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Articles 324451 - 324480 of 545332
Full-Text Articles in Law
The Empire Strikes Back, A. Michael Froomkin
Out Of The Shadow: Marking Intersections In And Between Asian Pacific American Critical Legal Scholarship And Latina/O Critical Legal Theory, Elizabeth M. Iglesias
Out Of The Shadow: Marking Intersections In And Between Asian Pacific American Critical Legal Scholarship And Latina/O Critical Legal Theory, Elizabeth M. Iglesias
Articles
No abstract provided.
Gone But Not Conforming: Protecting The Abhorrent Testator From Majoritarian Cultural Norms Through Minority-Culture Arbitration, E. Gary Spitko
Gone But Not Conforming: Protecting The Abhorrent Testator From Majoritarian Cultural Norms Through Minority-Culture Arbitration, E. Gary Spitko
Faculty Publications
In a variety of contexts, cultural minorities have cause to fear adjudication of their legal rights and responsibilities in a legal system dominated by majority-culture personnel (most notably including judges and jurors). This is particularly true when cultural minorities attempt to use formal legal processes to give effect to choices that are inconsistent with prevailing community norms. In such cases, the substantive merit of their legal claims is at risk of being subjugated to majoritarian values, through a process that relies on members of the majority culture to vindicate the substantive rights at issue. This phenomenon presents a cruel dilemma: …
North Dakota Jumps On The Agricultural Disparagement Law Bandwagon By Enacting Legislation To Meet A Concern Already Actionable Under State Defamation Law And Failing To Heed Constitutionality Concerns, Jennifer J. Mattson
North Dakota Law Review
No abstract provided.
American Indian Law Meets The Internal Revenue Code: Warbus V. Commisioner, Erik M. Jensen
American Indian Law Meets The Internal Revenue Code: Warbus V. Commisioner, Erik M. Jensen
North Dakota Law Review
No abstract provided.
New Criticisms Of The Libel-Proof Plaintiff Doctrine , Wayne M. Serra
New Criticisms Of The Libel-Proof Plaintiff Doctrine , Wayne M. Serra
Cleveland State Law Review
This paper will explore the libel-proof plaintiff doctrine and examine it in light of traditional standing and jurisdictional principles. Part II of this paper discusses the origin of the libel-proof doctrine and its application. Part III explores the general requirements for diversity actions in the federal district courts, the application of state law to those actions, and the impact of the First Amendment on state libel law. Part IV discusses standing to sue principles and analyzes the libel-proof plaintiff doctrine in light of those principles. Part V discusses some criticisms of the libel-proof plaintiff doctrine. Finally, Part VI concludes that …
Will The Real Legislature Please Stand Up - A Response To Kulch V. Structural Fibers, Inc.: Clarifying The Public Policy Exception , Margaret M. Koesel, David A. Bell, Tracey L. Turnbull
Will The Real Legislature Please Stand Up - A Response To Kulch V. Structural Fibers, Inc.: Clarifying The Public Policy Exception , Margaret M. Koesel, David A. Bell, Tracey L. Turnbull
Cleveland State Law Review
This Article briefly traces the history of the employment-at-will doctrine from its origins in the English common law through the present. It also examines the exceptions to this doctrine that have arisen during the twentieth century and, in particular, the "public policy" exception. Next, the Article analyzes how Ohio courts have narrowed the at-will doctrine since 1990. The Article then examines the Kulch decision and responds to a recent article that favorably analyzes Kulch. Finally, the Article concludes that this case is improperly decided because it usurps the right of the legislature to establish public policy in statutes and because …
Legislative History In Ohio: Myths And Realities, Maureen Bonace Mcmahon
Legislative History In Ohio: Myths And Realities, Maureen Bonace Mcmahon
Cleveland State Law Review
In this article I will explore what seems to be a prevailing formal view about Ohio legislative history, and the contradictory signals expressed by the Ohio Revised Code and the courts, particularly the Ohio Supreme Court. In Part Two, I consider the prevailing assumptions about legislative history in Ohio. In Part Three, I examine the reality of judicial use of legislative history in Ohio; Part Four describes the Ohio Legislative Service Commission and its non-partisan legislative staff. Part Five compares federal and Ohio legislative history, and argues that Ohio's legislative process and history are rooted in its political culture. In …
Destination Unknown: Does The Internet's Lack Of Physical Situs Preclude State And Federal Attempts To Regulate It , Christopher S.W. Blake
Destination Unknown: Does The Internet's Lack Of Physical Situs Preclude State And Federal Attempts To Regulate It , Christopher S.W. Blake
Cleveland State Law Review
This Note summarizes recent tests of state and federal Internet content regulations and analyzes the impact the Internet's incompatibility with "real space" geography had or might have had on the courts' reasoning. To some extent, it posits what problems the incompatibility poses for impending legislation. In the midst of such discussion, this Note opines that state and federal regulations of the Internet could conceivably both fail Constitutional muster, due specifically to the internet's physical shortcomings. Part II of this Note offers a background of the Internet's different communication capacities and describes its conflicts with geography. Part III summarizes the courts' …
