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From the monthly archives:

November 2008

Thinking About Thanksgiving During a Time of Financial Crisis: Is There Always Something to Be Grateful For?

November 27, 2008

Holidays can be a time for reflection, and it is hard for me to think about Thanksgiving without thinking about the Native Americans who make up so much of the popular imagery surrounding the holiday.  This reflection is often a somber one.  It is written that Wampsutta, an Aquinnah Wampanoag Elder, had this to say [...]

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The Power of the President to Issue Midnight Regulations

November 27, 2008

     Among the developments in constitutional law that occurred in the 20th century that I consider to be most unfortunate are the changes that have allowed the President of the United States to, in effect, legislate.  We are seeing a flurry of Presidential legislation being issued right now as President Bush has his administrative agencies [...]

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The 2008-2009 Supreme Court Term: (3) Dirty Words on TV

November 25, 2008

    The Federal Communication Commission, interpreting a federal law that makes it a crime to broadcast obscene, indecent, or profane language, issued a regulation which provides:
"No licensee of a radio or television broadcast station shall broadcast on any day between 6 a.m. and 10 p.m. any material which is indecent."
     In 2002 and 2003 Fox Television [...]

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More Questions On The National City Sale

November 20, 2008

This past Sunday, the Plain Dealer asked some troubling questions regarding the sale of National City:

How can PNC pay $5.6 billion for National City and get back more than $5 billion in tax breaks?
Why can PNC pay nearly 20 percent less for National City than the bank's stock traded for the [...]

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The 2008-2009 Supreme Court Term: (2) Preemption of Drug Warning Claims

November 18, 2008

     This year in Wyeth v. Levine the Supreme Court will decide whether or not people can sue a drug manufacturer under State law when the label for the drug is misleading or insufficient.  The drug manufacturers contend that these lawsuits are preempted by the Federal Food, Drug, and Cosmetic Act (FDCA). 

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More on Obama and Guns

November 17, 2008

Interesting post over at ABC News about a question on the Obama Transition Team questionaire.  The question reads:
Do you or any members of your immediate family own a gun?  If so, provide complete ownership and registration information.  Has the registration ever lapsed?  Please also describe how and by whom it is used and whether it [...]

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A Proposed First Amendment Challenge to Proposition 8

November 16, 2008

     On November 4 California voters adopted Proposition 8, an amendment to their state constitution which simply states, "Only marriage between a man and a woman is valid or recognized in California."  Opponents of the measure contend that it was adopted in an unconstitutional manner because the California Constitution provides that while "amendments" to the [...]

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Veterans Day and the Military Industrial Complex

November 13, 2008

This past Tuesday, a student approached me before class and thanked me for my military service.  I have to admit I was caught a bit off guard by the gesture, but I was also quite touched.  It led me to reconsider my planned post for the week (I was going to write about taxes [...]

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Public Lecture: "How to Communicate a Complex Issue to a Jury – And Win"

November 12, 2008

Robert C. Kahrl, a partner with Jones Day, Cleveland will present a public lecture on Nov. 19 at noon in Room 151 at Akron Law.
What do jurors think when they are empanelled to decide a big civil case disputing issues that they never knew existed and legal principles that they have never encountered?  The job [...]

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2008-2009 Supreme Court Term: (1) The Ten Commandments vs. the Seven Aphorisms

November 10, 2008

     Like many American towns, Pleasant Grove City, Utah, prominently displays a statue of the Ten Commandments in the town square.  Summum, a Gnostic religion headquartered in Utah, wishes to have a similar monument to the Seven Aphorisms of its own religion displayed there as well.  In the case of Pleasant Grove City v. Summum the Supreme [...]

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What Will Happen With Alaska's Senate Seat?

November 9, 2008

In Alaska, there is still no call in the race between Democratic challenger Mark Begich and Republican incumbent (and recently convicted felon) Ted Stevens, who has a 3,200 vote lead with 81,000 ballots still to be counted.  Some think that the uncounted ballots may push Begich over the top.  But what if Stevens wins?  Will [...]

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Visiting Law Professor to Re-examine "Lake Pleasant Bodies Case"

November 7, 2008

Professor Lisa Lerman from Catholic Law School will present “Re-examining the Lake Pleasant Bodies Case: A Case Study in Ethical Decision-making” on Monday, Nov. 10 at 3 p.m. in Room 151 at Akron Law. Coffee and cookies will be served along with this presentation.

More than 30 years ago, two American lawyers named Frank Armani and Francis [...]

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