Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (68)
- First Amendment (12)
- Civil Rights and Discrimination (8)
- Criminal Law (6)
- Supreme Court of the United States (6)
-
- Criminal Procedure (5)
- Fourteenth Amendment (5)
- Jurisprudence (5)
- Family Law (4)
- Law and Race (4)
- Administrative Law (3)
- Law and Gender (3)
- President/Executive Department (3)
- Religion Law (3)
- State and Local Government Law (3)
- Comparative and Foreign Law (2)
- Conflict of Laws (2)
- Courts (2)
- Education Law (2)
- Health Law and Policy (2)
- International Law (2)
- Juvenile Law (2)
- Law and Politics (2)
- Medical Jurisprudence (2)
- Sexuality and the Law (2)
- Tax Law (2)
- Banking and Finance Law (1)
- Civil Law (1)
- Civil Procedure (1)
- Institution
Articles 1 - 30 of 86
Full-Text Articles in Law
Conflicts Originalism: The "Original Content" Of The Full Faith And Credit Clause And The Compulsory Choice Of Marriage Law, J. Sephen Clark
Conflicts Originalism: The "Original Content" Of The Full Faith And Credit Clause And The Compulsory Choice Of Marriage Law, J. Sephen Clark
West Virginia Law Review
No abstract provided.
Specifically Authorized By Binding Precedent Does Not Mean Suggested By Persuasive Precedent: Applying Good-Faith Exception After Davis V. United States, Zachary C. Bolitho
Specifically Authorized By Binding Precedent Does Not Mean Suggested By Persuasive Precedent: Applying Good-Faith Exception After Davis V. United States, Zachary C. Bolitho
West Virginia Law Review
No abstract provided.
The Dtsa: The Litigator's Full-Employment Act, Sharon K. Sandeen
The Dtsa: The Litigator's Full-Employment Act, Sharon K. Sandeen
Washington and Lee Law Review Online
Civil litigation is expensive, both for the party bringing suit and the party that must defend against such claims. For a variety of reasons, not the least of which are the usual requests for preliminary relief and protective orders, trade secret litigation is particularly expensive. These costs can have a crippling effect on small businesses and start-up companies that are accused of trade secret misappropriation, often resulting in litigation expenses that exceed the alleged harm to the plaintiff. Such litigation is particularly costly and unjust in cases where the plaintiff asserts rights that, due to common misunderstandings about the limited …
Too Much Collateral Damage; Fatca: The Well-Intentioned, Yet Misguided And Unconstitutional, Tax Law, Zac Delap
Too Much Collateral Damage; Fatca: The Well-Intentioned, Yet Misguided And Unconstitutional, Tax Law, Zac Delap
Journal of the National Association of Administrative Law Judiciary
This paper will examine FATCA in five parts: beginning with an introduction in Part I, Part II will provide the pertinent background that gave rise to the law, Part III will present the essential elements of FATCA, Part IV will offer pertinent liberty and constitutional arguments against FATCA, and Part V will analyze each argument's possibility of succeeding.
Law's Exposure: The Movement And The Legal Academy, Amna A. Akbar
Law's Exposure: The Movement And The Legal Academy, Amna A. Akbar
Journal of Legal Education
No abstract provided.
From The Editors: Ferguson And Its Impact On Legal Education Symposium, Marc Spindelman, Thomas D. Cobb, Kellye Testy, Kate O'Neill
From The Editors: Ferguson And Its Impact On Legal Education Symposium, Marc Spindelman, Thomas D. Cobb, Kellye Testy, Kate O'Neill
Journal of Legal Education
No abstract provided.
Police Violence And Ferguson: (En)Racing Criminal Procedure, Jeannine Bell
Police Violence And Ferguson: (En)Racing Criminal Procedure, Jeannine Bell
Journal of Legal Education
No abstract provided.
A Reader's Guide To Pre-Modern Procedure, David L. Noll
A Reader's Guide To Pre-Modern Procedure, David L. Noll
Journal of Legal Education
No abstract provided.