The Clean Air Act Amendments Of 1990 And An Unbridled Spending Power: Will They Survive On The Supreme Court's Road To Substantive Federalism, Mark A. Miller
The Clean Air Act Amendments Of 1990 And An Unbridled Spending Power: Will They Survive On The Supreme Court's Road To Substantive Federalism, Mark A. Miller
Cleveland State Law Review
The question remains as to how far the Supreme Court will go in its refortification of the Tenth Amendment. This Note explores emerging federalism trends and evaluates the CAA in light of a stronger state sovereignty that is appearing on the constitutional horizon. Parts II and III examine the CAAA and the constitutional problems engendered by the Act. Part IV examines current Tenth Amendment and Spending Clause jurisprudence, and illustrates that the CAAA is a classic example of how Congress has been able to circumvent the Tenth Amendment with its Spending power. Part V presents a new view of federalism …
State V. Lovejoy: Hung Juries And Retrial Vs. Double Jeopardy And Collateral Estoppel, Nicole M. Ellis
State V. Lovejoy: Hung Juries And Retrial Vs. Double Jeopardy And Collateral Estoppel, Nicole M. Ellis
Cleveland State Law Review
This article argues that the Supreme Court of Ohio's decision in Lovejoy helps to preserve the purpose of our criminal laws, which is to protect society. The article starts by recapping the events leading up to trial, then it breaks down the court decisions on appeal. The analysis of these decisions arrives at the conclusion that allowing a defendant to be retried on charges in which the accused was not previously acquitted, but rather the jury was hung or there was a mistrial, does not frustrate justice but instead greatly increases the opportunities for justice. In addition, the accused is …
On Seeking Controlling Law And Re-Seeking Death Under Section 2929.06 Of The Ohio Revised Code , Margery B. Koosed
On Seeking Controlling Law And Re-Seeking Death Under Section 2929.06 Of The Ohio Revised Code , Margery B. Koosed
Cleveland State Law Review
This article explores and analyzes the two-pronged legal dilemma that confronted the court in State v. Marshall: in Ohio, finding the correct sentencing law is often difficult; and a recent amendment to the resentencing portion of that law, S.B. 258, destroys the efficiency that was characteristic of Ohio's previous resentencing framework. Consequently, Part II of this article examines the facts and holding of State v. Marshall and suggests that finding the applicable law must be simplified. Practitioner handbooks are often confusing and incomplete, in part as the Ohio legislature generates an ever-changing body of law. Justice and the lives of …
Lisa Herdahl And Religious Liberty , Nadine Strossen
Lisa Herdahl And Religious Liberty , Nadine Strossen
Cleveland State Law Review
Introduction of the ACLU’s Roger Baldwin Medal of Liberty Award honoree, detailing her specific struggle and outlining the larger national picture her case reflected.
The Shore Line Status Quo Requirement, Daniel R. Elliott Iii
The Shore Line Status Quo Requirement, Daniel R. Elliott Iii
Cleveland State Law Review
This article examines the Supreme Court’s 1969 decision in Detroit & Toledo Shore Line Railroad v. United Transportation Union. It discusses the decisions following 1969 that weakened the Shore Line holding and thus undermined one of the principal purposes behind the Railway Labor Act. Part I lays out the background of the Railway Labor Act status quo requirements. Part II delves into the Shore Line decision. Part III explains the effect subsequent status quo decisions have had on the Shore Line holding. Part IV discusses related case law that also impacted the Shore Line holding. And finally, Part V points …
Ozone Transport And The Clean Air Act: The Answers Are Blowin' In The Wind, Shari R. Desalvo
Ozone Transport And The Clean Air Act: The Answers Are Blowin' In The Wind, Shari R. Desalvo
Cleveland State Law Review
This Note addresses the major provisions of the Clean Air Act that deal with the transport of ozone from one state to another. After an overview of the Act and specific sections dealing with ozone transport, the Note discusses the Environmental Protection Agency's (the "EPA") inconsistent interpretation and application of the Act, as exposed through the limited case law addressing this issue to date. Next, using the illustrative cases of Pennsylvania and Ohio, the Note discusses how Northeastern states are suffering economically and physically due to Midwestern pollution. This Note concludes that it is time for the EPA to stop …
Grandparent Visitation Rights In Ohio After Grandchild Adoption: Is It Time To Move In A New Direction , Genevieve Louise Adamo
Grandparent Visitation Rights In Ohio After Grandchild Adoption: Is It Time To Move In A New Direction , Genevieve Louise Adamo
Cleveland State Law Review
