinknecht Papers, 1899-1973 here.

Technology-Assisted Review In E-Discovery Can Be More Effective And More Efficient Than Exhaustive Manual Review, Maura R. Grossman, Gordon V. Cormack

Richmond Journal of Law & Technology

E-discovery processes that use automated tools to prioritize and select documents for review are typically regarded as potential cost-savers – but inferior alternatives – to exhaustive manual review, in which a cadre of reviewers assesses every document for responsiveness to a production request, and for privilege. This Article offers evidence that such technology-assisted processes, while indeed more efficient, can also yield results superior to those of exhaustive manual review, as measured by recall and precision, as well as F1, a summary measure combining both recall and precision. The evidence derives from an analysis of data collected from the TREC 2009 …

Four Years Later: How The 2006 Amendments To The Federal Rules Have Reshaped The E-Discovery Landscape And Are Revitalizing The Civil Justice System, Bennett B. Borden, Monica Mccarroll, Brian C. Vick, Lauren M. Wheeling

Richmond Journal of Law & Technology

The 2006 amendments to the Federal Rules of Civil Procedure, which were enacted to address the potentially immense burden involved in the discovery of electronically-stored information (“ESI”), set in motion a process that is revitalizing the primary purpose of the Federal Rules of Civil Procedure adopted nearly seventy years earlier: “to secure the just, speedy, and inexpensive determination of every action and proceeding.” One of the principal means through which the Federal Rules of Civil Procedure achieve this purpose is by allowing for the discovery of “any nonprivileged matter that is relevant to any party’s claim or defense.” The reasoning …

The Limitations And Admissibility Of Using Historical Cellular Site Data To Track The Location Of A Cellular Phone, Aaron Blank

Richmond Journal of Law & Technology

Imagine someone has just committed a crime. Shortly thereafter, law enforcement responds and quickly apprehends a suspect on the scene or close by. In order to prove guilt beyond a reasonable doubt, the time and place of apprehending the suspect, combined with witness testimony or physical evidence, may be enough for the prosecution to meet its burden of proof.

Better Late Than Never: How The Online Advertising Industry’S Response To Proposed Privacy Legislation Eliminates The Need For Regulation, Catherine Schmierer

Richmond Journal of Law & Technology

Although Julie Matlin liked the shoes she saw on Zappos.com, she ultimately left the site without purchasing them. However, it was not the last time she would see that pair of shoes. For the next several days, the shoes followed Ms. Matlin to numerous other websites. “It was as if Zappos had unleashed a persistent salesmen who wouldn’t take no for an answer.” Understandably, Ms. Matlin found this “online stalking” disturbing, but she was more troubled when ads for her online dieting service started following her as well. She stated, “They are still following me around, and it makes me …

Blowing Out All The Candles: A Few Thoughts On The Twenty-Fifth Birthday Of The Sentencing Reform Act Of 1984, J. C. Oleson

University of Richmond Law Review

No abstract provided.

Geopolitics, Oil Law Reform, And Commodity Market Expectations, Robert Bejesky

Oklahoma Law Review

No abstract provided.

Sex-Cells: Evaluating Punishments For Teen "Sexting" In Oklahoma And Beyond, John M. Krattiger

Oklahoma Law Review

No abstract provided.

'Til Death Do Us Part: Why Personal Jurisdiction Is Required To Issue Victim Protection Orders Against Nonresident Abusers, Bevan J. Graybill

Oklahoma Law Review

No abstract provided.

What Is In Gina's Genes? The Curious Case Of The Mutant-Hybrid Employment Law, William Corbett

Oklahoma Law Review

No abstract provided.

Choice Of Law: Defining The Place Of Performance For General Contract Disputes In Oklahoma, Patrick L. Stein

Oklahoma Law Review

No abstract provided.

Playing Telephone: The Federal Circuit Misinterprets Precedent By Ignoring Context In Sky Technologies, Llc V. Sap Ag, Christopher M. Crouch

Oklahoma Law Review

No abstract provided.

Is Integration A Discriminatory Purpose?, Michelle Adams

Articles

Is integration a form of discrimination? Remarkably, recent Supreme Court doctrine suggests that the answer to this question may well be yes. In Ricci v. DeStefano, the Court characterizes - for the very first time - government action taken to avoid disparate-impact liability and to integrate the workplace as "race-based," and then invalidates that action under a heightened level of judicial review. Consequently, Ricci suggests that the Court is open to the "equivalence doctrine," which posits that laws intended to racially integrate are morally and constitutionally equivalent to laws intended to racially separate. Under the equivalence doctrine, integration is simply …

Criminalization Of Air Disasters: What Goal, If Any, Is Being Achieved, Elaine D. Solomon, Dina L. Relles

Journal of Air Law and Commerce

No abstract provided.