Book Review Of "The Once And Future King: The Rise Of Crown Government In America" By F.H. Buckley, Ronald Rotunda
Book Review Of "The Once And Future King: The Rise Of Crown Government In America" By F.H. Buckley, Ronald Rotunda
Journal of Legal Education
No abstract provided.
Moral Shock And Legal Education, Susan A. Bandes
Moral Shock And Legal Education, Susan A. Bandes
Journal of Legal Education
No abstract provided.
Reverse Broken Windows, Christopher R. Green
Reverse Broken Windows, Christopher R. Green
Journal of Legal Education
No abstract provided.
Facing The Ghost Of Cruikshank In Constitutional Law, Martha T. Mccluskey
Facing The Ghost Of Cruikshank In Constitutional Law, Martha T. Mccluskey
Journal of Legal Education
No abstract provided.
Teaching "Ferguson", Chad Flanders
The Fire This Time: Black Lives Matter, Abolitionist Pedagogy And The Law, Charles R. Lawrence Iii
The Fire This Time: Black Lives Matter, Abolitionist Pedagogy And The Law, Charles R. Lawrence Iii
Journal of Legal Education
No abstract provided.
Legal Education And The Legitimation Of Racial Power, Gary Peller
Legal Education And The Legitimation Of Racial Power, Gary Peller
Journal of Legal Education
No abstract provided.
Canadian Constitutional Identities, Eric M. Adams
Canadian Constitutional Identities, Eric M. Adams
Dalhousie Law Journal
Constitutions are stories nations tell about themselves. Despite the famous declaration in the Constitution Act, 1867 that the "Provinces ofCanada...Desire...a Constitution similar in Principle to that of the United Kingdom," most of Canada's constitutional history can be understood as the search for a distinctly Canadian constitutional identity Canadians have always looked to their constitutional instruments to both reflect and produce a particular vision of the nation and its citizens. This article focuses on the search for Canada s constitutional identity during its first century as a nation, from Confederation until the 1960s. Drawing on a varied array of sources and …
Rights Of State Prisoners - Federal Court Intervention In State Prison Administration; Jones V. Wittenberg, Ronald L. Collins
Rights Of State Prisoners - Federal Court Intervention In State Prison Administration; Jones V. Wittenberg, Ronald L. Collins
Akron Law Review
The path to federal court intervention into state prison administration has been a tortuous and rocky one.... Jones v. Wittenberg carries federal court intervention into state prison administration to new lengths. Until more basic and lasting changes are made on the part of society and the states, such intervention seems to be the best chance for ameliorating conditions in our state penal systems.
Constitutional Law - Flag Desecration Statutes - Freedom Of Expression; Parker V. Morgan, Bruce C. Heslop
Constitutional Law - Flag Desecration Statutes - Freedom Of Expression; Parker V. Morgan, Bruce C. Heslop
Akron Law Review
Viewed in its broad perspective, Parker v. Morgan has further clarified and circumscribed the constitutional limits of the state's power to protect the American flag from public acts of desecration. In this respect it may be considered to provide further insight into the constitutional questions involved in this relatively untouched area of the law. However, until authoritative consideration has been given to the nature and source of those protective powers which are reserved to a state, Parker v. Morgan cannot be regarded to have drawn the ultimate lines of demarcation for the constitutional validity of flag desecration statutes. A meaningful …
Constitutional Law And Secured Transactions: State Action V. Private Action - Uniform Commercial Code Self-Help; Repossession Provisions - Do Not Violate Due Process Requirements; Adams V. Southern California First National Bank, David M. Hunter
Akron Law Review
Several years ago, the United States Supreme Court, in Sniadach v. Family Finance Corp.,' signaled what has been eventually interpreted in subsequent decisions as the strict measurement of creditors' rights against the requirements of due process set forth in the fourteenth amendment. What has since transpired has been an onslaught of litigation in this area of such magnitude that the due process requirements of prior notice and hearing found in Sniadach have been extended to virtually all forms of prejudgment remedies available to the aggrieved creditor. Despite all of this, the rationale of the Court of Appeals for the Ninth …