This note will explain why the Ohio legislature should change the current law regarding grandparent visitation following the adoption of their grandchildren. This note will first explore the way that Ohio looked at the issue of grandparent visitation following the adoption of their grandchildren prior to the Ohio Supreme Court decisions in Ridenour and Martin. Then this note will examine the decisions in Ridenour and Martin. Next this note will discuss other states' laws which allow grandparent visitation following a stepparent adoption. Finally, this note will examine some of the studies and commentaries which suggest that grandparent visitation following stepparent …
Where We Have Been, And Where We Might Be Going: Some Cautionary Reflections On Rape Law Reform, The Sixty-Eighth Cleveland-Marshall Fund Lecture , Joshua Dressler
Where We Have Been, And Where We Might Be Going: Some Cautionary Reflections On Rape Law Reform, The Sixty-Eighth Cleveland-Marshall Fund Lecture , Joshua Dressler
Cleveland State Law Review
We should always be looking to see where we are, how we got there, and where we appear to be going. My purpose in this article has been to ask those questions in the context of rape law. In evaluating rape reform, I have tried to be fair-minded and balanced in my observations. I have suggested areas in which the law should go further to protect against sexual misconduct, but I have also expressed my belief that rape law reform threatens to move in undesirable directions. In particular, I have argued that there is a risk that courts will follow …
Genetic Technology And Its Impact On Culpability For Criminal Actions , Marcia Johnson
Genetic Technology And Its Impact On Culpability For Criminal Actions , Marcia Johnson
Cleveland State Law Review
This article addresses only one issue, one which our judicial system ultimately must address: the criminal responsibility one will bear for committing a crime when the actions are determined by the actor's genetic make-up. Part I of the article traces the roots of genetic research from Darwinism to eugenics and Nazi racial purity theories. Part II reviews theories and studies which support the concept of genetic influence on social, particularly criminal, behavior. Part III considers the impact of the genetic revolution on our criminal justice system with special emphasis on the effect on our system's fundamental concept of free will. …
The Cy Pres Doctrine In The United States: From Extreme Reluctance To Affirmative Action, Frances Howell Rudko
The Cy Pres Doctrine In The United States: From Extreme Reluctance To Affirmative Action, Frances Howell Rudko
Cleveland State Law Review
Perhaps no legal principle illustrates the use of Fourteenth Amendment equal protection jurisprudence more poignantly than the relatively obscure cy pres doctrine. The ancient doctrine which allowed both courts and the Crown in England to change trust purposes when the original trust purposes proved no longer viable was adopted belatedly, sporadically and partially by jurisdictions in the United States. In Part I, the author illustrates how the United States jurisdictions differ from England in the requirement for charitable intent. Earlier cases reveal the United States, unlike England, has resisted relaxation of the requirement. In Part II, the author uses the …
Rape Shield Statutes And The Admissibility Of Evidence Tending To Show A Motive To Fabricate 1998 John M. Manos Writing Competition On Evidence, Regan Kreitzer Latesta Clerk For United States Bankruptcy Court For The District Of Maryland
Rape Shield Statutes And The Admissibility Of Evidence Tending To Show A Motive To Fabricate 1998 John M. Manos Writing Competition On Evidence, Regan Kreitzer Latesta Clerk For United States Bankruptcy Court For The District Of Maryland
Cleveland State Law Review
Rape shield statutes were enacted in order to protect the rape victim from embarrassment and humiliation at the trial of the accused by restricting the admission of sexual conduct evidence. While these statutes, for the most part, succeed in protecting the victim and encouraging her to report the rape, they can have the effect of limiting the accused's ability to defend himself. Part II of this article discusses the advent of rape shield statutes in the United States. Part III examines case law construing the statutes with regard to prior sexual conduct as evidence of a motive to fabricate. Finally, …
Seeing Is Believing: A Practitioner's Guide To The Admissibility Of Demonstrative Computer Evidence, 1998 John M. Manos Writing Competition On Evidence , Karen D. Butera
Seeing Is Believing: A Practitioner's Guide To The Admissibility Of Demonstrative Computer Evidence, 1998 John M. Manos Writing Competition On Evidence , Karen D. Butera
Cleveland State Law Review
As computer equipment itself becomes more financially accessible, more experts are using computer simulations as demonstrative evidence during their trial testimony. However, this use of computer simulations presents several novel, complex issues. Part II will explore the backgrounds of demonstrative evidence, computerization, and the use of computer simulation for demonstrative evidence. Part III will discuss and analyze several relevant issues, including attorney training, expert knowledge, judicial confusion, additional evidentiary issues, and the possible prejudicial influence of demonstrative computer simulations. This discussion concludes with some general thoughts regarding the use of demonstrative computer simulation to illustrate expert testimony.