Too Close To Home: Limiting The Organizations Subsidized By The Charitable Deduction To Those In Economic Need, Shannon Weeks Mccormack

Articles

The charitable deduction allows taxpayers to deduct amounts donated to organizations pursuing statutorily designated purposes from their otherwise taxable income. By lowering the after-tax cost of giving and encouraging taxpayers to donate more than they otherwise would, the charitable deduction subsidizes a broad variety of organizations. Some of these organizations provide widespread societal benefits, while others provide narrower benefits that remain closer to the taxpayer-donor’s home. To evaluate these current laws, this Article focuses on efficiency criteria, which limit subsidized organizations to those with donor support that does not cover the costs needed to optimally provide goods and services. Existing …

From Substance To Shadows: An Essay On Salazar V. Buono And Establishment Clause Remedies, David B. Owens

Articles

Most disputes about the Establishment Clause center on its substantive meaning; whether, for example, a state subsidy promotes religion, the phrase “In God We Trust” can appear on currency, or a display of the Ten Commandments is unconstitutional. Often overlooked and lurking behind these substantive disputes is a question about what remedies are available when an Establishment Clause violation is found. Typically, an injunction prohibiting the subsidy, practice, or display is the choice. In Salazar v. Buono, however, the Supreme Court was confronted with an unusual case for two reasons. First, the doctrine of res judicata formally barred the …

Student-Edited Law Reviews And Their Role In U.S. Legal Education, Daniel H. Foote

Articles

>p>For well over a centur y student-edited law reviews have been a major vehicle for publication of scholarship on law in the United States. At those law reviews, students bear responsibility for nearly all aspects of the publication process, including the vitally important task of selecting what works will be published. Criticisms have been raised over various aspects of this system, but they have not stemmed the rise of student-edited law reviews. Today, such law reviews are firmly entrenched as a central feature of the U.S. legal system; and, facilitat­ ed by advances in technology, the number of student-edited …

Internationalization And Integration Of Doctrine, Skills And Ethics In Legal Education: The Contrasting Situations Of The United States And Japan, Daniel H. Foote

Articles

This article addresses two trends in legal education: internationalization and integration of doctrine, skills and legal ethics. In the United States, international and comparative law, skills training, and legal ethics all have deep historical roots in legal education, and the past few decades have seen further major increases in each of those areas. A particularly noteworthy recent development is the rise in efforts to integrate skills training and attention to ethical issues with doctrinal analysis, rather than just teaching each of those elements separately, Notably, Harvard Law School, which continues to influence educational patterns at other law schools within the …

Legal Education For The Future: Global Perspectives, Daniel H. Foote

Articles

This is a report on "FutureEd 2: Making Global Lawyers for the 21st Century," a conference on legal education held at Harvard Law School (HLS) on October 15-16, 2010, In which this author had the opportunity to participate. The conference was the second In a series of three conferences jointly organized by HLS and New York Law School (NYLS). The first conference was held at NYLS in April 2010; the third and final conference was held at NYLS, in April 2011．The goals of the conferences were to stimulate thinking and research about the future of legal education; to promote concrete …

The Confluence Of European Activism And American Minimalism: Patentable Subject Matter After Bilski, Patrick E. King, Ryan M. Roberts, Andrew V. Moshirnia

Santa Clara High Technology Law Journal

No abstract provided.

Heart Pills Are Red, Viagra Is Blue - When Does Pill Color Become Functional? An Analysis Of Utilitarian And Aesthetic Functionality And Their Unintended Side Effects In The Pharmaceutical Industry, Signe H. Naeve

Santa Clara High Technology Law Journal

No abstract provided.

The Ripple Effect Of Seventh Amendment Decisions On The Development Of Substantive Patent Law, Eileen M. Herlihy

Santa Clara High Technology Law Journal

No abstract provided.

Killing Good Patents To Wipe Out Bad Patents: Bilski, The Evolution Of Patentable Subject Matter Rules, And The Inability To Save Valuable Patents Using The Reissue Statute, Edward Van Gieson, Paul Stellman

Santa Clara High Technology Law Journal

No abstract provided.