Obscenity - New First Amendment Standards; Miller V. California, Stacy E. Wolfe
Obscenity - New First Amendment Standards; Miller V. California, Stacy E. Wolfe
Akron Law Review
It has been over fifteen years since the Supreme Court embarked on its precarious course of determining the Constitutional boundaries for control of obscenity by the state and federal governments. The Court's first attempt to define the meaning of obscenity and ultimately determine the Constitutional protection afforded this expression was in Roth v. United States. What has followed can only be characterized as a series of irreconcilable conflicts and discrepancies that have left the law in this area in total confusion. Recently, the Court in Miller v. California has again attempted to provide "concrete guidelines to isolate 'hard core' pornography …
Fifth Amendment - Due Process Clause- Sex Discrimination - Sex: A Suspect Classification; Frontiero V. Richardson, John J. Cook
Fifth Amendment - Due Process Clause- Sex Discrimination - Sex: A Suspect Classification; Frontiero V. Richardson, John J. Cook
Akron Law Review
Sharon A. Frontiero, a lieutenant in the United States Air Force, sought increased benefits for her husband as a "dependent" under 37 U.S.C. Sections 401, 4031 and 10 U.S.C. Sections 1072, 10762 Those statutes provide that spouses of male members of the uniformed services are always dependents for purposes of obtaining increased quarters allowances and medical and dental benefits, but that spouses of female members are not dependents unless they are, in fact, dependent for over one-half of their support.3
Equal Protection - Property Taxes As A Method Of Funding Public Education; San Antonio Independent School District V. Rodriguez, Mark K. Croft
Equal Protection - Property Taxes As A Method Of Funding Public Education; San Antonio Independent School District V. Rodriguez, Mark K. Croft
Akron Law Review
Suit was brought in U.S. District Court for the Western District of Texas challenging the constitutionality of the Texas school financing system on the theory that it discriminated on a basis of wealth, permitting provision of a higher quality of education to be offered the children in property-rich school districts while residents pay a lower tax rate, thus denying equal protection of the law.' The District Court found the laws forming this system unconstitutional on this basis. Appeal brought the case to the Supreme Court in October of 1972, where it was reversed.
Obscenity - Liquor Regulations; California V. Larue, Richard Bernstein
Obscenity - Liquor Regulations; California V. Larue, Richard Bernstein
Akron Law Review
The state has the power to regulate the distribution of liquor and enforce health and safety regulations, but the state may not broadly stifle First Amendment freedoms when doing so. "The breath of legislative abridgement must be viewed in the light of less drastic means for achieving the same basic purpose." s The Court has consistently held that only a compelling state interest in the regulation of a subject within the state's constitutional power to regulate can justify limiting First Amendment freedoms.
Search And Seizure - Warrantless Search- Allowable Extent Incident To Arrest; United States V. Robinson, John Nelson Childs
Search And Seizure - Warrantless Search- Allowable Extent Incident To Arrest; United States V. Robinson, John Nelson Childs
Akron Law Review
DISTRICT OF COLUMBIA Metropolitan Policeman Richard Jencks, on April 19, 1968, halted Willie Robinson for a "routine spot check."' While examining Robinson's driver's license, motor vehicle registration, and selective service card, Officer Jencks noticed an 11-year discrepancy between the two birthdates listed on his driver's license and his draft card. Upon a later check of police traffic records, Officer Jencks discovered that an operator's permit issued to "Willie Robinson, Jr.," born in 1927, had been revoked and that a temporary license had been issued to a "Willie Robinson," born in 1938. Four days later, the same officer observed Robinson operating …
Student Rights Under The Due Process Clause . . . Suspensions From Public Schools; Goss V. Lopez, Glenn W. Soden
Student Rights Under The Due Process Clause . . . Suspensions From Public Schools; Goss V. Lopez, Glenn W. Soden
Akron Law Review