The Tax Status Of Ohio Property Used For Low-Income Housing, Christopher P. Conomy
The Tax Status Of Ohio Property Used For Low-Income Housing, Christopher P. Conomy
Cleveland State Law Review
This Note argues that the rule denying property tax exemption to low-income housing units is improper. The rule is improper in three significant regards. First, as a matter of social and public policy, the rule is misguided, because it hinders the fulfillment of an important need in Ohio and in American society at large. Second, as a purely legal matter, the original rule denying exemption for these properties resulted as a mistaken application of the existing law regarding the definition of "charitable" use. The third, and most compelling reason, is that the legal basis underlying the original rule has undergone …
The Future Of Affirmative Action: The Legal Imperative Nationally And The Ohio Experience, Jack P. Desario, Thomas L. Colaluca, Gina A. Kuhlman
The Future Of Affirmative Action: The Legal Imperative Nationally And The Ohio Experience, Jack P. Desario, Thomas L. Colaluca, Gina A. Kuhlman
Cleveland State Law Review
This presentation of the legal future of affirmative action will be divided into five sections. The introductory material serves as a general introduction to the issues. The second section will review the origins and evolution of affirmative action. This section will also attempt to provide a definition of this complex concept. The third will provide a detailed analysis of Regents of the University of California v. Bakke. Bakke represents the Supreme Court's first attempt to resolve the legal complexities of affirmative action. The Court's holdings in Bakke have shaped the debate for over 20 years. The fourth segment of this …
Workers' Compensation Law: Act 796 Of 1993 And The Definition Of "Compensable Injury", Terry D. Lucy
Workers' Compensation Law: Act 796 Of 1993 And The Definition Of "Compensable Injury", Terry D. Lucy
University of Arkansas at Little Rock Law Review
No abstract provided.
Employment Discrimination On The Basis Of Sexual Orientation In Institutions Of Higher Education: A Survey Of Faculty Opinions, Catherine Ann Christie
Employment Discrimination On The Basis Of Sexual Orientation In Institutions Of Higher Education: A Survey Of Faculty Opinions, Catherine Ann Christie
Theses and Dissertations
Federal law does not prohibit employment discrimination based on sexual orientation. As is the case for other professionals, an educator who is a gay male or lesbian has had no protection from this form of discrimination unless it is specifically prohibited by a state or local law, or an institutional policy. Because they have been legally prohibited from marrying, domestic partners of gay and lesbian educators have not been entitled to share the employment benefits of their partners. This study examined opinions of faculty in four-year colleges and universities in Arkansas regarding employment discrimination based on sexual orientation in institutions …
Criminal Procedure—Crazy As I Need To Be: The United States Supreme Court's Latest Addition To The Incompetency Doctrine. Cooper V. Oklahoma, 116 S. Ct. 1373 (1996)., S. Christopher Thomason
Criminal Procedure—Crazy As I Need To Be: The United States Supreme Court's Latest Addition To The Incompetency Doctrine. Cooper V. Oklahoma, 116 S. Ct. 1373 (1996)., S. Christopher Thomason
University of Arkansas at Little Rock Law Review
No abstract provided.
The Attack On Traditional Billing Practices, Stephen W. Jones, Melissa Beard Glover
The Attack On Traditional Billing Practices, Stephen W. Jones, Melissa Beard Glover
University of Arkansas at Little Rock Law Review
No abstract provided.
Prosecutorial Misconduct In Closing Argument In Arkansas Criminal Trials, J. Thomas Sullivan
Prosecutorial Misconduct In Closing Argument In Arkansas Criminal Trials, J. Thomas Sullivan
University of Arkansas at Little Rock Law Review
No abstract provided.
From Whence Cometh Our State Appellate Judges: Popular Election Versus The Missouri Plan, Robert L. Brown
From Whence Cometh Our State Appellate Judges: Popular Election Versus The Missouri Plan, Robert L. Brown
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—Single Hiring Decisions And Municipal Entities: The United States Supreme Court's Latest Safeguard Against Municipal Liability Under 42 U.S.C. §1983. Board Of The County Comm'rs V. Brown, 117 S. Ct. 1382 (1997)., J. Matthew Mauldin
University of Arkansas at Little Rock Law Review
No abstract provided.