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From the monthly archives:

September 2008

Invest in America

September 30, 2008

     There are a number of good reasons not to post this message.  But today is an extraordinary day that calls upon all of us to reflect especially carefully about what we can and should do to avert a possible financial crisis.

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Why People Disagree About the Meaning of the Constitution: Canons of Construction

September 30, 2008

     At the risk of being called a "clever lawyer" (and I guess that's better than being a dumb one!) in this post I will explain what "canons of construction" are.

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Interesting "Open Carry" Handgun Case in Cleveland

September 29, 2008

While one must have a license to carry a concealed handgun in Ohio, it is currently legal to carry the same handgun openly in most places.  The Plain Dealer has an interesting story this morning about a person arrested last month, apparantly while carrying openly.  The twist is that police charged him with concealed carrying [...]

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Notes on the Financial Crisis for Rip Van Winkle

September 25, 2008

Because what the world needs now is one more blogging head, starting today I will be posting here on business law related issues every Thursday.  Apparently, there has been something going on the last few weeks that a corporate and securities law professor might opine on.
As this is my first post, I thought I'd start [...]

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The Bailout Legislation – Is It Constitutional?

September 22, 2008

     The proposed bailout legislation is fascinating, in a horrifying way, on so many levels – politically, economically, ideologically.  What about its constitutionality?

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Incorporation of the 2nd Amendment

September 21, 2008

"Incorporation" is the legal term for finding that parts of the Bill of Rights (the first 10 amendments to the U.S. Constitution) apply to limit the power of state governments.  The Bill of Rights as originally adopted only applied to limit federal power, but the Supreme Court has since held that the Due Process Clause [...]

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Ohio Supreme Court: Guns OK in Public Parks

September 18, 2008

News today of the Ohio Supreme Court's decision in Ohioans For Concealed Carry, Inc. v. Clyde.  In the eagerly awaited decision, the Court rejected the city of Clyde's attempt to ban guns in a local park.  The Court held that the state concealed carry statute preempts local bans of this type, despite the "home rule" [...]

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The End of Wall Street

September 18, 2008

My learned colleague Alan Newman tells me that this article is a good general overview of what is going on on Wall Street. Not my field, but I consider the bankers, financiers, executives, and real estate professionals who made a lot of money over the last decade to be corporate welfare queens. And I'm nervous [...]

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The Honorable Jed S. Rakoff to Hold Public Lecture at Akron Law on Sept. 24

September 18, 2008

Akron Law welcomes distinguished judge, Jed S. Rakoff, United States District Judge for the Southern District of New York as part of its annual Jurist-in-Residence program.
Judge Rakoff will deliver a public lecture titled Law and Science on Sept. 24 at 3 p.m. in Room 151 at The University of Akron School of Law. A reception [...]

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Why People Disagree About the Meaning of the Constitution: Plain Meaning Arguments

September 15, 2008

     The first type of legal argument is based upon the text of the law.  When we are interpreting the Constitution you might suppose that this is the only kind of legal argument that should matter – that we should be able to read the language of the Constitution and that honest, well-intentioned people should all come [...]

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More Post-Heller Wrangling in D.C.

September 15, 2008

Interesting article in the Washington Post this weekend reporting on two separate efforts to modify the D.C. firearms rules put into place following the D.C. v. Heller ruling earlier this year.  The D.C. Council is proposing to ease certain restrictions, while the U.S. Congress is considering a bill that would "virtually end local handgun control" [...]

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Ohio Election Law Action!

September 13, 2008

Ohio looks to be an important swing state (again!) in the upcoming Presidential elections. But you might not have realized that legal issues may determine the outcome. Efforts to settle these issues in advance seem to have failed. Here are a few of the battles currently being fought:

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