IN ADDRESSING ITSELF to the constitutionality of Section 3316.66 of the Ohio Revised Code,' the United States Supreme Court in Goss v. Lopez has ruled for the first time upon the extent to which the rights of students are to be protected under the due process clause of the fourteenth amendment in conjunction with any disciplinary removal from a public school. By its action the Court has tacitly undertaken to lift the cloud on student rights which has existed under the common law doctrine of in loco parentis, and interpose procedural safeguards upon any decision of school officials to deprive …
Marriage Rights; Homosexuals And Transsexuals; B. V. B.,, William D. Lentz
Marriage Rights; Homosexuals And Transsexuals; B. V. B.,, William D. Lentz
Akron Law Review
WHAT IS A MARRIAGE? Although there are several definitions, they all contain one common element: the union of one man and one woman. However, if a particular state had no statute which specifically required that marriage be between a man and a woman would the courts uphold a marriage between members of the same sex? The New York Supreme Court, in B. v. B., answered that question in the negative. In that case the wife brought an action for annulment on the ground that her husband was a female, and the husband attempted to amend his answer and counterclaim for …
Courts, Creditors' Rights; Debtors' Protection; Sequestration; Mitchell V. W.T. Grant Co., Sandra J. Pickut
Courts, Creditors' Rights; Debtors' Protection; Sequestration; Mitchell V. W.T. Grant Co., Sandra J. Pickut
Akron Law Review
SINCE 1969, AND TE DECISION in Sniadach v. Family Finance Corp.,' the confrontation between the creditor and the constitution has continued apace. Sniadach began an expansion of the measure of due process applicable to creditors' prejudgment remedies, and heralded a new era of protection for the property interests of vendee-debtors under the cloak of the fourteenth amendment. However, the most recent decision of the Supreme Court on summary prejudgment remedies, Mitchell v. W. T. Grant Co., appears to have abruptly halted that expansion and has returned judicial thinking to a concept of due process prevalent in the pre-Sniadach era. Accordingly, …
Section 1983 - Eleventh Amendment - Executive Immunity; Scheuer V. Rhodes
Section 1983 - Eleventh Amendment - Executive Immunity; Scheuer V. Rhodes
Akron Law Review
0N APRIL 29, 1970, the Governor of Ohio called out elements of the Ohio National Guard in response to alleged civil disorders in the city of Kent, Ohio, and on the campus of Kent State University. In the course of the resulting confrontation between students and members of the Guard, four students were shot and killed. The personal representatives of the estates of three of the deceased students brought actions for damages under the Civil Rights Act of 18711 naming the Governor, the Adjutant General of the Ohio National Guard, various officers and members of the Guard, and the president …
Searches And Seizures - Banks And Banking - Witnesses - Right To Privacy; California Bankers Association V. Schultz, David F. Dybvig
Searches And Seizures - Banks And Banking - Witnesses - Right To Privacy; California Bankers Association V. Schultz, David F. Dybvig
Akron Law Review
FOLLOWING EXTENSIVE HEARINGS, Congress enacted what has become known as the Bank Secrecy Act of 1970. In California Bankers Association v. Schultz, certain parts of the Act were subjected to constitutional attack by various plaintiffs, including individual bank customers, a national bank, a bankers association, and the American Civil Liberties Union, representing itself and its bank customer members. The plaintiffs' challenges rested on the first, fourth, fifth, ninth, tenth, and fourteenth amendments.
Divorce - Pendente Lite Awards - Counsel Fees - Costs - Alimony - Effect Of Equal Rights Amendment; Wiegand V. Wiegand, Joseph M. Donley
Divorce - Pendente Lite Awards - Counsel Fees - Costs - Alimony - Effect Of Equal Rights Amendment; Wiegand V. Wiegand, Joseph M. Donley
Akron Law Review
THE PENNSYLVANIA SUPERIOR COURT, in Wiegand v. Wiegand,struck out at one of the true bastions of sex discrimination incorporated into the Anglo-American legal system. The legislated discrimination of the Pennsylvania Divorce Law was the object of the court's scrutiny. Appellee Sara Wiegand had filed a complaint in divorce a mensa et thora, a petition for alimony, and an initial petition for alimony pendente lite, counsel fees, and expenses. On August 14, 1967, the Court of Common Pleas, Allegheny County, ordered appellant Myron Wiegand to pay $875 per month alimony pendente lite and $250 preliminary counsel fees. Subsequently, appellee filed additional …